Georgia Supreme Court
Georgia Supreme Court |
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Court Information |
Justices: 9 |
Founded: 1845 |
Location: Atlanta |
Salary |
Associates: $189,112[1] |
Judicial Selection |
Method: Nonpartisan election |
Term: 6 years |
Active justices |
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 Michael P. Boggs.
As of July 2022, 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. There are 13 states that use this selection method. To read more about the nonpartisan election of judges, click here.
Jurisdiction
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.[2]
The court must review all death penalty cases and all questions certified to the court by the state court of appeals or the federal courts. The court is required to render a decision within two terms of hearing or receiving a case.[3]
The supreme court is in charge of setting standards for admission of attorneys into the state bar and determining attorney fitness for remaining in practice through the Office of Bar Admissions. The chief justice has also hosted a Commission on Professionalism since 1989 to ensure "that the practice of law remains a high calling, enlisted in the service not only of the client, but the public good as well."[4] The commission is the first of its kind in the country.
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. [5] |
” |
—Georgia Constitution, Article IV, Section 6 |
Justices
The table below lists the current judges of the Georgia Supreme Court, their political party, and when they assumed office.
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Office | Name | Party | Date assumed office |
---|---|---|---|
Georgia Supreme Court | Charlie Bethel | Nonpartisan | October 2, 2018 |
Georgia Supreme Court | Michael P. Boggs | Nonpartisan | January 1, 2017 |
Georgia Supreme Court | Verda Colvin | Nonpartisan | July 29, 2021 |
Georgia Supreme Court | John Ellington | Nonpartisan | December 18, 2018 |
Georgia Supreme Court | Shawn Ellen LaGrua | Nonpartisan | January 19, 2021 |
Georgia Supreme Court | Carla W. McMillian | Nonpartisan | April 10, 2020 |
Georgia Supreme Court | Nels Peterson | Nonpartisan | January 1, 2017 |
Georgia Supreme Court | Andrew Pinson | Nonpartisan | July 20, 2022 |
Georgia Supreme Court | Sarah Warren | Nonpartisan | September 17, 2018 |
Judicial selection
- 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.[6]
Qualifications
To serve on this court, a judge must be:
Chief justice
The chief justice is selected by peer vote and serves in that capacity for four years.[6]
Vacancies
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. As of March 2023, the judicial nominating commission consisted of 35 members, each appointed by the governor. For each court vacancy, the commission recommends candidates, but the governor is not bound to the commission's choices and may choose to appoint a judge not found on the list.[7] 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.[6][8][9]
The map below highlights how vacancies are filled in state supreme courts across the country.
Elections
- See also: Georgia Supreme Court elections
2024
- See also: Georgia Supreme Court elections, 2024
The terms of four Georgia Supreme Court justices will expire on December 31, 2024. The four seats were up for nonpartisan election on May 21, 2024. The filing deadline was March 8, 2024.
Candidates and results
John Ellington's seat
General election
General election for Georgia Supreme Court
Incumbent John Ellington won election in the general election for Georgia Supreme Court on May 21, 2024.
Candidate | % | Votes | ||
✔ | John Ellington (Nonpartisan) | 100.0 | 1,059,108 |
Total votes: 1,059,108 | ||||
= candidate completed the Ballotpedia Candidate Connection survey. | ||||
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Nels Peterson's seat
General election
General election for Georgia Supreme Court
Incumbent Nels Peterson won election in the general election for Georgia Supreme Court on May 21, 2024.
Candidate | % | Votes | ||
✔ | Nels Peterson (Nonpartisan) | 100.0 | 1,049,781 |
Total votes: 1,049,781 | ||||
= candidate completed the Ballotpedia Candidate Connection survey. | ||||
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Andrew Pinson's seat
General election
General election for Georgia Supreme Court
Incumbent Andrew Pinson defeated John Barrow in the general election for Georgia Supreme Court on May 21, 2024.
Candidate | % | Votes | ||
✔ | Andrew Pinson (Nonpartisan) | 55.0 | 644,781 | |
John Barrow (Nonpartisan) | 45.0 | 528,468 |
Total votes: 1,173,249 | ||||
= candidate completed the Ballotpedia Candidate Connection survey. | ||||
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Michael P. Boggs' seat
General election
General election for Georgia Supreme Court
Incumbent Michael P. Boggs won election in the general election for Georgia Supreme Court on May 21, 2024.
Candidate | % | Votes | ||
✔ | Michael P. Boggs (Nonpartisan) | 100.0 | 1,058,570 |
Total votes: 1,058,570 | ||||
= candidate completed the Ballotpedia Candidate Connection survey. | ||||
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2022
- See also: Georgia Supreme Court elections, 2022
The terms of four Georgia Supreme Court justices expired on December 31, 2022. The four seats were up for nonpartisan election on May 24, 2022.
Candidates and election results
Colvin's seat
General election
Special general election for Georgia Supreme Court
Incumbent Verda Colvin defeated Veronica Brinson in the special general election for Georgia Supreme Court on May 24, 2022.
Candidate | % | Votes | ||
✔ | Verda Colvin (Nonpartisan) | 68.3 | 1,168,175 | |
Veronica Brinson (Nonpartisan) | 31.7 | 541,628 |
Total votes: 1,709,803 | ||||
= candidate completed the Ballotpedia Candidate Connection survey. | ||||
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LaGrua's seat
General election
General election for Georgia Supreme Court
Incumbent Shawn Ellen LaGrua won election in the general election for Georgia Supreme Court on May 24, 2022.
Candidate | % | Votes | ||
✔ | Shawn Ellen LaGrua (Nonpartisan) | 100.0 | 1,623,542 |
Total votes: 1,623,542 | ||||
= candidate completed the Ballotpedia Candidate Connection survey. | ||||
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McMillian's seat
General election
General election for Georgia Supreme Court
Incumbent Carla W. McMillian won election in the general election for Georgia Supreme Court on May 24, 2022.
Candidate | % | Votes | ||
✔ | Carla W. McMillian (Nonpartisan) | 100.0 | 1,626,408 |
Total votes: 1,626,408 | ||||
= candidate completed the Ballotpedia Candidate Connection survey. | ||||
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2020
- 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.
Candidates and election results
Bethel's seat
General election
General election for Georgia Supreme Court
Incumbent Charlie Bethel defeated Beth Beskin in the general election for Georgia Supreme Court on June 9, 2020.
Candidate | % | Votes | ||
✔ | Charlie Bethel (Nonpartisan) | 52.2 | 1,098,264 | |
Beth Beskin (Nonpartisan) | 47.8 | 1,006,065 |
Total votes: 2,104,329 | ||||
= candidate completed the Ballotpedia Candidate Connection survey. | ||||
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Warren's seat
General election
General election for Georgia Supreme Court
Incumbent Sarah Warren defeated Hal Moroz in the general election for Georgia Supreme Court on June 9, 2020.
Candidate | % | Votes | ||
✔ | Sarah Warren (Nonpartisan) | 78.7 | 1,652,532 | |
Hal Moroz (Nonpartisan) | 21.3 | 446,026 |
Total votes: 2,098,558 | ||||
= candidate completed the Ballotpedia Candidate Connection survey. | ||||
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2018
- 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.
Candidates and results
Melton seat
■ Harold Melton (i)
Hunstein vacancy
Boggs seat
■ Michael P. Boggs (i)
Peterson seat
■ Nels Peterson (i)
Grant seat
■ Britt Grant (i)
Justices not on the ballot
2016
Candidates
■ David Nahmias (Incumbent/Unopposed)
Results
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
Unopposed | Judge Harris Hines (Hines) |
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Unopposed | Judge Keith Blackwell (Blackwell) |
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Unopposed | Judge Robert Benham (Benham) |
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- Click here for 2014 General Election Results from the Georgia Secretary of State.
Caseloads
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 2024, data from 2014 to 2017 and 2020 to 2023 was not available.
Georgia Supreme Court caseload data | ||
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Year | Filings | Dispositions |
2023 | N/A | N/A |
2022 | N/A | N/A |
2021 | N/A | N/A |
2020 | N/A | N/A |
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 |
Noteworthy cases
The following are noteworthy cases heard before the Georgia Supreme Court. For a full list of opinions published by the court, click here. Know of a case we should cover here? Let us know by emailing us.
Before the U.S. Supreme Court
This section focuses on cases the U.S. Supreme Court heard that originated in this court. To suggest cases we should cover here, email us.
2023-2024 term
The following cases were scheduled for argument before the U.S. Supreme Court during the 2023-2024 term.
2023-2024 U.S. Supreme Court cases | |||
---|---|---|---|
Case | Opinion author | Decision | Vote |
McElrath v. Georgia | Ketanji Brown Jackson | reversed and remanded | 9-0 |
Analysis
Ballotpedia Courts: Determiners and Dissenters (2021)
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
- 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)
- 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[10]
- 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.[11]
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)
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.[12]
History of the court
For a period after the American Revolution, Georgia became the only state that did not have a supreme court reviewing decisions by trial courts. In that period, from 1775 to 1846, decisions rendered by the state's trial courts were characterized by a lacked uniformity, partially because the state's general assembly repealed procedures for judges of superior courts to confer and resolve conflicts about the law. The only way to correct a judicial error was to have a new trial with a new jury in the local court. Following urging from governors starting in the 1820s and going to the 1840s, a bill implementing Georgia's supreme court finally passed in 1846, after it had been amended into the constitution in 1835. The first three justices, Joseph Henry Lumpkin of Athens, Eugenius A. Nisbet of Macon, and Hiram Warner of Greenville, were appointed by the state general assembly.[13]
The state was divided into eleven superior court circuits and supreme court justices "rode circuit" to resolve cases throughout the year. The travel was at the justices' own expense and largely not covered by railroad. Justices handed decisions down orally, later writing them down. This system persisted until just after the Civil War, when an 1865 constitutional amendment required that justices sit at the seat of government.[14]
The supreme court was strengthened in 1858 when the state legislature passed an act providing that decisions of the supreme court have the force of law. An 1896 constitutional amendment increased the size of the court from three to six justices and provided for popular elections. In 1945 the number of justices was raised to seven. Georgia's 1983 constitution raised the number of justices to nine, which was implemented in 2017, and it remains so today.[15]
Notable firsts
- 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.[16]
- Joseph Henry Lumpkin was the first Chief Justice of the Georgia Supreme Court.
Courts in Georgia
- See also: Courts in Georgia
In Georgia, there are three federal district courts, a state supreme court, a state court of appeals, and trial courts with both general and limited jurisdiction. These courts serve different purposes.
The image below depicts the flow of cases through Georgia's state court system. Cases typically originate in the trial courts and can be appealed to courts higher up in the system.
Party control of Georgia state government
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
External links
- Georgia Supreme Court Official Site
- Georgia Supreme Court Blog
- Georgia judicial qualifications commission
Footnotes
- ↑ The salary of the chief justice may be higher than an associate justice.
- ↑ Georgia Supreme Court Official Site, "Home," accessed September 10, 2021
- ↑ New Georgia Encyclopedia,"Supreme Court of Georgia," accessed June 13, 2024
- ↑ Supreme Court of Georgia,"The Supreme Court of Georgia History," accessed June 13, 2024
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ 6.0 6.1 6.2 6.3 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
- ↑ Governor Brian Kemp, "Executive Order," accessed March 29, 2023
- ↑ Governor Brian Kemp, "Gov. Kemp Names 35 to Judicial Nominating Commission," October 27, 2021
- ↑ 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
- ↑ Supreme Court of Georgia,"The Supreme Court of Georgia History," accessed June 13, 2024
- ↑ Supreme Court of Georgia,"The Supreme Court of Georgia History," accessed June 13, 2024
- ↑ Supreme Court of Georgia,"The Supreme Court of Georgia History," accessed June 13, 2024
- ↑ 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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