In multi-judge circuits, unless a majority of the judges in a circuit elect to adopt a different system, all actions, civil and criminal, shall be assigned by the clerk of each superior court according to a plan approved by such judges to the end that each judge is allocated an equal number of cases. The clerk shall have no power or discretion in determining the judge to whom any case is assigned; the clerk’s duties are ministerial only in this respect and the clerk’s responsibility is to carry out the method of assignment established by the judges. The assignment system is designed to prevent any persons choosing the judge to whom an action is to be assigned; all persons are directed to refrain from attempting to affect such assignment in any way. If the order or the timing of filing is a factor in determining case assignment, neither the clerk nor any member of the clerk’s staff shall disclose to any person the judge to whom a case is or will be assigned until such time as the case is in fact filed and assigned.
Rule 3.1.Method of Assignment
Rule 3. ASSIGNMENT OF CASES AND ACTIONS · Last amended 2006 · Last verified July 17, 2026
In one sentenceRule 3.1 requires multi-judge circuits to assign every civil and criminal case through a judge-approved plan that distributes cases equally among judges, strips the clerk of any discretion in choosing the assigned judge, forbids anyone from steering a case toward a particular judge, and restricts advance disclosure of assignment outcomes tied to filing order or timing.
Full Text of Rule 3.1
Plain-English Summary
Rule 3.1 sets the default method for handing out cases in a multi-judge circuit. Unless a majority of the circuit’s judges elect a different system, the clerk assigns every action — civil and criminal alike — according to a plan the judges themselves have approved, structured so each judge ends up with an equal number of cases. The clerk’s role in this is strictly ministerial: the clerk has no power or discretion in determining which judge gets a given case, only the responsibility to carry out the method the judges established.
The rest of Rule 3.1 protects that system from being gamed. It states plainly that the assignment system is designed to prevent anyone from choosing the judge assigned to their case, and it directs everyone — parties, attorneys, court staff — to refrain from attempting to affect that assignment. Where the order or timing of filing is a factor in how cases get assigned, the rule adds a specific safeguard: neither the clerk nor anyone on the clerk’s staff may tell a person which judge a case is or will be assigned to until the case has been filed and assigned. That closes off any attempt to time a filing based on advance knowledge of which judge would get it.
Frequently Asked Questions
Who decides the plan by which cases are assigned to judges in a multi-judge circuit?
The judges of the circuit approve the assignment plan; the rule states a voting threshold only for the separate choice to opt out and adopt a different system, which takes a majority of the judges in the circuit.
What role does the clerk play in deciding which judge gets a case?
None. Rule 3.1 states the clerk has no power or discretion in determining the judge to whom a case is assigned — the clerk’s duties are ministerial only.
What is the case-assignment system specifically designed to prevent?
Any person choosing the judge to whom an action is assigned.
Can the clerk tell a party in advance which judge will get their case if filing timing affects assignment?
No. If the order or timing of filing is a factor, neither the clerk nor the clerk’s staff may disclose the assigned judge until the case is filed and assigned.
Does Rule 3.1 apply to criminal cases as well as civil cases?
Yes — the rule covers “all actions, civil and criminal.”
Amendment History
Amended effective October 9, 1997; October 26, 2006.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Uniform Superior Court Rules, published by the
Council of Superior Court Judges of Georgia. Last verified July 17, 2026.
· Official source
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