Project Description

Superior and State Court Appellate Practice Act

The Certiorari Review Subcommittee of the Judicial Council of Georgia/Standing Committee on Legislation was appointed on July 21, 2016, for the purpose of reviewing and reforming the current certiorari review procedure set forth in OCGA §§ 5-4-1 et seq.  The members of the Certiorari Review Subcommittee are as follows:

  • Presiding Judge Christopher J. McFadden, Court of Appeals of Georgia, Subcommittee Chair.

  • Judge Bill Hamrick, Coweta Circuit Superior Court, former Georgia State Senator.

  • Judge Carla E. Brown, Gwinnett County State Court.

  • Judge Gary W. Washington, Rockdale County Probate Court.

  • Judge Michael H. Barker, Chatham County Magistrate Court, Immediate Past President of the Council of Magistrate Court Judges.

  • Judge Gary E. Jackson, Atlanta Municipal Court, Past President of the Council of Municipal Court Judges.

The Subcommittee proposes the draft Superior and State Court Appellate Practice Act, which would repeal and replace both the current notice of appeal and certiorari review statutes in OCGA Chapters 3 and 4 of Title 5 with a single, modern, logical, and relatively simplified “petition for review” process for superior or state court review of judicial and quasi-judicial decisions from municipal courts, non-Article 6 probate courts, magistrate courts, and other lower judicatories, as defined.

The Subcommittee last met on July 24, 2020, when it voted to amend the draft Superior and State Court Appellate Practice Act to address the comments received during a 30-day comment period from June 9, 2020, to July 9, 2020.  On August 14, 2020, the Judicial Council of Georgia voted to support the draft Superior and State Court Appellate Practice Act (click the link below for the current version).  Email your questions or comments regarding the draft Superior and State Court Appellate Practice Act to: certreviewcomments@georgiacourts.gov.

Superior and State Court Appellate Practice Act