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Georgia Replacement of the Judicial Qualifications Commission, Amendment 3 (2016)
| Georgia Amendment 3 | |
|---|---|
 | |
| Election date November 8, 2016 | |
| Topic State judiciary | |
Status Approved | |
| Type Constitutional amendment | Origin State legislature |
| 2016 measures |
|---|
 |
| November 8 |
Amendment 1  |
| Amendment 2 |
| Amendment 3 |
| Amendment 4 |
| Polls |
| Voter guides |
| Campaign finance |
| Signature costs |
| Georgia Constitution |
|---|
|
| Preamble |
| Articles |
| I • II • III • IV • V • VI • VII • VIII • IX • X • XI |
The Georgia Replacement of the Judicial Qualifications Commission, Amendment 3 was on the November 8, 2016 ballot in Georgia as a legislatively referred constitutional amendment.[1] It was approved.
| A "yes" vote supported replacing the Judicial Qualifications Commission with a new commission designed and governed by the General Assembly. |
| A "no" vote opposed replacing the Judicial Qualifications Commission with a new commission designed and governed by the General Assembly, thereby keeping the current commission operational. |
The old Judicial Qualifications Commission was abolished on December 31, 2016. State Bar of Georgia's board of governors unanimously recommended and submitted a list of 11 potential nominees for serving on the new Judicial Qualifications Commission on January 17, 2017.[2]
Election results
| Amendment 3 | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
| Yes | 2,341,495 | 62.5% | ||
| No | 1,405,117 | 37.5% | ||
- Election results from Georgia Secretary of State
Overview
State of Georgia Judicial Qualifications Commission
The Judicial Qualifications Commission was created via a legislatively referred constitutional amendment in 1972. Sponsors of Amendment 3's corresponding legislation argued that the commission had lost credibility and therefore needed to be overhauled.
Text of measure
Ballot title
The ballot title was as follows:[3]
| “ |
Reforms and re-establishes the Judicial Qualifications Commission and provides for its composition, governance, and powers.[4] |
” |
Ballot question
The following question appeared on the ballot:[1][3]
| “ |
Shall the Constitution of Georgia be amended so as to abolish the existing Judicial Qualifications Commission; require the General Assembly to create and provide by general law for the composition, manner of appointment, and governance of a new Judicial Qualifications Commission, with such commission having the power to discipline, remove, and cause involuntary retirement of judges; require the Judicial Qualifications Commission to have procedures that provide for due process of law and review by the Supreme Court of its advisory opinions; and allow the Judicial Qualifications Commission to be open to the public in some manner? ( ) YES ( ) NO[4] |
” |
Ballot summary
The ballot summary was as follows:[3]
| “ |
This proposal abolishes the existing Judicial Qualifications Commission and requires the General Assembly to replace it with a new Judicial Qualifications Commission and provide for the composition, manner of appointment, governance, powers and duties, procedures, and open meetings of such reformed commission, with such commission having the power to discipline, remove, and cause involuntary retirement of judges as provided in the Constitution, and for Supreme Court review of the commission's opinions and procedures. It amends Article VI, Section VII, Paragraph VI and Article VI, Section VII, Paragraph VII of the Georgia Constitution. A copy of this entire proposed amendment is on file in the office of the judge of the probate court and is available for public inspection.[4] |
” |
Constitutional changes
- See also: Article VI, Georgia Constitution
Amendment 3 added the following subparagraph to Article VI, Section VII, Paragraph VI of the Georgia Constitution. The following text was added (indicated with Underlined text) and removed (indicated with Strike out text) by the measure's approval:[1]
Paragraph VI. Judicial Qualifications Commission; power; composition. (a) The General Assembly shall by general law create and provide for the composition, manner of appointment, and governance of a Judicial Qualifications Commission, with such commission having the power to discipline, remove, and cause involuntary retirement of judges as provided by this Article shall be vested in the Judicial Qualifications Commission. It shall consist of seven members, as follows: (1) Two judges of any court of record, selected by the Supreme Court; (2) Three members of the State Bar of Georgia who shall have been active status members of the state bar for at least ten years and who shall be elected by the board of governors of the state bar; and (3) Two citizens, neither of whom shall be a member of the state bar, who shall be appointed by the Governor. Appointments to the Judicial Qualifications Commission shall be subject to confirmation by the Senate as provided for by general law."
(b) The procedures of the Judicial Qualifications Commission shall comport with due process. Such procedures and advisory opinions issued by the Judicial Qualifications Commission shall be subject to review by the Supreme Court.
(c) The Judicial Qualifications Commission which existed on June 30, 2017, is hereby abolished."[4]
The proposed amendment revised subparagraph "4" of subparagraph "b" in Article VI, Section VII, Paragraph VII of the Georgia Constitution as follows:[1]
(4)(A) The findings and records of the commission and the fact that the public official has or has not been suspended shall not be admissible in evidence in any court for any purpose. (B) The findings and records of the commission shall not be open to the public except as provided by the General Assembly by general law.[4]
Support
Supporters
Officials
The following legislators sponsored Amendment 3's corresponding legislation:[1]
- Rep. Wendell Willard (R-51, House Judiciary Committee Chairman)[1][5]
- Rep. Jan Jones (R-47)[1]
- Rep. Jon Burns (R-159)[1]
- Rep. John Meadows (R-5)[1]
- Rep. Johnnie Caldwell, Jr. (R-131)[1]
Arguments
House Judiciary Committee Chairman Wendell Willard told the Daily Report that the Judicial Qualifications Commission members "were beginning to conduct themselves more like a star chamber than a judicial commission in handling the cases coming before them," adding:[6]
| “ |
We just feel the time has come to have an awakening of what is happening and let the people of the state be more aware that there are problems that need to be corrected.[4] |
” |
Opposition
Georgians for Judicial Integrity led the opposition campaign for Amendment 3.[7]
Opponents
Officials
- Former Judicial Qualifications Commission Chairman Lester Tate[6][8][9]
- Sen. Josh McKoon (R-29, Senate Judiciary Committee Chairman)[10]
- Sara Totonchi, executive director of the Southern Center for Human Rights[9]
Organizations
- Georgia First Amendment Foundation[11]
- Francys Johnson, state president of the Georgia NAACP[11]
- The Georgia Association of Criminal Defense Lawyers (GACDL)[12][13]
- Georgia NAACP[14]
Arguments
- Georgians for Judicial Integrity listed the following arguments on its campaign website:[15]
| “ |
|
” |
| “ |
For over four decades the JQC has served the citizens of Georgia very well...To try to amend the constitution of the state of Georgia before they even have the hearings they want to have to investigate whatever it is they want to investigate at the JQC was frankly premature and just doesn't make sense. Why amend the Constitution when you don't have all the facts?[4] |
” |
- According to the Daily Report, Judicial Qualifications Commission Chairman Lester Tate "questioned the abolition of the current JQC in favor of one that would be a creature of the state legislature," saying the following:[6]
| “ |
The people of Georgia have had an independent constitutional commission since 1972, and I believe it has served them well.[4] |
” |
Tate later said the following in opposition to Amendment 3:[17]
| “ |
You’re stripping an independent, constitutionally-mandated watchdog agency out of the constitution and putting it to the complete whim of the politicians.[4] |
” |
- Sen. Josh McKoon told the Daily Report that he didn't "understand the tall hurry some people seem to be in to completely restructure how it works without some kind of formal input from some of the stakeholders," adding:[18]
| “ |
Both houses need to be involved with any investigation into any alleged improper conduct...I disagree with the approach they [the House of Representatives] are taking. I think we are heading for a crisis.[4] |
” |
- Jay Bookman, a columnist and blogger for the Atlanta Journal Constitution, wrote the following in opposition to Amendment 3:[19]
| “ |
In short, the proposed constitutional amendment would inject the heavy hand of politics into a process in which politics should play no role. Even before its adoption, the antagonism of the political establishment to the commission’s work had become so intense and intimidating that the commission’s chair resigned in April. “I cannot in good conscience continue to participate in a charade that offers the promise of judicial integrity when, in truth, the actions of others have rendered the fulfillment of that promise an impossibility,” Lester Tate of Cartersville wrote in his resignation letter. The voters of Georgia are now being asked to validate that charade by adopting the proposed amendment. They should reject it overwhelmingly.[4] |
” |
- Sara Totonchi, executive director of the Southern Center for Human Rights, said the following:[9]
| “ |
We have seen how over the last 10 years the JQC has uprooted corruption, racism, nepotism and illegal behavior in the judiciary. In order to continue this critical work it must retain its independence. Amendment 3 introduces politics into a sphere where politics shouldn’t govern.[4] |
” |
- Francys Johnson, state president of the Georgia NAACP, told White County News the following:[11]
| “ |
“Our founders devised a system with three co-equal branches of government. [...] This amendment concentrates too much power in the executive and legislative branches, and that is not right.[4] |
” |
Other opinions
- Earlier in 2016, the State Bar of Georgia expressed opposition to Amendment 3, but on October 21, 2016, the Bar's Board of Governors decided that the organization should not take an official stance against the measure.[10][20]
Background
Georgia judicial qualification commission
History
Georgia's Judicial Qualifications Commission which was replaced with a new commission with the approval of Amendment 3. The original commission was created when voters approved Amendment 1, a legislatively referred constitutional amendment, in 1972.[21]
According to the sponsors of House Resolution 1113, the legislation that was implemented by voter approval of the measure, the Judicial Qualifications Commission needed to be overhauled because it has "lost credibility." House Judiciary Committee Chairman Wendell Willard, the resolution's primary sponsor, told the Atlanta Journal-Constitution that the case of DeKalb Superior Court Judge Cynthia Becker was an example of the commission's decline in credibility. According to the Journal, Becker "was indicted on allegations that she lied to the JQC about her handling of the criminal case against former DeKalb County School Superintendent Crawford Lewis. The charges were later dropped."[5]
Commission investigation of Johnnie Caldwell, Jr.
Another of the bill's sponsors, Johnnie Caldwell, Jr., previously served as a judge and was investigated by the Judicial Qualifications Commission after he was accused of making sexually suggestive comments to a female attorney. He stepped down from the bench in 2010.[5] According to 11Alive, a different representative who was a candidate for judge recused himself during the Georgia House vote on HR 1113, and Lester Tate resigned from his position as Judicial Qualifications Commission chairman after Caldwell and other legislators sponsored the resolution in the House.[17] According to Better Georgia, more than six dozen judges have resigned or been removed since 2007 in Georgia.[9]
Polls
| Georgia Amendment Three (2016) | |||||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Poll | Support | Oppose | Undecided | Margin of error | Sample size | ||||||||||||||
| Survey USA 10/25/2016-10/27/2016 | 36% | 23% | 41% | +/-4.1 | 800 | ||||||||||||||
| Note: The polls above may not reflect all polls that have been conducted in this race. Those displayed are a random sampling chosen by Ballotpedia staff. If you would like to nominate another poll for inclusion in the table, send an email to editor@ballotpedia.org. | |||||||||||||||||||
Media editorials
Support
If you know of any editorial board endorsements that should be posted here, please email the Ballot Measures project director.
Oppose
- The Augusta Chronicle editorial board wrote the following in opposition to Amendment 3:[22]
| “ |
It really is this simple: 1. You don’t fix something that isn’t broke, and 2. We certainly don’t need to inject more politics into the judicial system, which this would. The legislature should leave the Judicial Qualifications Commission alone – and your “no” vote on Amendment 3 in the Nov. 8 election will see to it.[4] |
” |
Campaign finance
Georgians for Judicial Integrity and Save the JQC-Vote No on 3 registered to oppose the measure. The committee raised $6,550.00.[23][24]
| Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
|---|---|---|---|---|---|
| Support | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
| Oppose | $3,050.00 | $3,500.00 | $6,550.00 | $3,041.79 | $6,541.79 |
| Total | $3,050.00 | $3,500.00 | $6,550.00 | $3,041.79 | $6,541.79 |
Support
There were no committees registered to support the amendment.
Opposition
The following table includes contribution and expenditure totals for the committee(s) in opposition to the initiative.[25]
| Committees in opposition to Amendment 3 | |||||
|---|---|---|---|---|---|
| Committee | Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures |
| Georgians for Judicial Integrity | $0.00 | $3,500.00 | $3,500.00 | $0.00 | $3,500.00 |
| Save the JQC-Vote No on 3 | $3,050.00 | $0.00 | $3,050.00 | $3,041.79 | $3,041.79 |
| Total | $3,050.00 | $3,500.00 | $6,550.00 | $3,041.79 | $6,541.79 |
Donors
The top donors to the opposition committee(s) were as follows:[25]
| Donor | Cash Contributions | In-Kind Contributions | Total Contributions |
|---|---|---|---|
| Online Concepts, LLC | $0.00 | $3,500.00 | $3,500.00 |
| Lester Tate Law Group LLC | $2,000.00 | $0.00 | $2,000.00 |
| Committee to Elect Josh McKoon | $1,000.00 | $0.00 | $1,000.00 |
Methodology
To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.
Path to the ballot
A two-thirds (66.67%) vote in both chambers of the Georgia Legislature is required to refer an amendment to the ballot. Georgia is one of 16 states that require a two-thirds (66.67%) vote.
The Georgia Senate approved Amendment 3's corresponding legislation on March 22, 2016, with 38 senators voting yea and 18 voting nay. The Georgia House of Representatives approved the legislation on March 22, 2016.[1][26]
Senate vote
March 22, 2016
| Georgia HR 1113 Senate Vote | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
| Yes | 38 | 67.85% | ||
| No | 18 | 32.14% | ||
House vote
March 22, 2016
| Georgia HR 1113 House Vote | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
| Yes | 120 | 66.66% | ||
| No | 40 | 22.22% | ||
State profile
| Demographic data for Georgia | ||
|---|---|---|
| Georgia | U.S. | |
| Total population: | 10,199,398 | 316,515,021 |
| Land area (sq mi): | 57,513 | 3,531,905 |
| Race and ethnicity** | ||
| White: | 60.2% | 73.6% |
| Black/African American: | 30.9% | 12.6% |
| Asian: | 3.6% | 5.1% |
| Native American: | 0.3% | 0.8% |
| Pacific Islander: | 0% | 0.2% |
| Two or more: | 2.1% | 3% |
| Hispanic/Latino: | 9.1% | 17.1% |
| Education | ||
| High school graduation rate: | 85.4% | 86.7% |
| College graduation rate: | 28.8% | 29.8% |
| Income | ||
| Median household income: | $49,620 | $53,889 |
| Persons below poverty level: | 21.1% | 11.3% |
| Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015) Click here for more information on the 2020 census and here for more on its impact on the redistricting process in Georgia. **Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here. | ||
Presidential voting pattern
- See also: Presidential voting trends in Georgia
Georgia voted Republican in six out of the seven presidential elections between 2000 and 2024.
Pivot Counties (2016)
Ballotpedia identified 206 counties that voted for Donald Trump (R) in 2016 after voting for Barack Obama (D) in 2008 and 2012. Collectively, Trump won these Pivot Counties by more than 580,000 votes. Of these 206 counties, five are located in Georgia, accounting for 2.43 percent of the total pivot counties.[27]
Pivot Counties (2020)
In 2020, Ballotpedia re-examined the 206 Pivot Counties to view their voting patterns following that year's presidential election. Ballotpedia defined those won by Trump won as Retained Pivot Counties and those won by Joe Biden (D) as Boomerang Pivot Counties. Nationwide, there were 181 Retained Pivot Counties and 25 Boomerang Pivot Counties. Georgia had five Retained Pivot Counties, 2.76 percent of all Retained Pivot Counties.
More Georgia coverage on Ballotpedia
- Elections in Georgia
- United States congressional delegations from Georgia
- Public policy in Georgia
- Endorsers in Georgia
- Georgia fact checks
- More...
See also
External links
Support
- Georgians for Judicial Integrity website
- Georgians for Judicial Integrity Facebook
- Georgians for Judicial Integrity Twitter
- Georgians for Judicial Integrity Instagram
Footnotes
- ↑ 1.00 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1.10 Open States, "Georgia House Resolution 1113 (2016)," accessed March 30, 2016
- ↑ Daily Report Online, "State Bar Submits Candidates for New Judicial Watchdog," January 17, 2017
- ↑ 3.0 3.1 3.2 Georgia Secretary of State, "Proposed Constitutional Amendments General Election November 8, 2016," accessed September 29, 2016
- ↑ 4.00 4.01 4.02 4.03 4.04 4.05 4.06 4.07 4.08 4.09 4.10 4.11 4.12 4.13 4.14 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content - ↑ 5.0 5.1 5.2 5.3 Atlanta Journal-Constitution, "Georgia House votes to create panel to investigate judicial watchdog," February 24, 2016
- ↑ 6.0 6.1 6.2 The Daily Report, "Corrected: Lawmakers Aim to Remake JQC, Remove State Bar's Appointment Authority," January 22, 2016
- ↑ Georgians for Judicial Integrity, "Vote No on Amendment 3," accessed October 11, 2016
- ↑ Ledger-Enquirer, "Proposed amendment a Trojan Horse," August 22, 2016
- ↑ 9.0 9.1 9.2 9.3 Better Georgia, "Crooked judge tries to eliminate judicial watchdog agency," October 25, 2016
- ↑ 10.0 10.1 10.2 Law360, "Ga. Passes Measure To Overhaul Judicial Watchdog," March 25, 2016
- ↑ 11.0 11.1 11.2 White County News, "AMENDMENT 3 WOULD CHANGE LANDSCAPE FOR STATE’S JUDICIAL OVERSIGHT," October 20, 2016
- ↑ Georgia Association of Criminal Defense Lawyers, "Home," accessed November 1, 2016
- ↑ Gainesville Times, "State Bar, other legal minds concerned over Ballot Amendment 3 regarding judges," October 29, 2016
- ↑ The Champion, "NAACP formally opposes three Georgia amendments," November 8, 2016
- ↑ Georgians for Judicial Integrity, "Why Vote No," accessed October 11, 2016
- ↑ Daily Report, "State Bar Considers Media Campaign to Defeat Amendment on Watchdog Agency," March 24, 2016
- ↑ 17.0 17.1 11Alive, "Disgraced former Ga. judge behind push to abolish judicial watchdog group," August 22, 2016
- ↑ Daily Report, "Georgia Senate Judiciary Chairman Warns Against House's Moves on Judicial Watchdog Agency," March 2, 2016
- ↑ Atlanta Journal Constitution, "Integrity of Ga. judicial disciplinary process under attack," August 23, 2016
- ↑ Atlanta Journal Constitution, "Lawyers group to lay low against proposal to de-fang judicial watchdog," October 21, 2016
- ↑ Judicial Qualifications Commission, "Home," accessed March 30, 2016
- ↑ Augusta Chronicle, "Reject changes to judicial commission; support proposed fund allocations," October 29, 2016
- ↑ Georgia Ethics, "Save the JQC-Vote No on 3," accessed February 19, 2025
- ↑ Georgia Ethics, "Georgians for Judicial Integrity," accessed February 19, 2025
- ↑ 25.0 25.1 Cite error: Invalid
<ref>tag; no text was provided for refs namedopp - ↑ Georgia General Assembly, "2015-2016 Regular Session HR 1113 Judicial Qualifications Commission," accessed March 30, 2016
- ↑ The raw data for this study was provided by Dave Leip of Atlas of U.S. Presidential Elections.
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