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The Western Judicial Circuit Today and in Bygone Times
A Short History of Local Superior Court Judges—Part One
H. Patrick Haggard, appointed by Gov. Deal to
fill the unexpired term of Judge Steve C. Jones,
is the latest in a long line of superior court
judges in the Western Judicial Circuit, which
includes Athens. In this two-part article,
adapted from a speech he gave at the UGA law
school, Prof. Donald E. Wilkes, Jr. takes a look
at the history of the circuit and the judges who
have served it.
T here are 159
superior courts in
Georgia—one in
each county. Of all the
existing courts of this
state, superior courts are
the oldest. They were cre
ated 234 years ago by
Georgia's first state con
stitution in 1777. By con
trast, the Supreme Court of
Georgia was not established
until 1845, and the Court
of Appeals of Georgia was
not created until 1906.
Presided over by supe
rior court judges elected by
the people, superior courts
are the most important trial courts in this
state. Superior courts have general jurisdiction
to try almost any civil or criminal case, and
are the only courts with authority to exercise
the powers of a court of equity or to try felo
nies. In addition to this expansive trial juris
diction, superior courts even have appellate
jurisdiction to review certain decisions of
probate courts and magistrate courts.
Superior courts of this state are grouped
into 49 circuits with geographical names. The
superior courts of Clarke and Oconee counties
form the Western Judicial Circuit.
The Western Judicial Circuit was created
by a 1797 statute, before Clarke County even
existed. Along with the Eastern and Middle
Circuits, it was one of the
first three judicial circuits
established in this state.
T he Western Judicial Circuit
originally consisted of the
superior courts of eight
counties: Elbert, Franklin,
Greene, Hancock, Jackson,
Lincoln, Oglethorpe and
Wilkes. Clarke County joined
the Western Judicial Circuit
when the county was cre
ated in 1801, and Oconee
County has been part of the
Circuit since the county's
creation in 1875.
At one time or another,
the superior courts in a
total of 24 counties have
been part of the Western Judicial Circuit. The
most superior courts in the Western Judicial
Circuit in any one period was between 1821
and 1822, when the Circuit included 11 coun
ties: Clarke, Fayette, Franklin, Gwinnett,
Habersham, Hall, Henry, Jackson, Newton,
Rabun and Walton. From 1923 until 1972,
the Western Circuit consisted of the superior
courts of Clarke, Oconee and Walton counties.
In 1972 the superior court of Walton County
was removed from the Western Circuit.
Until 1976, there was never more than one
superior court judge of the Western Judicial
Circuit at a time. A 1976 statute raised the
number of judges to two, and a 1995 statute
further increased the number to three. The
current superior court judges of the Circuit are
Lawton Stephens, David Sweat and H. Patrick
Haggard. Haggard was recently appointed by
Governor Deal to fill the vacancy created when
Steve C. Jones resigned earlier this year to
become a federal judge. Haggard will serve the
unexpired portion of Jones' term and then,
as he has announced, seek election for a full
term. (Superior court judges are elected to
serve four-year terms.)
There have been 28 superior court judges
of the Western Judicial Circuit since its cre
ation in 1797. (A list of these judges, with
their terms of office, is set forth below in
the box appended to this article.) Some of
these judges are among the most illustrious
jurists in the history of this state. The legend
ary James Barrow, for example, who died in
2000, was a judge, everyone knew, who strove
for justice in every single case he tried. His
decisions were hardly ever set aside by appel
late courts, who well knew Judge Barrow's
astonishing, proven reputation for wisdom and
fairness.
Donald E. Wilkes. Jr.
Next week: colorful details from the lives of some of
these superior court judges.
Superior Court Judges of tfie Western Judicial Circuit and Ttieir terms of Office
Thomas P. Carnes (1798-1803; 1809-1813) • John Griffin (1803) • Charles Tait (1803-
1809) • Young Gresham (1813-1816) • John Mitchell Dooly (1816-1819) • Augustin Smith
Clayton (1819-1825; 1828-1831) -William H. Underwood (1825-1828) • Charles Dougherty
(1831-1837; 1845-1849) • Thomas W. Harris (1837-1841) • Junius Hillyer (1841-1845)
• James Jackson (1849-1857) • N.l. Hutchins I (1857-1868) • C.D. Davies (1868-1873) •
George D. Rice (1873-1878) • Alex S. Erwin (1878-1883) - N.l. Hutchins II (1883-1899) •
Richard B. Russell, Sr. (1899-1906) • Charles Hillyer Brand (1906-1917) • Andrew J. Cobb
(1917-1921) • Blanton Fortson (1921-1940) • Stephen C. Upson (1940-1942) • Henry H.
West (1942-1953) • Carlisle Cobb (1953-1962) • James Barrow (1962-1990) [Senior Judge
(1990-2000)} • Joseph J. Gaines (1976-2002) {Senior Judge (2002-2007)] • Lawton E. .
Stephens (1991-present) • Steve C. Jones (1995-2011) • David R. Sweat (2002-present) •
H. Patrick Haggard (2011-present)
Judge Stephen C. Upson
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LOCOS LIVE
usid
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1
June 1: Napoleon Solo
(One Man Covers)
June 8: Normaltown Flyers
(Acoustic Classic Covers)
June 15: The Athens Band
(Rock & Roll)
June 22: Rick Fowler Band
i Acoustic' Originals)-
Wednesday Nights 6pm
2020 Timothy Rd.
Athens. GA 30606
706.549.7700
V
JUNE 1,2011 FLAGPOLE.COM 7
