Our Local Courts in a Nutshell by Danielle Johnson

Recently, national and local news outlets have devoted much attention to the legislative and executive partisan branches of government. However, very little information is shared about the non-partisan judiciary branch, i.e., our courts.  Can we talk about courts?

Cobb County actually has six trial-level courts.  Those courts are Superior, State, Juvenile, Probate, Magistrate, and Municipal, or “City” Courts.  Each court is equally important to the daily lives of the average Cobb County citizen, however, the respective roles of these courts are separate and distinct from one another.   

Let’s start with perhaps the most well-known local court that is Superior Court, which has exclusive jurisdiction over family law matters, such as divorce, child support, child custody, legitimation, adoptions, and domestic violence.  

In fact, up to 80% of the Superior Court’s time is consumed by these types of cases.  Further, Superior Court has exclusive jurisdiction over felony crimes committed in our community, such as homicide, rape, and aggravated assault.  

Superior Court will also hear cases involving small business disputes, such as breach of contract, fraud, trademark infringement, and real estate matters.  

The 2nd most utilized court in our community is perhaps the State Court, which handles all civil actions not otherwise within the exclusive jurisdiction of the Superior Court.  

Most of the civil actions involving traffic accidents are heard by State Court. State Court also handles landlord-tenant disputes, and certain traffic cases, including, but not limited to, aggressive, driving under the influence, and hit and run.  

Further, State Court has exclusive jurisdiction of misdemeanor crimes, such as simple assault, criminal trespass, and disorderly conduct. 

Next, we have our Juvenile Court, which hears all cases involving allegations of dependency of children under the age of eighteen. In other words, if a child is found to be without a biological parent willing and capable of providing a stable home environment, the Juvenile Court will attempt to place that child in a proper home.  

The court will then decide if the child would be permanently removed from the parents or if a safety plan for reunification is more appropriate. Juvenile Court also hears cases involving allegations of unruly conduct, delinquency, or traffic violations concerning children under the age of 17 found within its jurisdictions.  

Not to sound too Forrest Gump-ish, but “dying is just a part of life.” When that happens, one needs to quiet or settle the estate. The primary function of the Probate Court is to ensure that estates are administered in accordance with the law.  If one dies with a will, then Probate Court ensures that the wishes of the deceased are followed.  If one dies without a will, then Probate Court will distribute the estate amongst the survivors in the order as required by law. Probate Court also hears guardianship cases involving children and adults.

Magistrate Court can be more commonly referred to as The People’s Court or Night Court. Its jurisdiction encompasses civil claims of $15,000 or less, county ordinance violations, applications for and issuance of arrest and search warrants.  

Unlike Superior and State Court, Magistrate Court does not have jury trials.  Further, by designation and in an attempt to relieve Superior Court’s docket, Cobb County Magistrate Court will hear cases involving temporary restraining orders.  If an order of protection is issued and children are involved, the Court may also address the child-related issues, such as custody, parenting time, and child support.  The parties will then have the opportunity to have a more in-depth hearing on the child-related issues in Superior Court Judge by filing an appropriate action there, such as divorce, separate maintenance, or legitimation.   

Finally, we have our Municipal Court system. These city-level courts have jurisdiction over traffic cases arising within the city limits.  Municipal Courts also have limited jurisdiction over minor misdemeanor offenses, such as shoplifting of $500 or less; possession of less than one ounce of marijuana,  and minor traffic offenses.

Most of what happens in our local courts is pretty unextraordinary. Unless we are hearing about a high profile felony case being heard in Superior Court, or about the guardianship of a celebrity the likes of Brittany Spears being challenged in Probate Court, or a significant other of a local public figure seeking a temporary restraining order in Magistrate Court, most of the hard work and dedication of the Judges and support staff that run these courts go unnoticed.  

However, the duties of our local courts are just as, if not, more important than what is happening on the state or federal level.  These are the decisions that have a direct impact on our friends and neighbors, which influence their day-to-day behaviors, which define how we function as a community.