Georgia Supreme Court

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Georgia Supreme Court
State-Supreme-Courts-Ballotpedia-template.png
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:

  • a resident of Georgia; and
  • admitted to practice law for at least seven years.[6]

Chief justice

The chief justice is selected by peer vote and serves in that capacity for four years.[6]

Vacancies

See also: How vacancies are filled in state supreme courts

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
Image of John Ellington
John Ellington (Nonpartisan)
 
100.0
 
1,059,108

Total votes: 1,059,108
Candidate Connection = 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
Image of Nels Peterson
Nels Peterson (Nonpartisan)
 
100.0
 
1,049,781

Total votes: 1,049,781
Candidate Connection = 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
Image of Andrew Pinson
Andrew Pinson (Nonpartisan)
 
55.0
 
644,781
Image of John Barrow
John Barrow (Nonpartisan) Candidate Connection
 
45.0
 
528,468

Total votes: 1,173,249
Candidate Connection = 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
Image of Michael P. Boggs
Michael P. Boggs (Nonpartisan)
 
100.0
 
1,058,570

Total votes: 1,058,570
Candidate Connection = 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
Image of Verda Colvin
Verda Colvin (Nonpartisan)
 
68.3
 
1,168,175
Silhouette Placeholder Image.png
Veronica Brinson (Nonpartisan)
 
31.7
 
541,628

Total votes: 1,709,803
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete 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
Image of Shawn Ellen LaGrua
Shawn Ellen LaGrua (Nonpartisan)
 
100.0
 
1,623,542

Total votes: 1,623,542
Candidate Connection = 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
Image of Carla W. McMillian
Carla W. McMillian (Nonpartisan)
 
100.0
 
1,626,408

Total votes: 1,626,408
Candidate Connection = 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
Image of Charlie Bethel
Charlie Bethel (Nonpartisan)
 
52.2
 
1,098,264
Image of Beth Beskin
Beth Beskin (Nonpartisan)
 
47.8
 
1,006,065

Total votes: 2,104,329
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.

Do you want a spreadsheet of this type of data? Contact our sales team.

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
Image of Sarah Warren
Sarah Warren (Nonpartisan)
 
78.7
 
1,652,532
Image of Hal Moroz
Hal Moroz (Nonpartisan) Candidate Connection
 
21.3
 
446,026

Total votes: 2,098,558
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.

Do you want a spreadsheet of this type of data? Contact our sales team.


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) Green check mark transparent.png

Hunstein vacancy

John Ellington Green check mark transparent.png

Boggs seat

Michael P. Boggs (i) Green check mark transparent.png

Peterson seat

Nels Peterson (i) Green check mark transparent.png

Grant seat

Britt Grant (i) Green check mark transparent.png

Justices not on the ballot

2016

Candidates

David NahmiasGreen check mark transparent.png (Incumbent/Unopposed)

Results

Georgia Supreme Court, David Nahmias' Seat, 2016
Candidate Vote % Votes
Green check mark transparent.png 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)
Unopposed  Judge Keith Blackwell (Blackwell)
Unopposed  Judge Robert Benham (Benham)
  • 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
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

See also: Supreme Court cases, October term 2023-2024

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)

See also: Ballotpedia Courts: Determiners and Dissenters

Ballotpedia Courts Determiners and Dissenters navigation ad.png 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

Ballotpedia Courts State Partisanship navigation ad.png 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.

SSC by state.png


Bonica and Woodruff campaign finance scores (2012)

See also: Bonica and Woodruff campaign finance scores of state supreme court justices, 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.

The structure of Georgia's state court 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

Georgia Judicial Selection More Courts
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Courts in Georgia
Georgia Court of Appeals
Georgia Supreme Court
Elections: 20242023202220212020201920182017
Gubernatorial appointments
Judicial selection in Georgia
Federal courts
State courts
Local courts

External links

Footnotes

  1. The salary of the chief justice may be higher than an associate justice.
  2. Georgia Supreme Court Official Site, "Home," accessed September 10, 2021
  3. New Georgia Encyclopedia,"Supreme Court of Georgia," accessed June 13, 2024
  4. Supreme Court of Georgia,"The Supreme Court of Georgia History," accessed June 13, 2024
  5. Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  6. 6.0 6.1 6.2 6.3 American Judicature Society, "Methods of Judicial Selection: Georgia," archived October 2, 2014
  7. American Judicature Society, "Methods of Judicial Selection: Georgia; Judicial Nominating Commissions," archived October 2, 2014
  8. Governor Brian Kemp, "Executive Order," accessed March 29, 2023
  9. Governor Brian Kemp, "Gov. Kemp Names 35 to Judicial Nominating Commission," October 27, 2021
  10. 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.
  11. 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.
  12. Stanford University, "State Supreme Court Ideology and 'New Style' Judicial Campaigns," October 31, 2012
  13. Supreme Court of Georgia,"The Supreme Court of Georgia History," accessed June 13, 2024
  14. Supreme Court of Georgia,"The Supreme Court of Georgia History," accessed June 13, 2024
  15. Supreme Court of Georgia,"The Supreme Court of Georgia History," accessed June 13, 2024
  16. ABC News, "Leah Ward Sears, African-American Woman, on Obama's Short List for High Court," April 12, 2010