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Writer's pictureJohn Teague

Here Comes the Judge: The Law in Henry County.

Updated: Jan 2


State Seal of Georgia

All Rise! This phrase echoes in courtrooms worldwide, resonating particularly in Henry County, where the oldest institution, the court system, took root in 1821 through legislative action by the General Assembly. Tasked with delivering justice to the people of Henry County and resolving civil disputes that unfold over time, the court system has stood as a pillar of the community.

Among the historical court entities, now defunct, the Inferior Court holds a significant place. Functioning as an almost Quasi-Judicial body, this court not only managed the general business of Henry County's Government but also presided over small claims hearings, akin to today's magistrate court. In a departure from the singular judge model, "Justices" were elected by the people to collectively adjudicate matters, reflecting a democratic approach to decision-making.

Taking the helm as the highest court in the county and the second oldest, the Superior Court assumed a broad purview. It navigated criminal matters, encompassing both felonies and misdemeanors, along with civil affairs such as Writs of Fieri Facias and other extraordinary writs. Overseen by a circuit judge who traversed the Flint Judicial Circuit, which once included Henry, Butts, Lamar, Monroe, and Clayton counties, this judge would convene periodically to hear cases and render decisions. Supporting the circuit judge was an elected clerk, responsible for meticulously recording writs and judgments while facilitating the scheduling of hearings – a role that mirrors their contemporary counterparts. The continuity of these roles underscores the enduring commitment of the court system to uphold justice and serve the residents of Henry County.


Augustin Smith Clayton,

First Flint Judicial Circuit Superior Court Judge

Fig.2, Cloriviere, Joseph-Pierre. Portrait of Augustin Smith Clayton. Watercolor. 1800/1820. Athens, GA. https://artsandculture.google.com/asset/portrait-of-augustin-smith-clayton-attributed-to-joseph-pierre-picot-de-clorivi%C3%A9re/sQH_2zXiyR0lXg

The foundational strata of Henry County's judicial framework comprised the court of the ordinary and the Justices of the Peace. The Court of the Ordinary assumed a pivotal role in managing estate affairs within the county, overseeing the complexities of guardianship for minors and individuals necessitating legal protection. This court served as a linchpin for vital matters concerning the welfare of the community.


Meanwhile, Justice of the Peace (JOP) courts, scattered across Henry County, operated as localized arenas for the resolution of civil disputes. These venues, presided over by appointed JOPs, played a crucial role in alleviating the burden on higher courts by efficiently settling small claims cases at the community level. Cases surpassing a stipulated amount automatically ascended to the higher courts in McDonough, ensuring a judicious allocation of resources and prioritizing more substantial legal matters.


The enduring legacy of the JOP persisted for over a century, symbolizing a practical and accessible mechanism for locals to seek resolution within their communities. However, in the late 20th century, legislative changes redefined this landscape. The dissolution of JOP offices occurred as part of a broader overhaul, redistributing their functions to the Magistrate Court. This strategic transformation aimed at streamlining the judicial system, aligning it with contemporary needs while preserving the essence of local justice administration.

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