By: Randy Evans
Ever wonder how judges get to be and stay judges in Georgia?
As to the first, there are two ways to become a judge in Georgia. First, get elected. Second, get appointed and then re-elected.
Getting elected is pretty straightforward. Georgia elects its judges. Anyone meeting the legal requirements for a judgeship can qualify with the Secretary of State during the qualifying period and appear on the ballot.
Getting appointed is more complicated, but the process is no less open and transparent. Under Georgia’s constitution, the governor appoints judges when a vacancy opens. Vacancies come about in three ways: death/incapacity, removal or resignation.
Georgia judicial elections are nonpartisan elections held on Primary Election Day (as opposed to the General Election). Appellate judges serve six-year terms. Other judges serve four-year terms.
In 2014, voters will elect three Supreme Court justices and a variety of other state and local judges. With a few exceptions, Georgia voters typically re-elect incumbent judges absent a scandal, investigation or removal. On the other hand, Georgians have the final say and anyone meeting the legal qualifications who wants to challenge an incumbent judge or run for a vacancy may do so.
Some judges resign to avoid the possibility of removal by the Judicial Qualifications Commission (the “JQC”) — the commission charged with policing judicial conduct. (Indeed, in recent years, the JQC has been quite active in making sure that judges who cross the line are held accountable.)
The JQC is a constitutional commission comprised of members appointed by the governor, the Supreme Court and the State Bar of Georgia. It investigates complaints from citizens about judges. Its members and the procedures can be found at www.gajqc.com.
Yet, more often than not, judges resign because they have reached the point where they want to retire or return to private practice. Because of the disparity between what judges can make in the private sector and what they are paid as judges, Georgia loses some of its very best judges every year.
To resign, judges must send their written resignation to the governor and he must accept it. When that happens, the governor sends notice of the vacancy to a different commission — the Judicial Nominating Commission (“JNC”).
The JNC is a commission created by an executive order of the governor to evaluate and recommend candidates for the governor to consider. Gov. Nathan Deal appointed a widely diverse group of attorneys from all areas of Georgia to serve on the JNC. It includes Democrats and Republicans; prosecutors and criminal defense attorneys; plaintiffs’ attorneys and defense attorneys; and big firm lawyers and small-town counselors. (Its members and procedures can be found at http://jnc.georgia.gov.)
Once the JNC receives notice from the governor, the vacancy is posted on the JNC website and opened up for applications. Anyone meeting the legal requirements for a judgeship can apply. There are no pre-conditions nor litmus tests.
Once an application is received, the process moves to the interview phase. If the JNC receives an inordinate number of applications, a subcommittee screens the applications and selects the top 10 to 15 applicants to be interviewed. If not, then the full JNC interviews all applicants. Typically, the interviews last for approximately 10 minutes.
In addition to the interview itself, various groups make presentations to the JNC evaluating the applicants. These groups include the State Bar of Georgia, the Georgia Association of Women Lawyers, the Republican National Lawyers Association and many others. Any group may make a presentation to the JNC.
Individual citizens often also send in letters and comments about folks they know. The JNC accepts all information from any source. Finally, individual commission members also reach out to specific communities and counties to get feedback and input.
After the interviews, the JNC deliberates and comes up with a “short list,” typically around three names, for consideration by Gov. Deal. Some lists are longer. For example, for a vacancy on the Georgia Court of Appeals, the JNC sent over six names. For other positions, the JNC has sent over as few as two names.
From there, Gov. Deal personally interviews each person whose name appears on the short list. This interview is an opportunity for the governor to personally assess the applicants.
Gov. Deal then makes an appointment and the new judge begins service upon being sworn in. Appointed judges can then qualify for re-election as an incumbent when their appointed term expires.
Georgia’s process for selecting and policing judges is an important opportunity for people to participate in deciding who will serve in Georgia’s judiciary. Anyone who wants to be a judge should take a look at the legal qualifications and, if interested, apply. More importantly, any Georgian who wants to weigh in on an opening or applicant need only send their thoughts, opinions and comments to any member of the JNC.
Similarly, anyone concerned about a judge should reach out to the JQC to let their concerns be known. After all, Georgia’s judiciary selection process depends on the participation of lots of good people all doing their job as part of the process.