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 assisted appointment.[1] The limited jurisdiction courts vary in their selection methods, employing a mix of appointment, partisan elections and nonpartisan elections.[2]
Judges' terms on the Georgia Supreme Court and the Georgia Court of Appeals begin on January 1 following their election.[3]
Supreme Court
There are nine 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 seats.[1]
The chief justice is selected by peer vote and serves in that capacity for four years.[1]
The Georgia General Assembly passed a bill in March 2016 to expand the number of justices from seven to nine.[4] Governor Nathan Deal signed the bill on May 3.[5]
Qualifications
To serve on this court, a judge must be:
Vacancies
If a vacancy appears on the court, the position is filled by assisted appointment. The governor chooses an appointee from a list of qualified candidates compiled by the judicial nominating commission. If appointed, an interim judge must run in the next general election held at least six months after the appointment, and, if confirmed by voters, he or she may finish the rest of the predecessor's term.[1]
Court of Appeals
There are fifteen 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.[1]
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).[1]
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.[1]
Limited jurisdiction courts
Georgia's limited jurisdiction courts (the probate court, juvenile court, magistrate court and the state court) vary in their selection processes.[2]
Probate Courts
- See also: Partisan elections
Judges of the Georgia Probate Courts are each elected to four-year terms.[6] The elections for this court are partisan contested elections. To serve on this court, a judge must be a United States citizen, county resident for at least two years, at least 25 years old, a registered voter, have a high school diploma or equivalent and completion of an initial training course. In counties with populations above 96,000, judges are required to have at least seven years of experience practicing law and be 30 years of age.
Juvenile Courts
Judges of the Georgia Juvenile Courts are each appointed to four-year terms by the superior court judges of the circuit. The one exception is Floyd County, where the judge is elected.[6] To serve on this court, a judge must be a state resident for at least three years, a county resident, admitted to practice law for five years and at least 30 years old.
Magistrate Courts
- See also: Partisan elections
Judges of the Georgia Magistrate Courts are either elected or appointed to terms of varying lengths.[6] The elections for this court are partisan contested elections. To serve on this court, a judge must be a county resident for at least one year, 25 years of age and have a high school diploma or equivalent.
State Courts
- See also: Nonpartisan election
Judges of the Georgia State Courts are elected to four-year terms.[6] The elections for this court are nonpartisan contested elections. To serve on this court, a judge must be a state resident for at least three years, a county resident, admitted to practice law for at least seven years and 25 years of age.
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 assisted 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.[7]
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.[7]
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.
- 2016: The number of justices on the court was increased from seven to nine.
- 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.[8]
In other states
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
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7 American Judicature Society, "Methods of Judicial Selection: Georgia," archived October 2, 2014
- ↑ 2.0 2.1 American Judicature Society, "Methods of Judicial Selection: Georgia; Limited Jurisdiction Courts," archived October 2, 2014
- ↑ Georgia Secretary of State, "Constitution of the State of Georgia," January 2013
- ↑ Georgia General Assembly, "House Bill 927," accessed March 24, 2016
- ↑ The Florida Times-Union, "Georgia governor OK's bill expanding state Supreme Court by 2," May 4, 2016
- ↑ 6.0 6.1 6.2 6.3 New Georgia Encyclopedia, "Judicial Branch: Overview," June 5, 2014
- ↑ 7.0 7.1 American Judicature Society, "Methods of Judicial Selection: Georgia; Judicial Nominating Commissions," archived October 2, 2014
- ↑ U.S. Courts, "FAQ: Federal Judges," accessed March 26, 2015
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
