Judicial selection in Georgia

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

Judicial selection refers to the process used to select judges for courts. At the state level, methods of judicial selection vary substantially in the United States, and in some cases between different court types within a state. There are six primary types of judicial selection: partisan and nonpartisan elections, the Michigan method, assisted appointment, gubernatorial appointment, and legislative elections. To read more about how these selection methods are used across the country, click here.

This article covers how state court judges are selected in Georgia, including:

• Georgia Supreme Court,
• Georgia Court of Appeals,
• Georgia Superior Courts, and
• Limited jurisdiction courts

As of March 2023, selection of state court judges in Georgia occurred primarily through nonpartisan elections, though interim vacancies in the appellate and general jurisdiction courts were filled by assisted appointment, where the governor selects a nominee from a list provided by a nominating commission.^[1] The limited jurisdiction courts vary in their selection methods, employing a mix of appointment, partisan elections, and nonpartisan elections.^[2]

Click here to notify us of changes to judicial selection methods in this state.

Georgia Supreme Court

See also: Georgia Supreme Court

The nine justices on the Georgia Supreme Court are 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]

Qualifications

To serve on this court, a judge must be:

• a resident of Georgia; and
• admitted to practice law for at least seven years.^[1]

Chief justice

The chief justice is selected by peer vote and serves in that capacity for four years.^[1]

Vacancies

See also: How vacancies are filled in state supreme courts

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. As of March 2023, the judicial nominating commission consisted of 35 members, each appointed by the governor. For each court vacancy, the commission recommends candidates, but the governor is not bound to the commission's choices and may choose to appoint a judge not found on the list.^[3] 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][4][5]

The map below highlights how vacancies are filled in state supreme courts across the country.

Georgia Court of Appeals

See also: Georgia Court of Appeals

The fifteen judges on the Georgia Court of Appeals are chosen in nonpartisan elections to serve six-year terms. If they wish to continue serving, they must run for re-election.^[1]

Qualifications

To serve on this court, a judge must be:

• a resident of Georgia; and
• admitted to practice law for at least seven years.^[1]

Chief judge

Judges of the Georgia Court of Appeals serve as chief judge on generally a two-year rotating basis, based on seniority. The chief judge of the court has the authority given by statute to appoint a presiding judge for each of the five divisions of the court.^[6]

Vacancies

See also: How vacancies are filled in state supreme courts

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. As of March 2023, the judicial nominating commission consisted of 35 members, each appointed by the governor. For each court vacancy, the commission recommends candidates, but the governor is not bound to the commission's choices and may choose to appoint a judge not found on the list.^[3] 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][7][8]

Georgia Superior Courts

See also: Georgia Superior Courts

The judges on the Georgia Superior Courts are chosen in nonpartisan elections to serve a four-year terms.^[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]

Chief justice

The process for selecting superior court chief judges varies by the circuit (as does the chief's term length).^[1]

Vacancies

See also: How vacancies are filled in state supreme courts

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. As of March 2023, the judicial nominating commission consisted of 35 members, each appointed by the governor. For each court vacancy, the commission recommends candidates, but the governor is not bound to the commission's choices and may choose to appoint a judge not found on the list.^[3] 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][9][10]

Limited jurisdiction courts

Georgia has five types of limited jurisdiction courts: the business court, probate court, juvenile court, magistrate court, and the state court.^[2]

Business Court

Georgia law established one judge and one division for the state business court. The judge of the Georgia Business Court is appointed by the governor, subject to approval by the judiciary committees of the state Senate and state House.^[11]

The business court judge serves for five years and may be reappointed to consecutive terms, subject to approval using the process described above.^[11]

Probate Courts

Judges of the Georgia Probate Courts are elected to four-year terms.^[12] The elections for this court type are contested and may be partisan or nonpartisan. To serve on this court, a judge must be a United States citizen, a 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.^[12] 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

Judges of the Georgia Magistrate Courts are either elected or appointed to terms of varying lengths.^[12] The elections for this court type are contested and may be partisan or nonpartisan. 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

Judges of the Georgia State Courts are elected to four-year terms.^[12] 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.

History

Below is a timeline noting changes to judicial selection methods in Georgia, from the most recent to the earliest.

• 2021: Gov. Brian Kemp (R) expanded the membership of the judicial nominating commission to 35 members.^[13]
• 2016: The number of justices on the court 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 on the court were to be elected by popular vote to six-year terms.
• 1898: Established that Georgia Superior court judges were to be elected by popular vote.
• 1896: Established that Georgia Supreme court justices were to be elected by popular vote.
• 1877: Established that supreme court justices were 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 were to be elected by popular vote to twelve-year terms and superior court judges to eight-year terms.
• 1865: Established that supreme court judges were 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 were to be elected by the people to four-year terms.
• 1812: Established that inferior court judges were to be elected by the people to four-year terms.
• 1798: Established that superior court judges were to be elected by the General Assembly to three-year terms; inferior court judges were 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.

Courts in Georgia

In Georgia, there are three federal district courts, a state supreme court, a state court of appeals, and trial courts with both general and limited jurisdiction. These courts serve different purposes, which are outlined in the sections below.

Click a link for information about that court type.

• Federal courts
• State supreme court
• State court of appeals
• Trial courts

The image below depicts the flow of cases through Georgia's state court system. Cases typically originate in the trial courts and can be appealed to courts higher up in the system.

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.^[14]

In other states

Each state has a unique set of guidelines governing how they select judges at the state and local level. These methods of selection are:

Election

• Partisan election: Judges are elected by the people, and candidates are listed on the ballot alongside a label designating political party affiliation.
• Nonpartisan election: Judges are elected by the people, and candidates are listed on the ballot without a label designating party affiliation.
• Michigan method: State supreme court justices are selected through nonpartisan elections preceded by either partisan primaries or conventions.
• Retention election: A periodic process whereby voters are asked whether an incumbent judge should remain in office for another term. Judges are not selected for initial terms in office using this election method.

Assisted appointment

• Assisted appointment, also known as merit selection or the Missouri Plan: A nominating commission reviews the qualifications of judicial candidates and submits a list of names to the governor, who appoints a judge from the list.^[15] At the state supreme court level, this method is further divided into the following three types:
  • Bar-controlled commission: The state Bar Association is responsible for appointing a majority of the judicial nominating commission that sends the governor a list of nominees that they must choose from.
  • Governor-controlled commission: The governor is responsible for appointing a majority of the judicial nominating commission that sends the governor a list of nominees they must choose from.
  • Hybrid commission: The judicial nominating commission has no majority of members chosen by either the governor or the state bar association. These commissions determine membership in a variety of ways, but no institution or organization has a clear majority control.

Direct appointment

• Court appointment: Judges are selected by judges in the state judiciary.
• Gubernatorial appointment: Judges are appointed by the governor. In some cases, approval from the legislative body is required.
• Legislative election: Judges are selected by the state legislature.
• Municipal government selection: Judges are selected by the governing body of their municipality.

See also

State courts	Appointment methods	Election methods
State supreme courts Intermediate appellate courts Trial courts	Assisted appointment Court appointment Gubernatorial appointment Legislative election Municipal government selection	Partisan election Nonpartisan election Michigan method

External links

• Official website of the Georgia Secretary of State
• Judicial Council of Georgia

Footnotes

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