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Georgia Supreme Court elections, 2020

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2020 State
Judicial Elections
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Overview
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The seats of two Georgia Supreme Court justices, Charlie Bethel and Sarah Warren, were up for nonpartisan election on June 9, 2020. Both incumbents won re-election.

Two other seats were also expected to be up for nonpartisan election, but those elections were canceled:

  • Justice Robert Benham's term was originally set to expire on December 31, 2020. Benham retired on March 1, 2020, allowing Governor Brian Kemp (R) to appoint a successor. Click here for more information.
  • Justice Keith Blackwell's term was originally set to expire on December 31, 2020. Blackwell announced in February that he was retiring on November 18, 2020. The Georgia Supreme Court announced that the governor would appoint Blackwell's replacement. The appointment was challenged in court, and the state supreme court ruled in a 6-2 opinion on May 14 that the secretary of state could not be compelled to hold the election. Click here for more information.

What's at stake?

According to The Atlanta Journal-Constitution, no sitting Georgia Supreme Court justice has lost an election in the 175-year history of the court.[1] In the last two election cycles tracked by Ballotpedia, six seats on the Georgia Supreme Court were up for election. All six of those justices ran unopposed. In 2020, two seats were up for election and both had one challenger.

Election procedure changes in 2020

See also: Changes to election dates, procedures, and administration in response to the coronavirus (COVID-19) pandemic, 2020

Ballotpedia provided comprehensive coverage of how election dates and procedures changed in 2020. While the majority of changes occurred as a result of the coronavirus (COVID-19) pandemic, some changes occurred for other reasons.

Georgia modified its absentee/mail-in voting and candidate filing procedures for the November 3, 2020, general election as follows:

  • Candidate filing procedures: The petitioning deadline for minor-party and unaffiliated candidates was extended to August 14, 2020. The petition signature requirement for independent and minor-party candidates was reduced to 70 percent of their original numbers.

For a full timeline about election modifications made in response to the COVID-19 outbreak, click here.

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Candidates and election results

Bethel's seat

General election

General election for Georgia Supreme Court

Incumbent Charlie Bethel defeated Beth Beskin in the general election for Georgia Supreme Court on June 9, 2020.

Candidate
%
Votes
Image of Charlie Bethel
Charlie Bethel (Nonpartisan)
 
52.2
 
1,098,264
Image of Beth Beskin
Beth Beskin (Nonpartisan)
 
47.8
 
1,006,065

Total votes: 2,104,329
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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Charlie Bethel has served on the Georgia Supreme Court since 2018. Bethel served as an alderman for the city of Dalton and as a Georgia state senator for three terms. He started his legal career as a law clerk for Judge Charles A. Pannell, Jr., on the U.S. District Court for the Northern District of Georgia.[2]

  • From Bethel’s campaign website: “Throughout his years on the bench, Charlie has been faithful both to the law and his oath of office. He understands that judges must set aside their personal preferences in deciding each case before them and that they must follow the law, even when the outcome may be unpopular.”[2]


Beth Beskin is a partner at Freeman, Mathis & Gary. Previously, she was an assistant attorney general for the Georgia Department of Law working in the Medicaid Fraud Division. Baskin also served as a Georgia state representative from 2015 to 2019.[3]

  • From Beskin’s campaign website: “Beth will be an independent voice on the Supreme Court. She will stand up for our rights and be tough on crime. With more than three decades of legal experience, Beth will bring a new voice to the court.”[3]

Warren's seat

General election

General election for Georgia Supreme Court

Incumbent Sarah Warren defeated Hal Moroz in the general election for Georgia Supreme Court on June 9, 2020.

Candidate
%
Votes
Image of Sarah Warren
Sarah Warren (Nonpartisan)
 
78.7
 
1,652,532
Image of Hal Moroz
Hal Moroz (Nonpartisan) Candidate Connection
 
21.3
 
446,026

Total votes: 2,098,558
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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Sarah Warren has served on the Georgia Supreme Court since 2018. Her previous experience includes clerking for U.S. Court of Appeals Judge J.L. Edmondson and U.S. District Court Judge Richard J. Leon and serving as solicitor general under Georgia Attorney General Chris Carr (R). Warren was previously a litigation partner for Kirkland & Ellis LLP. [4]

  • From Warren’s campaign website: “I believe in the independence of the judiciary. I believe in the rule of law. I believe in the separation of powers. I believe that judges play a very important – but limited – role in our three-branch system of government, because judges are not executives and they are not legislators.”[4]


Hal Moroz is a legal commentator and author. Previously, he served as a county judge, a city chief judge, an assistant district attorney, and as faculty at Florida Coastal School of Law and at the State Bar of Georgia’s Institute for Continuing Legal Education. Moroz was an officer in the U.S. Army.[5]

  • From Moroz’s website: “I am running for this office to further serve my fellow citizens as a Justice on Georgia's highest court, and to reclaim the foundations upon which our great state and country were founded. I support the Constitution as written and a return to common sense in our judiciary. My campaign is based on three foundations ... Experience, Common Sense, and Justice.”[5]

Benham's seat

See also: Georgia Supreme Court justice vacancy (March 2020)

Justice Robert 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 in 2020.

Benham retired on March 1, 2020. His retirement allowed Gov. Kemp to appoint a successor. The governor appointed Carla W. McMillian on March 27, 2020. McMillian did not need to run for election until 2022.[6][7]

When Benham announced his decision to retire in December 2019, at least four candidates had declared to run for his open seat.

Blackwell's seat

See also: Georgia Supreme Court justice vacancy (November 2020)

Justice Blackwell announced in February that he was retiring on November 18, 2020. In the announcement, the supreme court said Governor Brian Kemp (R) would appoint Blackwell's replacement.[8]

Former Congressman John Barrow (D) and former state Representative Beth Beskin (R) both planned on filing to run for Blackwell's seat. When Barrow and Beskin showed up to file in March, state officials said the election was no longer taking place. The two candidates filed separate legal challenges in Fulton County Superior Court, asking the judge to order Secretary of State Brad Raffensperger (R) to put the election back on the calendar.[9]

Raffensperger's office said in a letter to Beskin and Barrow, "After speaking with the Attorney General’s office about the situation, our office determined that the most prudent course of action was to cancel qualifying for that seat."[9]

On March 16, 2020, Fulton County Superior Court Judge Emily Richardson ruled Barrow and Beskin did not show they had "a clear right" to require the secretary of state to hold an election. Richardson said Blackwell's seat became vacant the day he submitted his resignation letter and the governor accepted it. Once this happened, she said, the secretary of state was no longer "under a statutory legal duty to hold qualifications for Justice Blackwell's seat."[10]

Barrow and Beskin appealed Judge Richardon's ruling. On May 14, 2020, the Georgia Supreme Court ruled in a 6-2 decision that the governor could appoint a successor and that the secretary of state could not be compelled to hold an election. Presiding Justice David Nahmias wrote for the majority, "Even if Justice Blackwell’s office is not vacant yet, if his accepted resignation will undoubtedly create a vacancy in his office on November 18, his term of office will go with him, and the next six-year term of his office that would begin on January 1, 2021, will never exist."[11]

Ocmulgee Circuit Superior Court Judge Brenda Holbert Trammell dissented, joined by Fayette Circuit Superior Court Judge Scott Ballard. Trammell and Ballard were two of the five justices who replaced sitting justices who had recused themselves. In her dissent, Trammell wrote "an appointment is unlawful in this circumstance."[11]

Click here to read the full opinion.

Past elections

2018

See also: Georgia Supreme Court elections, 2018

General election

General election for Georgia Supreme Court

Incumbent Harold Melton won election in the general election for Georgia Supreme Court on May 22, 2018.

Candidate
%
Votes
Image of Harold Melton
Harold Melton (Nonpartisan)
 
100.0
 
894,149

Total votes: 894,149
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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General election

General election for Georgia Supreme Court

John Ellington won election in the general election for Georgia Supreme Court on May 22, 2018.

Candidate
%
Votes
Image of John Ellington
John Ellington (Nonpartisan)
 
100.0
 
898,767

Total votes: 898,767
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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General election

General election for Georgia Supreme Court

Incumbent Michael P. Boggs won election in the general election for Georgia Supreme Court on May 22, 2018.

Candidate
%
Votes
Image of Michael P. Boggs
Michael P. Boggs (Nonpartisan)
 
100.0
 
904,702

Total votes: 904,702
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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General election

General election for Georgia Supreme Court

Incumbent Nels Peterson won election in the general election for Georgia Supreme Court on May 22, 2018.

Candidate
%
Votes
Image of Nels Peterson
Nels Peterson (Nonpartisan)
 
100.0
 
885,265

Total votes: 885,265
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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General election

General election for Georgia Supreme Court

Incumbent Britt Grant won election in the general election for Georgia Supreme Court on May 22, 2018.

Candidate
%
Votes
Image of Britt Grant
Britt Grant (Nonpartisan)
 
100.0
 
896,313

Total votes: 896,313
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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About the Georgia Supreme Court

See also: Georgia Supreme Court

The 1983 Georgia Constitution gives the Georgia Supreme Court exclusive appellate jurisdiction over constitutional cases and election contest cases. The court also has general appellate jurisdiction over land title cases, will and equity cases, divorce and alimony cases, certified cases, death penalty cases, and writs of habeas corpus or certiorari. The court may also exercise jurisdiction over Georgia Court of Appeals cases found to be of great public importance.[12]

Political composition

This was the political composition of the supreme court heading into the 2020 election.

John Ellington Elected in 2018
Harold Melton Appointed by Gov. Sonny Perdue (R) in 2005; elected in 2006 and 2012
David Nahmias Appointed by Gov. Sonny Perdue (R) in 2009; elected in 2010 and 2016
Michael P. Boggs Appointed by Gov. Nathan Deal (R) in 2016
Keith Blackwell Appointed by Gov. Nathan Deal (R) in 2012; elected in 2014
Nels Peterson Appointed by Gov. Nathan Deal (R) in 2016
Sarah Warren Appointed by Gov. Nathan Deal (R) in 2018
Charlie Bethel Appointed by Gov. Nathan Deal (R) in 2018
Carla W. McMillian Appointed by Gov. Brian Kemp (R) in 2020

Selection

See also: Judicial selection in Georgia

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.[13]

The chief justice is selected by peer vote and serves in that capacity for four years.[13]

Qualifications

To serve on this court, a judge must be:

  • a resident of Georgia and
  • admitted to practice law for at least seven years.[13]


See also

Georgia Judicial Selection More Courts
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Courts in Georgia
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Georgia Supreme Court
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External links

Footnotes