Georgia Supreme Court justice vacancy (March 2020)
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|---|
| Benham Vacancy Georgia Supreme Court |
| Vacancy date |
| Vacancy status |
| Nomination date |
| March 27, 2020 |
| Table of contents |
|
Appointee candidates Selection process Noteworthy events About Justice Benham |
| See also |
| Recent news External links Footnotes |
Georgia Governor Brian Kemp (R) appointed Carla W. McMillian to the Georgia Supreme Court on March 27, 2020. McMillian succeeded Justice Robert Benham, who retired on March 1, 2020.[1] McMillian was Gov. Kemp's first nominee to the nine-member supreme court.
Under Georgia law as of March 2020, supreme court vacancies were filled by assisted appointment. The governor chose an appointee from a list of candidates compiled by the Georgia Judicial Nominating Commission.
The appointee
- See also: Carla W. McMillian
McMillian was appointed to the Georgia Supreme Court on March 27, 2020, by Gov. Brian Kemp (R).[1] Before her state supreme court appointment, McMillian was a judge on the Georgia Court of Appeals from 2013 to 2020. She was appointed to the court of appeals by Gov. Nathan Deal (R) on January 16, 2013.[2]
McMillian was a judge on the Fayette County State Court from 2010 to 2013. She was appointed to that position by Gov. Sonny Perdue (R). She was previously an attorney and partner with the law firm of Sutherland Asbill & Brennan LLP. She began her legal career as a federal law clerk for U.S. District Court for the Northern District of Georgia Judge William O'Kelley.[2]
McMillian received her bachelor's degrees in both history and economics from Duke University, where she graduated with high honors, and her J.D. from the University of Georgia School of Law. During her legal studies, she served on the Law Review editorial board and as president of the Christian Legal Society.[2]
McMillian was the first Asian-American woman in the southeast to be on the state's court of last resort. Upon her election to the Georgia Court of Appeals in 2014, she became the first Asian-American to be elected to a statewide office in Georgia.[1][2]
Appointee candidates and nominations
Finalists
After interviewing nine of the 22 applicants, the Georgia Judicial Nominating Commission recommended four candidates to Gov. Kemp for consideration.[3] Click the link in the left column to access the applications each candidate submitted.
| Finalists | |
|---|---|
| Candidate | Application |
| Judge Carla W. McMillian of the Georgia Court of Appeals | McMillian application |
| Judge Verda Colvin of Bibb County Superior Court | Colvin application |
| Judge Sara Doyle of the Georgia Court of Appeals | Doyle application |
| Judge Shawn LaGrua of Fulton County Superior Court | LaGrua application |
Applicants
Twenty-two candidates submitted applications to the Georgia Judicial Nominating Commission.[4]
- Tonya Boga of Marietta, attorney
- Pamela Braswell of Marietta, attorney
- Veronica Brinson of Macon, attorney
- Joshua Campbell, a senior policy adviser at the U.S. Department of Energy in Washington
- Judge Verda Colvin of Bibb County Superior Court
- Samuel D'Entremont of the Gwinnett County District Attorney’s Office
- Judge Sara Doyle of the Georgia Court of Appeals
- Leonid Felgin of Jonesboro, attorney
- Loranzo Muncel Fleming of the U.S. Department of Health and Human Services Office of Medicare Hearings and Appeals in Atlanta
- T. Mills Fleming of Savannah, attorney
- Latoya A. Hutchinson of Greensboro, attorney
- Judge Horace Johnson Jr. of Alcovy Circuit Superior Court
- Judge C. LaTain Kell of Cobb County Superior Court
- Judge Shawn LaGrua of Fulton County Superior Court
- Jacquelyn Luther of Atlanta, attorney
- Elizabeth McBath of the U.S. Attorney’s Office for the Northern District of Georgia
- Judge Carla W. McMillian of the Georgia Court of Appeals
- Francis Moran II of the Lumpkin County District Attorney’s Office
- Judge J. Wade Padgett of the Augusta Circuit Superior Court
- Naveen Ramachandrappa of Atlanta, attorney
- Judge Holly Veal of the Flint Circuit Superior Court
- Teri Walker of the U.S. Department of Veterans Affairs in Decatur.
The selection process
- See also: Judicial selection in Georgia and Georgia judicial elections
As of March 2020, if a vacancy occurred on the Georgia Supreme Court, the position was filled by assisted appointment. The governor chose an appointee from a list of candidates compiled by the Georgia Judicial Nominating Commission.[5]
If appointed, the interim judge had to run in the next general election held at least six months after the appointment, and, if confirmed by voters, they could finish the rest of their predecessor's term.[5]
Georgia Supreme Court justices were otherwise primarily selected by popular vote in nonpartisan elections. They served six-year terms, after which they had to run for re-election in order to retain their seats.[5]
Georgia Judicial Nominating Commission
- See also: Georgia Judicial Nominating Commission
As of March 2020, the Georgia Judicial Nominating Commission (JNC) recommended candidates to fill vacancies on the Georgia Supreme Court, Georgia Court of Appeals, superior courts, and state courts. Before making a recommendation, the JNC solicited applications and interviewed applicants. The commission then submitted a list of five names to the governor for consideration. The governor was not required to select an individual from the list in order to appoint them.[6]
As of March 2020, the commission consisted of 18 members appointed by the governor. The commission was created by executive order by Governor Jimmy Carter (D) in 1972. The executive order indicated that appointments to the commission should be made "with a view toward equitable geographic representation and...[should] reflect the diversity of the State's citizenry."[6]
Noteworthy events
Impact on 2020 election
- See also: Georgia Supreme Court elections, 2020
Benham's term was set to expire on December 31, 2020. As such, his seat was one of four expected to be up for nonpartisan election on May 19, 2020.
Benham's March retirement allowed Gov. Kemp to appoint a successor. That successor did not need to run for election until 2022.[7]
When Benham announced his decision to retire in December 2019, at least four candidates had declared to run for his open seat.
Makeup of the court
- See also: Georgia Supreme Court
When McMillian was appointed the court, she joined the following justices:
| ■ Charlie Bethel | Appointed by Gov. Nathan Deal (R) in 2018 | |
| ■ Keith Blackwell | Appointed by Gov. Nathan Deal (R) in 2012 | |
| ■ Michael P. Boggs | Appointed by Gov. Deal in 2016 | |
| ■ John Ellington | Elected in 2018 | |
| ■ Harold Melton | Appointed by Gov. Sonny Perdue (R) in 2005 | |
| ■ David Nahmias | Appointed by Gov. Perdue in 2009 | |
| ■ Nels Peterson | Appointed by Gov. Deal in 2016 | |
| ■ Sarah Warren | Appointed by Gov. Deal in 2018 |
About Justice Benham
- See also: Robert Benham
Benham became an associate justice of the nine-member Georgia Supreme Court in 1989. He was appointed to the court in December of that year by Governor Joe Frank Harris (D). Benham served as chief justice of the court from 1995 until 2001. Benham served on the Georgia Court of Appeals from 1984 to 1989. Gov. Harris appointed Benham to this court in April 1984.
Benham joined the U. S. Army Reserve after law school. He left the service as a Captain. He began his legal career as a trial attorney for Atlanta Legal Aid Society, Inc. He later went into private practice. He also became a special assistant attorney general.[2]
Benham earned his undergraduate degree in political science from Tuskegee University in 1967. He earned his J.D. from the University of Georgia, Lumpkin School of Law, in 1970. In 1989, he earned his LL.M. from the University of Virginia. He also attended Harvard University.[2]
Political outlook
In October 2012, political science professors Adam Bonica and Michael Woodruff of Stanford University attempted to determine the partisan ideology of state supreme court justices. They created a scoring system in which a score above 0 indicated a more conservative-leaning ideology, while scores below 0 were more liberal.
Benham received a campaign finance score of -0.03, indicating a liberal ideological leaning. This was more liberal than the average score of 0.09 that justices received in Georgia.
The study was based on data from campaign contributions by the judges themselves, the partisan leaning of those who contributed to the judges' campaigns, 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 an academic summary of various relevant factors.[8]
Other state supreme court appointments in 2020
- See also: State supreme court vacancies, 2020
The following table lists vacancies to state supreme courts that opened in 2020. Click the link under the Court column for a particular vacancy for more information on that vacancy.
Click here for vacancies that opened in 2021.
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 Governor Brian Kemp, "Gov. Kemp Names Appointments to Supreme Court of Georgia, Georgia Court of Appeals," March 27, 2020
- ↑ 2.0 2.1 2.2 2.3 2.4 2.5 Georgia Court of Appeals, "Carla McMillian," archived March 12, 2019 Cite error: Invalid
<ref>tag; name "bio" defined multiple times with different content - ↑ Law.com, "JNC Posts All-Female Short List for Georgia Supreme Court," March 2, 2020
- ↑ Law.com, "Georgia High Court Nominees Whittle Themselves Down to 22," February 24, 2020
- ↑ 5.0 5.1 5.2 American Judicature Society, "Methods of Judicial Selection: Georgia," archived October 2, 2014
- ↑ 6.0 6.1 American Judicature Society, "Methods of Judicial Selection: Georgia; Judicial Nominating Commissions," archived October 2, 2014
- ↑ Atlanta Journal-Constitution, "Justice Benham to retire in March, upending GA Supreme Court race," December 5, 2019
- ↑ Stanford University, "State Supreme Court Ideology and 'New Style' Judicial Campaigns," October 31, 2012
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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 Tax 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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