Georgia Judicial Nominating Commission

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Gubernatorial appointment


The Georgia Judicial Nominating Commission is an independent state commission in Georgia established by executive order in 1972 by former Governor Jimmy Carter (D) that plays a role in the state's judicial selection process. The governor appoints all 18 of the commission's members.[1]

Georgia uses nonpartisan elections to select judges for its state courts, but interim vacancies in the appellate and general jurisdiction courts are filled by the assisted appointment.

The commission is a governor-controlled commission, which means that there is a majority of members chosen by the governor. As of March 21, 2024, 11 states used this type of commission. To learn more about controlling majorities in judicial selection commissions, click here.

Members

Last updated: April 2023.

The members of the Georgia Judicial Nominating Commission are appointed by the Governor of Georgia. The executive order establishing the commission states that the appointments to the commission should be "made with a view toward equitable geographic representation and . . reflect the diversity of the State's citizenry." In October 2021, Gov. Brian Kemp (R) expanded the membership of the judicial nominating commission to 35 members.[1][2][3][4][5]

Members of the Georgia Judicial Nominating Commission, April 2023
Name Location
Co-chair Vincent Russo, Esq. Atlanta
Co-chair Mark Middleton, Esq. Atlanta
Hon. Michael P. Boggs Atlanta
Derek Bottoms, Esq. Atlanta
Kristi Connell, Esq. Augusta
Lance Cooper, Esq. Marietta
Tye Darland, Esq. Atlanta
Sheetal Desai, Esq. Duluth
Hon. Charles E. Evans, Jr. Evans
T. Mills Fleming, Esq. Savannah
Patrick Flynn, Esq. Albany
Robert S. Highsmith, Jr., Esq. Atlanta
Drew Hill, Esq. Athens
Soo Hong, Esq. Marietta
Hon. Jamie Inagawa Fayetteville
Anne Kaufold-Wiggins, Esq. Vidalia
Hon. Shawn LaGrua Atlanta
Hon. Benjamin Land Columbus
Anh Le, Esq. Atlanta
James B. Manley, Esq. Atlanta
Quentin Marlin, Esq. Savannah
Brooke Newby, Esq. Perry
Natalie Paine, Esq. Harlem
Haynes M. Studstill, Esq. Valdosta
Darrell Sutton, Esq. Marietta
Trey Taylor, Esq. Dublin
W. Ryan Teague, Esq. Atlanta
Frank Turner, Jr., Esq. Covington
Richard Valladares, Esq. Atlanta
Hon. Holly Veal McDonough
Josh Waters, Esq. Perry
Kathleen Wilkinson, Esq. Atlanta

Process

On its website, the commission lays out the following steps for filling a judicial vacancy:[6]

  1. The commission co-chairs notify the commission of the vacancy and set a timetable for the filling of the vacancy.
  2. The co-chairs compile a lit of interested applicants.
  3. The co-chairs prepare packets for members of each applicant.
  4. The commission convenes either in-person or by phone to interview applicants.
  5. Following the interviews, the commission meets to discuss the applicants and make recommendations
  6. The co-chairs submit the list of recommendations to the governor for consideration.
  7. The governor may interview individuals on the list of recommendations.
  8. The governor selects a nominee from the list of recommendations.


The commission has a list of required application materials and its applicant questionnaire available here.

Duties

As of April 2023, the Georgia Judicial Nominating Commission website did not list specific duties for members of the commission.

Control of judicial selection commissions

Assisted appointment is a method of judicial selection in which a nominating commission reviews the qualifications of judicial candidates and submits a list of names to the governor, who appoints a judge from the list.[7]

At the state supreme court level, this method is further divided into the following three types, based on the makeup of the judicial nominating commissions. Those types are:

  • Governor-controlled commission - The governor is either responsible for appointing a majority of the members of the nominating commission or may decline to appoint a candidate from a list provided by the nominating commission.
  • Bar-controlled commission - The state Bar Association is responsible for appointing a majority of the members of the nominating commission.
  • Hybrid - There is no majority of members chosen by either the governor or the state Bar Association. The membership of these commissions is determined by different rules in each state.

Twenty-two courts in 22 states used assisted appointment to select state supreme court justices as of June 2021.[8][9] Georgia used a governor-controlled commission. The table below shows the number of courts using each variation of assisted appointment at the state supreme court level.

Assisted appointment methods in state supreme courts
Method Courts (of 23)
Governor-controlled majority 10
Bar-controlled majority 1
Hybrid 12

The map below highlights the states that use each of the three types of assisted appointment.

About judicial selection

Each state has a unique set of guidelines governing how they select judges at the state and local level. These methods of selection are:

Election

  • Partisan election: Judges are elected by the people, and candidates are listed on the ballot alongside a label designating political party affiliation.
  • Nonpartisan election: Judges are elected by the people, and candidates are listed on the ballot without a label designating party affiliation.
  • Michigan method: State supreme court justices are selected through nonpartisan elections preceded by either partisan primaries or conventions.
  • Retention election: A periodic process whereby voters are asked whether an incumbent judge should remain in office for another term. Judges are not selected for initial terms in office using this election method.

Assisted appointment

  • Assisted appointment, also known as merit selection or the Missouri Plan: A nominating commission reviews the qualifications of judicial candidates and submits a list of names to the governor, who appoints a judge from the list.[7] At the state supreme court level, this method is further divided into the following three types:
    • Bar-controlled commission: The state Bar Association is responsible for appointing a majority of the judicial nominating commission that sends the governor a list of nominees that they must choose from.
    • Governor-controlled commission: The governor is responsible for appointing a majority of the judicial nominating commission that sends the governor a list of nominees they must choose from.
    • Hybrid commission: The judicial nominating commission has no majority of members chosen by either the governor or the state bar association. These commissions determine membership in a variety of ways, but no institution or organization has a clear majority control.

Direct appointment

Click a state on the map below to explore judicial selection processes in that state.
http://ballotpedia.org/Judicial_selection_in_STATE


See also

State courts Appointment methods Election methods
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State supreme courts
Intermediate appellate courts
Trial courts
Assisted appointment
Gubernatorial appointment
Legislative appointment
Partisan elections
Nonpartisan elections
Michigan method


External links

Footnotes