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Judicial power shall be vested in (supreme court, court of appeals) circuit court and
county courts. No other courts may be established by the state, any political subdivision
or any municipality. The state shall be divided into judicial circuits following circuit
lines. Commissions established by law, administrative officers or bodies may be granted
quasi-judicial power in matters connected with the functions of their offices.
The Constitution of Georgia, adopted in 1777, created the judicial system by
establishing the Superior and Inferior Courts in each county. Until the creation of the
Supreme Court by the legislature in 1845, the Superior Court was the highest court in the
state with jurisdiction in divorce, equity, title, appeal over lower court decisions by
Certiorari and any criminal cases where the sentence involved incarceration or possible
loss of life.
In 1789, the state was divided into two judicial districts, the Eastern and Western
districts. Each district had one (1) superior court judge. During this period of time,
there were two terms of court. The six month term allowed the judge to ride the circuit
and hear cases in each county. Circuit riding is still a common practice for rural judges
to sit in a county during the six month term.
By 1822, there were seven judicial districts in the state and the newly created DeKalb
County became part of the Flint Circuit. In 1853, DeKalb County was divided into Fulton
and DeKalb counties and they were made a part of the Coweta Circuit. An act of 1885
created the Stone Mountain Judicial Circuit that included DeKalb and Clayton counties.
This act was originally planned as a temporary measure, but that was changed in 1887 when
the circuit was made permanent and Douglas county was added.
On January 1, 1892 Douglas county was removed from the circuit and Rockdale and Newton
counties were added. The year of 1898 saw the admission of Campbell County and these five
counties made up the Stone Mountain Judicial Circuit until 1932 when Campbell was merged
with Fulton County. Clayton County was removed in 1956 to form its own circuit and Newton
was removed in 1972 and added to the newly created Alcovy Circuit.
The Rockdale Circuit was created in 1983 leaving DeKalb County as the only remaining
county in the Stone Mountain Judicial Circuit
There have been 33 Superior Court judges appointed to the bench in the Stone Mountain
Circuit since 1885, including the 10 judges now sitting. The Honorable Richard H. Clark
was the first superior court judge to sit in the Stone Mountain Judicial Circuit. Judge
Clark had 28 criminal indictments during his first term of court, the first criminal
filing was:
The State vs. James Hudgins
Mr. Hudgins was indicted for simple larceny or "Cow Stealing". He was found guilty. The 22 civil cases filed included 4 suits for divorce, of these 4, two were dismissed and two were tried, and as was required then by the law at that time, 2 jury verdicts were returned in favor of each divorce before the final decree was granted. Of the remaining 18 civil cases filed, 10 were settled or dismissed leaving Judge Clark with a caseload of 8 cases to try during the remainder of his first term of court.