Georgia Supreme Court
From Ballotpedia - Reading time: 3 min
| Georgia Supreme Court |
|---|
|
| Court Information |
| Justices: 9 |
| Founded: 1845 |
| Location: Atlanta |
| Salary |
| Chief: $179,112 Associates: $179,112 |
| Judicial Selection |
| Method: Nonpartisan election |
| Term: 6 years |
| Active justices |
|
Carla W. McMillian |
Founded in 1845, the Georgia Supreme Court is the state's court of last resort and has nine judgeships. The current chief of the court is David Nahmias.
As of September 2021, eight judges on the court were appointed by a Republican governor and one was initially selected in a nonpartisan election.
The Georgia Supreme Court meets in Atlanta, Georgia. The court sits for three terms: the December term (first Monday in December until March 31); the April term (first Monday in April until July 17); and the August term (first Monday in August until November 18).
In Georgia, state supreme court justices are elected in nonpartisan elections. As of November 18, 2021, there are 13 states that use this selection method. To read more about the nonpartisan election of judges, click here.
Contents
Jurisdiction[edit]
The 1983 Georgia Constitution gives the Georgia Supreme Court exclusive appellate jurisdiction over constitutional cases and election contest cases. The court also has general appellate jurisdiction over land title, will and equity cases, divorce and alimony cases, certified cases, death penalty cases, and writs of habeas corpus or certiorari. The court may also exercise jurisdiction over Georgia Court of Appeals cases found to be of great public importance.[1]
The following text from Article VI, Section 6 of the Georgia Constitution covers the organization and jurisdiction of the court:
| “ | General Appellate Jurisdiction of Supreme Court
Unless otherwise provided by law, the Supreme Court shall have appellate jurisdiction of the following classes of cases: (1) Cases involving title to land; (2) All equity cases; (3) All cases involving wills; (4) All habeas corpus cases; (5) All cases involving extraordinary remedies; (6) All divorce and alimony cases; (7) All cases certified to it by the Court of Appeals; and (8) All cases in which a sentence of death was imposed or could be imposed. Review of all cases shall be as provided by law. [2] |
” |
| —Georgia Constitution, Article IV, Section 6 | ||
Justices[edit]
The table below lists the current judges of the Georgia Supreme Court and the appointing governor.
| Judge | Appointed By |
|---|---|
|
Elected |
|
Judicial selection[edit]
- See also: Judicial selection in Georgia
The nine justices on the Georgia Supreme Court are chosen by popular vote in nonpartisan elections. They serve six-year terms, after which they must run for re-election if they wish to retain their seats.[3]
Qualifications[edit]
To serve on this court, a judge must be:
Chief justice[edit]
The chief justice is selected by peer vote and serves in that capacity for four years.[3]
Vacancies[edit]
If a vacancy appears on the court, the position is filled by assisted appointment. The governor chooses an appointee from a list of qualified candidates compiled by the judicial nominating commission. The judicial nominating commission consists of eighteen members, each appointed by the governor. For each court vacancy, the commission recommends five candidates (unless fewer than five are found to be qualified), but the governor is not bound to the commission's choices and may choose to appoint a judge not found on the list.[4] If appointed, an interim judge must run in the next general election held at least six months after the appointment, and, if confirmed by voters, he or she may finish the rest of the predecessor's term.[3]
The map below highlights how vacancies are filled in state supreme courts across the country.
Elections[edit]
In Georgia, judges are elected to six-year terms in nonpartisan elections. The governor appoints judges with the help of a nominating commission in the event of a midterm vacancy.
2020[edit]
- See also: Georgia Supreme Court elections, 2020
The terms of four Georgia Supreme Court justices expired on December 31, 2020. The four seats were up for nonpartisan election on May 19, 2020.
Judges with expiring terms[edit]
- This is a list of the justices who had to stand for nonpartisan election in 2020 in order to remain on the bench. Justices could choose not to stand for election.
■ Charlie Bethel 
■ Sarah Warren
2018[edit]
- See also: Georgia Supreme Court elections, 2018
The terms of five Georgia Supreme Court justices expired on December 31, 2018. Those justices stood for nonpartisan election by voters in 2018 in order to remain on the bench. The general election took place on May 22, 2018. Harold Melton, Michael P. Boggs, Nels Peterson, and Britt Grant were retained. John Ellington won election to the seat formerly held by Carol Hunstein, who did not file for retention.
2016[edit]
Candidates[edit]
■ David Nahmias (Incumbent/Unopposed)
Results[edit]
| Georgia Supreme Court, David Nahmias' Seat, 2016 | ||
|---|---|---|
| Candidate | Vote % | Votes |
| David Nahmias Incumbent (unopposed) |
100.00% | 775,214 |
| Total Votes (159 of 159: 100%) | 775,214 | |
| Source: Georgia Secretary of State Official Results | ||
2014[edit]
| Unopposed | Judge Harris Hines (Hines) |
|---|
| Unopposed | Judge Keith Blackwell (Blackwell) |
|---|
| Unopposed | Judge Robert Benham (Benham) |
|---|
- Click here for 2014 General Election Results from the Georgia Secretary of State.
- Election history, 2006-2012 (click to expand)
2012[edit]
Candidate Incumbency Primary Vote Election Vote Carol Hunstein 
Yes 99% Harold Melton (Georgia) Yes 99% Hugh Thompson Yes 99% 2010[edit]
Georgia Supreme Court, Associate Justice
2010 General election resultsCandidates Votes Percent David Nahmias
176,627 67% Tammy Lynn Adkins 86,938 33% - Click here for 2010 General Election Results from the Georgia Secretary of State.
2008[edit]
Georgia Supreme Court, Associate Justice
2008 General election resultsCandidates Votes Percent Harris Hines
2,801,588 100% Against retention 0 0% Georgia Supreme Court, Associate Justice
2008 General election resultsCandidates Votes Percent Robert Benham
2,812,875 100% Against retention 0 0% - Click here for 2008 General Election Results from the Georgia Secretary of State.
2006[edit]
Georgia Supreme Court, Associate Justice
2006 General election resultsCandidates Votes Percent Harold Melton
1,605,179 100% Against retention 0 0% Georgia Supreme Court, Associate Justice
2006 General election resultsCandidates Votes Percent George Carley
1,609,144 100% Against retention 0 0% Georgia Supreme Court, Associate Justice
2006 General election resultsCandidates Votes Percent Robert Benham
1,596,458 100% Against retention 0 0% Georgia Supreme Court, Associate Justice
2006 General election resultsCandidates Votes Percent Carol Hunstein
1,170,973 63.1% Mike Wiggins 683,483 36.9% - Click here for 2006 General Election Results from the Georgia Secretary of State.
Caseloads[edit]
The table below details the number of cases filed with the court and the number of dispositions (decisions) the court reached in each year. As of September 2019, data from 2014 to 2017 was not available.
| Georgia Supreme Court caseload data | ||
|---|---|---|
| Year | Filings | Dispositions |
| 2019 | 1,670 | 1,539 |
| 2018 | 1,627 | 1,781 |
| 2017 | N/A | N/A |
| 2016 | N/A | N/A |
| 2015 | N/A | N/A |
| 2014 | N/A | N/A |
| 2013 | 1,936 | 1,944 |
| 2012 | 1,936 | 1,963 |
| 2011 | 2,107 | 2,037 |
| 2010 | 2,036 | 1,869 |
| 2009 | 1,979 | 1,958 |
| 2008 | 2,060 | 2,160 |
| 2007 | 1,875 | 2,038 |
Analysis[edit]
Ballotpedia Courts: Determiners and Dissenters (2021)[edit]
In 2020, Ballotpedia published Ballotpedia Courts: Determiners and Dissenters, a study on how state supreme court justices decided the cases that came before them. Our goal was to determine which justices ruled together most often, which frequently dissented, and which courts featured the most unanimous or contentious decisions.
The study tracked the position taken by each state supreme court justice in every case they decided in 2020, then tallied the number of times the justices on the court ruled together. We identified the following types of justices:
- We considered two justices opinion partners if they frequently concurred or dissented together throughout the year.
- We considered justices a dissenting minority if they frequently opposed decisions together as a -1 minority.
- We considered a group of justices a determining majority if they frequently determined cases by a +1 majority throughout the year.
- We considered a justice a lone dissenter if he or she frequently dissented alone in cases throughout the year.
Summary of cases decided in 2020[edit]
- Number of justices: 9
- Number of cases: 347
- Percentage of cases with a unanimous ruling: 96.3% (334)
- Justice most often writing the majority opinion: Justice John Ellingtin (38)
- Per curiam decisions: 35
- Concurring opinions: 12
- Justice with most concurring opinions: Justice Keith Blackwell (4)
- Dissenting opinions: 11
- Justice with most dissenting opinions: Justices Charlie Bethel and Harold Melton ((3))
For the study's full set of findings in Georgia, click here.
Ballotpedia Courts: State Partisanship (2020)[edit]
- See also: Ballotpedia Courts: State Partisanship
Last updated: June 15, 2020
In 2020, Ballotpedia published Ballotpedia Courts: State Partisanship, a study examining the partisan affiliation of all state supreme court justices in the country as of June 15, 2020.
The study presented Confidence Scores that represented our confidence in each justice's degree of partisan affiliation, based on a variety of factors. This was not a measure of where a justice fell on the political or ideological spectrum, but rather a measure of how much confidence we had that a justice was or had been affiliated with a political party. To arrive at confidence scores we analyzed each justice's past partisan activity by collecting data on campaign finance, past political positions, party registration history, as well as other factors. The five categories of Confidence Scores were:
- Strong Democrat
- Mild Democrat
- Indeterminate[5]
- Mild Republican
- Strong Republican
We used the Confidence Scores of each justice to develop a Court Balance Score, which attempted to show the balance among justices with Democratic, Republican, and Indeterminate Confidence Scores on a court. Courts with higher positive Court Balance Scores included justices with higher Republican Confidence Scores, while courts with lower negative Court Balance Scores included justices with higher Democratic Confidence Scores. Courts closest to zero either had justices with conflicting partisanship or justices with Indeterminate Confidence Scores.[6]
Georgia had a Court Balance Score of 6.78, indicating Republican control of the court. In total, the study found that there were 15 states with Democrat-controlled courts, 27 states with Republican-controlled courts, and eight states with Split courts. The map below shows the court balance score of each state.
Bonica and Woodruff campaign finance scores (2012)[edit]
In October 2012, political science professors Adam Bonica and Michael Woodruff of Stanford University attempted to determine the partisan outlook of state supreme court justices in their paper, "State Supreme Court Ideology and 'New Style' Judicial Campaigns." A score above 0 indicated a more conservative-leaning ideology while scores below 0 were more liberal. The state Supreme Court of Georgia was given a campaign finance score (CFscore), which was calculated for judges in October 2012. At that time, Georgia received a score of 0.09. Based on the justices selected, Georgia was the 20th most conservative court. The study was based on data from campaign contributions by judges themselves, the partisan leaning of contributors to the judges, or—in the absence of elections—the ideology of the appointing body (governor or legislature). This study was not a definitive label of a justice but rather an academic gauge of various factors.[7]
Ethics[edit]
The Georgia Code of Judicial Conduct sets forth ethical guidelines and principles for the conduct of judges and judicial candidates in Georgia. It consists of four overarching canons:
| “ |
|
” |
The full text of the Georgia Code of Judicial Conduct can be found here.
Removal[edit]
Judges in Georgia may be removed in one of two ways:
- By the Judicial Qualifications Commission of Georgia, which may discipline, remove, or retire a judge. The removal or retirement of a judge must be approved by the Georgia Supreme Court.
- By an impeachment of the judge by the Georgia House of Representatives and a conviction by a two-thirds vote of the members of the Georgia State Senate.[9]
History of the court[edit]
In 1858, the Georgia legislature passed an act "decreeing that the decisions of the 13-year-old court had the force of law."[10] The first session of the court was held in Talbotton, Georgia on January 26, 1846. Three judges were chosen by the General Assembly, and were paid $2,500 per year. The men were Joseph Henry Lumpkin of Athens, Eugenius A. Nisbet of Macon, and Hiram Warner of Greenville. There were eleven superior court circuits, and the Supreme Court traveled to those courts. The Constitution of Georgia was amended in 1896 to allow for an additional three justices and provided the direct election of justices by the people. In 1945, the Constitution was amended to include a seventh justice.[11]
The Georgia General Assembly passed a bill in March 2016 to expand the number of justices from seven to nine.[12] Governor Nathan Deal signed the bill on May 3.[13] In November 2016, Gov. Nathan Deal (R) appointed Georgia Solicitor General Britt Grant and Georgia Court of Appeals Judge Nels Peterson to these two expansion seats.[14] They took the bench on January 1, 2017.
Notable firsts[edit]
- Former Chief Justice Leah Ward Sears became the first woman and the youngest person ever to serve on Georgia's Supreme Court in 1992 when she was first appointed by then-governor Zell Miller. Justice Sears was also the first African-American female Chief Justice on a state supreme court in the United States.[15]
- Joseph Henry Lumpkin was the first Chief Justice of the Georgia Supreme Court.
Courts in Georgia[edit]
- See also: Courts in Georgia
In addition to the federal courts in Georgia, there are two types of appellate courts, one general jurisdiction trial court, and six limited jurisdiction trial courts. Their infrastructure and relationship are illustrated in the flow chart below.
Party control of Georgia state government[edit]
A state government trifecta is a term that describes single-party government, when one political party holds the governor's office and has majorities in both chambers of the legislature in a state government. A state supreme court plays a role in the checks and balances system of a state government.
Georgia has a Republican trifecta. The Republican Party controls the office of governor and both chambers of the state legislature.
See also[edit]
External links[edit]
- Georgia Supreme Court Official Site
- Georgia Supreme Court Blog
- Georgia judicial qualifications commission
Footnotes[edit]
- ↑ Georgia Supreme Court Official Site, "Home," accessed September 10, 2021
- ↑ 2.0 2.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ 3.0 3.1 3.2 3.3 American Judicature Society, "Methods of Judicial Selection: Georgia," archived October 2, 2014
- ↑ American Judicature Society, "Methods of Judicial Selection: Georgia; Judicial Nominating Commissions," archived October 2, 2014
- ↑ An Indeterminate score indicates that there is either not enough information about the justice’s partisan affiliations or that our research found conflicting partisan affiliations.
- ↑ The Court Balance Score is calculated by finding the average partisan Confidence Score of all justices on a state supreme court. For example, if a state has justices on the state supreme court with Confidence Scores of 4, -2, 2, 14, -2, 3, and 4, the Court Balance is the average of those scores: 3.3. Therefore, the Confidence Score on the court is Mild Republican. The use of positive and negative numbers in presenting both Confidence Scores and Court Balance Scores should not be understood to that either a Republican or Democratic score is positive or negative. The numerical values represent their distance from zero, not whether one score is better or worse than another.
- ↑ Stanford University, "State Supreme Court Ideology and 'New Style' Judicial Campaigns," October 31, 2012
- ↑ Judicial Council of Georgia: Administrative Office of the Courts, "Georgia Code of Judicial Conduct," accessed September 10, 2021
- ↑ National Center For State Courts, "Methods of Judicial Selection: Removal of Judges," accessed May 9, 2015
- ↑ "[F]rom and after the passage of this act the decisions of the Supreme Court of this State...shall not be reversed, overruled or changed; but the same is hereby declared to be, and shall be considered, regarded and observed by all the Courts of this State, as the law of this State, when it has not been changed by legislative enactment, as fully, and to have the same effect, as if the same had been enacted in terms by the General Assembly. Acts of 1858, pp. 74-75.
- ↑ Cite error: Invalid
<ref>tag; no text was provided for refs namedhistory - ↑ Georgia General Assembly, "House Bill 927," accessed March 24, 2016
- ↑ The Florida Times-Union, "Georgia governor OK's bill expanding state Supreme Court by 2," May 4, 2016
- ↑ Daily Report, "Deal Appoints Five New Appellate Judges," November 9, 2016
- ↑ ABC News, "Leah Ward Sears, African-American Woman, on Obama's Short List for High Court," April 12, 2010
Federal courts:
Eleventh Circuit Court of Appeals • U.S. District Court: Middle District of Georgia, Northern District of Georgia, Southern District of Georgia • U.S. Bankruptcy Court: Middle District of Georgia, Northern District of Georgia, Southern District of Georgia
State courts:
Georgia Supreme Court • Georgia Court of Appeals • Georgia Superior Courts • Georgia State Courts • Georgia Business Court • Georgia Juvenile Courts • Georgia Probate Courts • Georgia Magistrate Courts • Georgia Municipal Courts
State resources:
Courts in Georgia • Georgia judicial elections • Judicial selection in Georgia
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