By: J. Randolph Evans
Ever wonder how judges get to be judges in Georgia?
Well, in Georgia, there are two ways to get to be a judge. First, get elected. Second, get appointed.
Getting elected is pretty straightforward. Georgia elects its judges. Anyone who meets the legal requirements for being a judge can qualify with the Georgia Secretary of State during the qualifying period and appear on the ballot. It is a non-partisan election.
Next July (during primary voting for other elected offices), voters will elect at least three Georgia Supreme Court justices, and a variety of other state and local judges. Admittedly, incumbents do have an enormous advantage in judicial elections. On the other hand, Georgians do have the final say and anyone who wants to challenge an incumbent judge or run for a vacancy may do so.
Getting appointed is a little more complicated, but no less open and transparent. Under Georgia’s constitution, the governor appoints judges if a vacancy occurs. There are three ways that vacancies happen – through death/incapacity; removal; or resignation.
Of course, some resignations occur when judges want to avoid the possibility of removal by the Judicial Qualifications Commission. Indeed, in recent years, the Judicial Qualifications Commission has made clear that judges who cross the line will be held accountable.
Yet, more often than not, judges resign because they have reached the point where they want to retire or return to private practice. The difference between what judges can make in the private sector and what they are paid as judges is devastating. Georgia loses some of its best judges every year for this reason.
To resign, judges must send their resignation to the governor and he must accept it. The governor then sends the vacancy over to the Judicial Nominating Commission – not the same as the Judicial Qualifications Commission.
The Judicial Nominating Commission is created by Executive Order to evaluate and recommend candidates for the governor’s consideration. When he took office, Governor Nathan Deal appointed Democrats and Republicans; prosecutors and criminal defense attorneys; plaintiffs’ attorneys and defense attorneys; and big firm lawyers and small town counselors to serve on this commission.
Once the Judicial Nominating Commission receives notice, the vacancy is opened up for applications. Anyone meeting the legal requirements for a judgeship may apply. There are no pre-conditions or litmus tests. Application is open to everyone.
The actual application is available on the Judicial Nominating Commission’s website (jnc.georgia.gov) along with all of the procedures for applying to become a judge. Admittedly, the application is long and detailed. It requires applicants to provide an enormous amount of information including anything that might be of concern to Georgians.
Once the applications are received, the process moves to the interview phase. Basically, applicants come in and appear for an interview. Typically, the interviews last for ten to fifteen minutes.
In addition to the interview itself, various groups make presentations to the Judicial Nominating Commission about the applicants. These groups include the State Bar of Georgia, the Georgia Association of Women Lawyers, and others. The information these groups provide is extremely helpful.
Finally, individual citizens send in letters and comments about applicants they know. All information is welcomed from whatever source. Individual commission members also reach out into individual communities and counties to get feedback and input.
After the interviews, the Commission deliberates and draws up a ‘short list’ for consideration by Governor Deal. Some lists are longer. For example, for a vacancy on the Georgia Court of Appeals, the Judicial Nominating Commission sent over six names. For other positions, the Commission has sent over as few as two names.
From there, Governor Deal actually interviews the people who appear on the short list. This interview is an opportunity for the Governor to assess the applicants personally. This is no small thing. Governor Deal’s background as a former judge and practicing lawyer is invaluable. His experience as a legislator at the state and federal level is notable. And, his job as the state’s chief executive gives him an important perspective.
Governor Deal then makes an appointment. Even then, the judge still faces the people when it comes time for reelection.
Since Governor Deal took office, there have been numerous vacancies. These open judgeships have been all over Georgia. In fact, it appears that next year, Governor Deal may appoint a justice to Georgia’s Supreme Court.
Simply put, there will be even more vacancies over the coming years. This is a great opportunity for people to serve. Anyone who wants to be a judge should take a look at the legal qualifications. Anyone who meets those qualifications and wants to be a judge should apply. Or, better yet, any Georgian who knows someone that would be a good judge should encourage them to apply. Georgia’s judiciary depends on good people coming forward.