Georgia judicial elections, 2014

Georgia's notable results

Many judicial elections are decided by the filing deadline, especially when a candidate runs unopposed, as Georgia incumbents often do. We've put together a selection of brief notable races that involved a bit more of a battle during the campaign, and some races that remain undecided as they head to a runoff.

The retirement of Judge Frank D. Horkan left an open seat right before the election and offered a ripe opportunity for three candidates to compete for the judgeship. Georgia's Southern Judicial Circuit is composed of five counties. Candidate Brian McDaniel was able to win majorities in four of them to win the election outright, without needing a runoff.^[9] In Georgia, a candidate must carry at least a simple majority (50 percent plus one vote) to win an election. McDaniel received 50.21 percent of the circuit, barely escaping a runoff with second-place Vernita L. Bender. 16,890 votes were cast in the election, 8,480 of which were for McDaniel, meaning McDaniel won by only 70 votes.^[9][10]

Meng Lim led a four-candidate pack running for the Tallapoosa Judicial Circuit, but it wasn't enough to escape a runoff. He pulled in just shy of 36 percent of the vote, far short of the simple majority needed to make the race decisive. Lim faced Charles Morris in a runoff during the November general election. Morris claimed just over 28 percent of the vote, earning him second place and a spot in the runoff. Two other contenders, who were eliminated, Vicky Robinson Atkins and Andrew B. Roper, won a combined 36.4 percent of the vote, leaving a decisive number of votes up for grabs in the runoff that could go either way.^[9]

Judicial candidate cries foul over absentee ballot

Adam S. Poppell, III, of Georgia's McIntosh County State Court, accused his opponent, sitting Judge C. Jean Bolin, of election law violations. Poppell made a formal request for a warrant against Bolin and a woman working on her campaign, Donna R. Caldwell.^[11][12]

Specifically, Poppell claimed in his letter requesting a warrant that Bolin and Caldwell went to the home of Effie Young with an absentee ballot, and Caldwell allegedly assisted her with completing her ballot. However, Caldwell failed to note on the ballot that she had provided assistance, as required under state law. After the ballot was completed, Caldwell allegedly sealed it, without showing the contents to Young.^[11][12] Poppell claimed, Young "repeatedly told Ms. Caldwell that she wished to vote for me."^[11] The information regarding the activities of Bolin and Caldwell was discovered by Poppell’s mother after she called Young to see if she had voted. Young had been ill and requested an absentee ballot. Poppell reported the incident to the McIntosh County Board of Elections, who looked into the matter and then voided Young’s ballot.^[12]

Bolin was appointed to the bench by Governor Nathan Deal in 2013, after the retirement of Dale Jenkins. This was the first time she had run for re-election. According to an article in the Florida Times Union, Poppell had hoped to be appointed to the position instead.^[12]

Appointed judges draw challengers in Georgia

Georgia, as in most states, uses a method of judicial appointment when a judge retires or resigns between election years.^[13] In the 2014 election cycle, several challengers stepped into the judicial races, stating that the appointed judges did not represent their communities. Fulton Superior Court Judge Thomas R Campbell, Jr. was one such appointee who drew a challenge from Thomas A. Cox, Jr., a local litigator.^[14]

Cox said he entered the race because there was need for greater diversity on the bench in Fulton County. He stated that it was "not surprising" some perceive "fairness or equal treatment" were undermined, because such a large proportion of superior court judges were appointed in Georgia.^[14] He cited concerns that the community had not played a role in selecting the judges, and said that this caused some to question the fairness of the process.^[14]

Campbell was appointed in 2004 by Governor Sonny Perdue. He had not drawn a challenger until now. Previously, Campbell served in the Georgia House of Representatives, from which Governor Perdue drew him to the bench.^[14] He said that his career goal since law school was to become a superior court judge.^[14]

Tallapoosa judge race draws multiple candidates

The retirement of Judge Richard C. Sutton sparked a four-way contest for his soon-to-be-vacant seat. Sutton, who had served on the Tallapoosa Judicial Circuit for over 14 years, retired on the eve of his fifteenth year on the court. Sutton had been the only judge to hold the seat since the position was created in 2000. He was a private practice attorney for 32 years prior to his appointment.^[15] His possible replacements came from a variety of judicial, public and private law backgrounds. Each contender had experience in both the public and private practice of law, in some capacity.

Candidates qualifying to run included:

• Andrew B. Roper, who serves as a municipal court judge in Cedartown, Georgia. He also owns his own law firm in Cedartown.^[16]

• Vickey Robinson Atkins boasts a similar background. She's an attorney in private practice, as well as a municipal court judge in Rockmart, Georgia.^[17]

• Charles Morris, a juvenile court judge for both Polk and Haralson counties, also has his own private law practice.^[18]

• The fourth candidate, Meng H. Lim, who ultimately won the race, was an experienced private attorney prior to the election, and he also served as the county attorney in Haralson County.^[19]

Judge retires, three contend for open seat in 2014

Several large nonpartisan races were on the ballot in Georgia in 2014, but ranking high on the list was the contest for Judge James Bodiford's seat on the Cobb Judicial Circuit. Bodiford announced he would not be seeking re-election in 2014.^[20] The Seventh District judge had held the post for a solid 20 years, first taking office in 1994.^[21] Bodiford was a judge who maintained strong popular support. He won his most recent election (2010) with nearly 75 percent of the vote, against former challenger Normarene Culver Merritt.^[22] Bodiford stated that he announced his retirement to give potential candidates enough time to prepare their campaigns.^[20] With Bodiford bowing out, three candidates filed to run for the open seat, making it the most contested race of Georgia's nonpartisan superior court elections for 2014. The three qualified candidates were:

• Ann Harris, the winner of the election, previously held Cobb County's senior post as assistant district attorney. She tried rape, murder, human trafficking and armed robbery cases, among other serious cases in her career.^[23]

• Juanita Pierson Stedman also filed to run for the same office. Stedman is a juvenile court judge in Cobb County, Georgia. She also has experience as a special education teacher, law clerk and owner of a private law practice. Stedman is running as a "proven conservative", according to her website statement.^[24]

• Nathan J. Wade is an attorney in the Cobb county area, and he has experience on the bench as an associate judge for the Municipal Court of Marietta, Georgia, and as a pro hac judge on the State Court of Cobb County. Wade has also served as Special Assistant Attorney General.^[25]

Delayed judicial race turns competitive as contenders enter the race

Georgia holds nonpartisan judicial elections in even-numbered years. In its judicial determination contests, each candidate faces off in an all-versus-all race. A maximum of two winners go to a runoff, if no candidate wins by a simple majority. In the Conasauga Judicial Circuit, three contenders filed to run in the May 20 election. Incumbent Judge David Blevins was appointed by Governor Nathan Deal to complete the unexpired term of former Judge Robert Adams, whose term was set to expire in 2012.

Georgia election laws state that an appointee must face re-election in the next general election held at "least six months" after their appointment. Blevins' appointment fell within the narrow six-month window of the 2012 general election, thereby delaying the circuit's election until the 2014 general election.^[26] Entering the race to challenge Blevins was Scott Helton, an assistant district attorney, and Jim Wilbanks, a municipal court judge in Dalton, Georgia. The last judicial election for Adams' seat was in 2008, when Adams sought and won re-election. Therefore, the voters in the district had not had the opportunity to vote in six years.

Wilbanks, the winner of the election, had experience as a municipal court judge, and had served as a pro tem judge on more than one occasion for the Georgia superior court system. Helton was a law clerk for the Conasauga circuit courts early in his career. Blevins was a private practice attorney before his 2012 appointment and has characterized himself as "generally conservative", despite the fact that Georgia's judicial elections are nonpartisan.^[27] Wilbanks announced his previous desire to run in 2012, but was denied the opportunity through the timing of Adams' retirement.

Paulding Superior Court election canceled amid investigation

The Paulding Judicial Circuit in Georgia's Seventh Superior Court District ended up with no candidates on the ballot for the judicial election in 2014.

Elizabeth Osborne Williams originally entered the race for the Seventh Superior Court District seat as a challenger to her father, incumbent Judge James R. Osborne. Osborne, who originally filed for candidacy on the first day of filing, withdrew his candidacy on March 10, 2014, and announced his intent to retire at the end of his term.^[28] Williams was the only candidate that filed for election to replace Osborne, and she filed on the March 7 deadline.

Some critics claimed that Judge Obsborne qualified to run only to discourage challengers from filing against his daughter.^[28][29][30] Government agencies charged with election oversight opened investigations into the circumstances. The Judicial Qualifications Commissions of Georgia, a commission with oversight authority pertaining to qualifications, conduct, and ethics of Georgia judges and judicial candidates, agreed not to pursue ethics charges if both Williams and Osborne withdrew their candidacy. Shortly thereafter, Williams withdrew. In a TV interview, Osborne denied any scheme or wrongdoing.^[29]

Filing deadline passes, competitive races start to emerge

Georgia's Brunswick Judicial Circuit emerged early as a competitive judicial race for 2014, where two candidates announced their intent to run. Both candidates were experienced in election politics, and both had competed with each other indirectly for the very same position. Experienced challenger Mary Helen Moses, who ran and lost against the former incumbent judge in 2010, faced incumbent Roger B. Lane, who was appointed to fill the position by Governor Nathan Deal when the elected judge resigned. Lane is a former Georgia state representative, and was appointed mid-term to replace Amanda F. Williams, who was facing discipline from the Judicial Qualifications Commission.^[31]