ATLANTA (Legal Newsline) – Georgia’s governor can pick his own justice for a spot on the state Supreme Court because of a well-timed resignation by the outgoing jurist.
The Georgia Supreme Court decided May 14 to cancel June’s election for the seat currently held by Justice Keith Blackwell, whose term ends on Dec. 31. But he has already submitted his resignation, effective on Nov. 18.
Republican Gov. Brian Kemp can now pick a replacement rather than let the public choose from Blackwell, Elizabeth Beskin and John Barrow. The appointment will serve for two years until an election in 2022.
“(W)hen an incumbent justice vacates office, any election to fill the next term of that justice’s office becomes nugatory, as there will be no such term of office for the candidate who wins the election to serve,” the opinion says.
“Such elections are routinely not held, although we often do not even realize that has happened.”
The decision was made by a panel of lower court judges appointed to hear the case, as the Supreme Court justices recused themselves.
Those judges ruled the secretary of state can’t be compelled to hold an election if a vacancy will “inevitably” occur before the term is completed.
“As is true of all judicial selection procedures, there are reasonable arguments against Georgia’s system, but also good arguments for it,” the opinion says.
“Those policy arguments are beside the point, however, with regard to how these cases should be decided, because that debate was resolved by the people of Georgia when they ratified their Constitution with this new system in 1983.”
Two judges disagreed, with Brenda Holbert Trammell filing a dissent. She noted that the resignation would be effective after the election.
“For the first time since the enactment of this constitutional provision, the majority is ruling that the appointment power of the Governor trumps the voting power of the public,” she wrote.
“Let me be clear. This ruling means that even were the election to go forward and a winner be declared, the appointee defeats the electee.”