Magistrate Court

The Magistrate Courts are courts of limited jurisdiction as outlined as follows by the official Code of Georgia Annotated, Section 15-10-2. The Magistrate Court has criminal and civil jurisdictions. The criminal jurisdiction's responsibilities include issuing arrest and search warrants as well as good behavior bonds, conducting first appearance, bond, extradition, committal, and warrant application hearings, presiding over and conducting trials for county ordinance violations, misdemeanor bad check, criminal trespass, alcohol beverage violations involving persons under 21 years of age, shoplifting, and possession of marijuana less than one ounce. The civil jurisdiction's responsibilities include the trial and adjudication of civil claims for $15,000 or less, dispossessory and distress proceedings and garnishments.

If you plan to file a claim in the Magistrate Court or a claim has been filed against you, please be advised that neither the Judge nor the clerks can provide legal advice. Not only is it unethical and improper for the Judge or clerk to give either party legal advice, it is also illegal. If you have legal questions concerning your case, please consult the attorney of your choice. If you have questions concerning scheduling, please contact the Magistrate Court and one of the clerks will be glad to assist you.

We will be glad to do weddings by appointment only in the office Monday thru Friday. Also if you would like for a judge to perform a wedding after hours please contact them directly.

Magistrate Court Forms

Preparation for a Civil Case
Magistrate Court Fees

Civil E-Filing - File a Claim Online
eFile Georgia - Attorneys, Agents, Plaintiffs file Faster, Easier and More Economically
Georgia Council of Magistrate Website

Here is a guide to help you file your claim in the Magistrate Court. Please click the link below:
Georgia Council of Magistrate Form Generator

Many of the Magistrate Courts litigants represent themselves and are called Pro se. An over whelming majority of the litigants in the Lee County Magistrate Court are pro se; however, an increasing number of parties are represented by attorneys.

As a court of inquiry the Magistrate Court is often called upon to determine probable cause or sufficient evidence in criminal cases. In felony cases and cases assigned to the Superior Court, the Magistrate Court cannot make a determination of guilt or innocence; it can only determine if there is sufficient probable cause for the case to go forward. The only cases in which the Magistrate Court adjudicates guilt or innocence is in misdemeanor bad check cases (checks in the amount of $499.99 or less), failure to attach and display a county tax decal on mobile homes and county ordinance violations. County ordinances include code and zoning violations, disorderly conduct, public drunkenness, alcohol violations by minors, etc.

The Magistrate Court is holding an increasing number of pre-issuance hearings on warrant applications. The purpose of these hearings is to allow all parties involved in a dispute to present evidence before a Judge so that he can better determine if probable cause exists for a warrant to be issued. Judge Thurman began this practice in 1997 and has found that in approximately 80% of these hearings, the parties resolve their differences without anyone being arrested.

The Magistrate Court has continually grown over the last couple of years as reflected by the statistics below. The Magistrate Courts have the highest case load of all the Georgia Courts due to their easy accessibility. The monetary jurisdiction of the Magistrate Court in Civil cases is $15,000 or less. The $15,000 monetary jurisdictional limit does not apply to dispossessory actions which involve landlord-tenant cases. The Magistrate Court has unlimited monetary jurisdiction when hearing dispossessory actions.

Civil Hearings

Civil Hearings are held on first and third Wednesday of each month at 9:00 am and also on the second, fourth, and fifth Tuesday of each month at 9:00 am.

Criminal Hearings

County Ordinance Violation and Misdemeanor Violations are held on first Tuesday of each month at 9:00 am.

Trials (County Ordinance Violation and Misdemeanor Violations) are held on the third Tuesday of each month at 9:00 am.

Committal Hearings are held on third Tuesday of each month at 1:00 pm. A preliminary or committal hearings is held to determine probable cause for persons who have been unable to post bond and are being held in jail, or persons who have made bond but have special conditions upon their bonds. Once an accused is indicted or an accusation has been entered, he loses his right to a preliminary/committal hearing. If the accused is unable to post bond, the Magistrate Court will also schedule a bond hearing upon request so that the State and the accused may present into evidence reasons why bond should or should not be changed.

Pre-Warrant Application Hearings are held on the first and third Wednesday of each month at 11:00 am and also on the second, fourth, and fifth Tuesday of each month at 11:00 am.

First Appearance Hearings (Bond Hearing) are held on Monday, Wednesday, Friday, and Sunday of each week at 2:00 pm. The Judge is required to read the charges to the accused, advise the accused of his Constitutional rights to remain silent and to be represented by an attorney, and his right to a preliminary/committal hearing. If the accused is indigent and requests a court appointed attorney, the Judge makes the appointment. If the accused requests a preliminary/committal hearing, he also schedules it. The Judge also considers the issue of bond if the accused is eligible for bond. An accused person that is in jail must be brought before a Judge for his first appearance hearing within 48 hours if he/she was arrested without a warrant and 72 hours if he/she was arrested with a warrant.

The Magistrate Courts of Georgia were established in 1983 when the current Constitution was ratified. The Constitution mandated the Magistrate Court to replace the Justice Courts and a variety of small claims courts or limited jurisdiction courts that were known by a variety of different names. The Justice Courts and the office of Justice of the Peace dates back to England and the reign of Edward III. The Justice of the Peace and the Sheriffs were appointed by the King to carry out his orders and decrees. When the original colonies, including Georgia, were settled, the position of Justice of the Peace was carried over into the local governments.