Judicial selection in Georgia

Judicial selection in Georgia
Georgia Supreme Court
Method:	Nonpartisan election of judges
Term:	6 years
Georgia Court of Appeals
Method:	Nonpartisan election of judges
Term:	6 years
Georgia Superior Courts
Method:	Nonpartisan election of judges
Term:	4 years
Georgia Probate Courts
Method:	Partisan election of judges
Term:	4 years
Georgia State Courts
Method:	Nonpartisan election of judges
Term:	4 years

Selection of state court judges in Georgia occurs primarily through nonpartisan elections, though interim vacancies in the appellate and general jurisdiction courts are filled by commission-selection and political appointment. The limited jurisdiction courts vary in their selection methods, employing a mix of appointment, partisan elections and nonpartisan elections.

Judges' terms begin on January 1 following their election.

Supreme Court

There are seven justices on the Georgia Supreme Court, each 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 seat.

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

Qualifications

To serve on this court, a judge must be:

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

Vacancies

If a vacancy appears on the court, the position is filled by commission-selection and political appointment. The governor chooses an appointee from a list of qualified candidates compiled by the judicial nominating commission. If appointed, the interim judge must run in the next general election held at least six months after the appointment, and, if confirmed by voters, they may finish the rest of their predecessor's term.

Court of Appeals

There are twelve judges on the Georgia Court of Appeals, each chosen by the people in nonpartisan elections to serve a six-year term. All aspects of selection are shared with the Georgia Supreme Court, except that the chief judge serves for two years instead of four.

Superior Courts

There are 202 judges on the Georgia Superior Courts, each chosen by the people in nonpartisan elections to serve a four-year term. All aspects of selection are shared with the Georgia Supreme Court and Georgia Court of Appeals, except that the process for selecting a chief judge varies by circuit (as does the chief's term length).

Qualifications

To serve on this court, a judge must be:

• a state resident for three years;
• a resident of the circuit he or she is representing;
• admitted to practice law for at least seven years; and
• at least 30 years old.

Limited jurisdiction courts

Georgia's limited jurisdiction courts (the probate court, juvenile court, magistrate court and the state court) vary in their selection processes:

	Probate Court	Juvenile Court	Magistrate Court	State Court
Selection:	Partisan election	Appointment by superior court judges of the circuit*	Partisan election or appointment	Nonpartisan election
Term length:	4 years	4 years	Varies	4 years
Re-election method:	Re-election	Reappointment	Re-election or reappointment	Re-election
Qualifications:	U.S. citizen; county resident for at least 2 years; minimum age of 25; registered voter; completion of initial training course and additional training as required; high school diploma or its equivalent**	State resident for at least 3 years; county resident; admitted to practice law for 5 years; minimum age of 30	County resident for at least 1 year; minimum age of 25; high school diploma or its equivalent	State resident for at least 3 years; county resident; minimum age of 25; admitted to practice law for at least 7 years
*Except in Floyd County, where the judge is elected.
**In counties with populations exceeding 96,000, probate judges are required to have at least 7 years of law practice and be at least 30 years old.

Judicial Nominating Commission

Georgia's first judicial nominating commission was established in 1972 by the executive order of Governor Jimmy Carter. Each subsequent governor has followed Carter's example, maintaining a commission-selection, political appointment method for filling court vacancies. Under the current executive order, the commission recommends candidates for the court of appeals, the superior court and the state court.

The judicial nominating commission consists of eighteen members, each appointed by the governor. For each court vacancy, the commission recommends five candidates (unless fewer than five are found to be qualified), but the governor is not bound to the commission's choices and may choose to appoint a judge not found on the list.

History

Judicial selection methods in Georgia have undergone significant changes in the last 200 years. Below is a timeline noting the various stages, from the most recent to the earliest.

• 2000: A new constitutional amendment was approved by voters, increasing the law practice requirements of judges from five to seven years.
• 1983: Judicial elections were made nonpartisan under the 1983 constitution.
• 1972: A judicial nominating commission was established by Governor Jimmy Carter to assist in filling interim vacancies.
• 1906: The Georgia Court of Appeals was established by constitutional amendment. Judges are now to be elected by popular vote to six-year terms.
• 1898: Established that Georgia superior court judges are now to be elected by popular vote.
• 1896: Established that Georgia supreme court justices are now to be elected by popular vote.
• 1877: Established that supreme court justices are to be elected by the general assembly to six-year terms and superior court judges to four-year terms.
• 1868: Established that supreme court justices are to be elected by popular vote to twelve-year terms and superior court judges to eight-year terms.
• 1865: Established that supreme court judges are to be elected by the general assembly to terms of no less than six years.
• 1845: The Georgia Supreme Court was created by the Georgia Legislature.
• 1835: A constitutional amendment authorized the creation of the supreme court, with judges elected by the legislature to terms prescribed by law. Superior court judges are to be elected by the people to four-year terms.
• 1812: Established that inferior court judges are to be elected by the people to four-year terms.
• 1798: Established that superior court judges are to be elected by the general assembly to three-year terms; inferior court judges are to serve for life.
• 1789: The selection method was unclear. However, superior court judges were originally selected for three-year terms.
• 1777: Judges were appointed by the assembly to serve indefinitely.

Selection of federal judges

United States district court judges, who are selected from each state, go through a different selection process from that of state judges.

The district courts are served by Article III federal judges, who are appointed for life during good behavior. They are usually first recommended by senators (or members of the House, occasionally). The President of the United States nominates judges, who must then be confirmed by the United States Senate in accordance with Article III of the United States Constitution.

See also

• Georgia judicial elections
• Nonpartisan election of judges
• Partisan election of judges
• Commission-selection, political appointment method of judicial selection
• Courts in Georgia

External links

• Official website of the Georgia Secretary of State
• Neighbor Newspapers, "On becoming a Georgia judge," December 21, 2011