Hello, I am Jim Thurman, Chief Magistrate for Lee County, Georgia. On behalf of the Lee County Magistrate Court and its staff, I welcome you to our home page. We hope that you find it helpful and informative.

Should you need additional information or assistance in filing a claim or processing a warrant application, please feel free to call a member of our staff. However, please be advised that it is illegal and improper for the clerks and/or the judge to dispense legal advice. Should you need legal advice, please contact an attorney of your choice.

The Magistrate Court is open Monday through Friday from 8:00 a.m. until 5:00 p.m. A Judge is on-call 24 hours a day seven days a week and can be reached through any Lee County Law Enforcement Agency.

If you need the services of the Magistrate Court, you can contact us by calling (912) 759-6016 or by fax at (912) 759-3303 or by e-mail at jrthurman@lee.ga.us.

History

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.

Case Load

The Magistrate Courts have the highest case load of all the Georgia Courts due to their easy accessibility and the fact that most criminal cases begin there. The Lee County Magistrate Court's case load is continually growing, primarily due to the population and commercial growth of our county.

The civil proceedings are not as formal as those in the Superior and State Courts, which entices many of the litigants to represent themselves. A litigant that represents himself is referred to as a pro se litigant. However, 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. If you are not well versed in Georgia law and/or legal proceedings it is always advisable to seek legal counsel. If the opposing side is represented by an attorney, it is most definitely wise to speak with an attorney and follow his advice.

Jurisdiction

The civil monetary jurisdiction of the Magistrate Court is $15,000.00. If your case has a monetary value in excess of $15,000.00, it is out of the jurisdiction of the Magistrate Court and should be filed in the Superior Court.

The monetary jurisdictional limit of $15,000.00 does not apply to dispossessory actions which involve landlord-tenant cases. In dispossessory actions, the Magistrate Court has unlimited monetary jurisdiction.

The Magistrate Court hears warrant applications and issues warrants when it determines there is probable cause. Most felony and misdemeanor cases are assigned to the Superior Court after a warrant is issued. In these cases 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 Magistrate Court does have jurisdiction in the following misdemeanors: deposit account fraud (bad checks) when the check or fraud is for an amount between $.01 and $499.99; failure to attach and display a county tax decal on mobile homes; possession of less than one ounce of marijuana; theft by shoplifting of $300.00 or less; furnishing alcoholic beverages to, and purchase and possession of alcoholic beverages by, a person under 21 years of age; criminal trespass and county ordinance violations.

Hearings

First appearance hearings are held daily for accused persons who are being held in jail. 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, the Judge also schedules it. The Judge also considers the issue of bond if the accused is eligible for bond.

Civil hearings are held each Tuesday at 9:00 a.m.; county ordinance violations are heard the first Tuesday of each month at 1:30 p.m.; and bad check cases are heard at 1:30 p.m. on the third Tuesday of each month. Warrant application hearings, first appearance hearings, committal hearings, and bond hearings are scheduled as needed.

Wedding Services

We are happy to perform wedding services in the Magistrate Court five days a week, but kindly request that they be scheduled ahead of time. The Judges will also assist with weddings outside of the Courthouse after hours. Again, we kindly request as much advance notice as possible.

Comments

We hope to continually up-grade the information provided in our web page. Therefore, we would be interested in any comments you may have. You may address your comments to jrthurman@lee.ga.us.