Judicial elections are just around the corner, but do you know who you’re being asked to vote for and what their duties are?
Nonpartisan judges at all three levels of Georgia’s court system are up for election during the May 21 primary. Voters will be asked to decide who will wield power in this very crucial part of the criminal legal system.
In Georgia, judges have a major impact on the treatment of people who are accused of and tried for crimes. They control whether bail is granted and how much it will be. They sentence the convicted and in some instances can determine the accused person’s guilt or innocence.
They’re essential to ensuring the rights of both the accused and the victims of crimes. And because Black people are incarcerated at a disproportionately higher rate than their percentage of Georgia’s overall population, judges can have an outsized influence on life in some Black communities.
Yet, judges often run unopposed, and judicial elections fly under the radar in the shadow of other elected officers such as the district attorney or county sheriff.
In this explainer, we will lay out the responsibilities and qualifications for each level of Georgia’s courts, beginning with the state’s highest judicial body.
Georgia Supreme Court
Considered the court of last resort, the Georgia Supreme Court only hears cases on appeal. Justices serve six-year terms. Of nine justices, the court has only one Black member, Verda M. Colvin, who was appointed by Gov. Brian Kemp in 2021 and elected to serve a full term in 2022.
Jurisdiction:
- Cases involving the constitutionality of a law or ordinance
- Election contest cases
- Death sentence or potential death sentence cases
- Habeas corpus cases (i.e., asking the court to determine if a person’s incarceration is unlawful)
- Cases where the Georgia Court of Appeals is equally divided
Who is running?
This year, four of the nine judges are up for election, although only one has a challenger. Candidates must be Georgia residents with seven years’ experience practicing law.
The incumbents running unopposed are Michael Boggs, John Ellington, and Nels Peterson.
John Barrow, a former representative for Georgia’s 12th District and the 2018 Democratic nominee for Georgia secretary of state, is challenging incumbent Andrew Pinson. Pinson, a conservative who once clerked for U.S. Supreme Court Justice Clarence Thomas, was appointed by Kemp in 2022 to fill the seat of a retired justice.
Georgia Court of Appeals
The Georgia Court of Appeals is the intermediate appellate court. It is the first level of the appeals process and the last stop before a case can be heard by the state Supreme Court. Fifteen judges sit on the Court of Appeals, which is divided into five divisions.
Appeals are usually decided by a three-judge panel. An attorney can request that their case be heard by the full appeals court, but these hearings are usually reserved for cases with unique significance. Willie Pye, who was executed by the state a few weeks ago, had his sentence overturned by a three-judge panel in 2021 before it was reinstated by the full appeals court in 2022.
Jurisdiction:
- Any case not reserved for the Supreme Court
- Appeals of any lower court decision
- Land title cases
- Cases involving extraordinary remedies, except the death penalty
- Divorce and alimony cases
- Cases involving wills
Who is running?
Seven of the 15 appellate seats are up for reelection this year. All six incumbents – Brian Rickman, Stephen Dillard, Ken Hodges, Benjamin Land, Amanda Mercier, and Jeffrey Watkins – are running unopposed.
Two candidates are vying to fill the seat of retiring Presiding Judge M. Yvette Miller: Cobb County Magistrate Judge Tabitha Ponder and Jeff Davis, the former executive director of the State Bar of Georgia.
As with the Supreme Court, candidates must reside in Georgia and have seven years’ experience practicing law. Appeals court judges serve six-year terms.
Superior Court
Each Georgia county has its own Superior Court, where the judges preside over all felony cases.
Jurisdiction:
- Bonds for felony criminal cases
- Contract disputes
- Appeals from magistrate court
- Divorces
- Child custody
- Injunctions
- Legal titles for land
Superior Court candidates must be 30 years old by election day, have lived in Georgia for at least three years, be a member in good standing with the State Bar of Georgia, have seven years’ experience practicing law, and live in the county where they serve. They serve four-year terms.
Who is running?
All but two incumbent Superior Court judges in Fulton County are running unopposed in the upcoming election. Incumbent Scott McAfee, who is presiding over the election interference case against former President Donald Trump, has two challengers: Tiffani Johnson, a former Fulton County solicitor general, and Robert Patillo II, a civil rights attorney and radio host.
Brandi Reeves, a former Fulton County public defender, is challenging incumbent Rachel Krause.
Incumbents running unopposed are Kimberly Adams, Rachelle Carnesale, Thomas Cox, Eric Dunaway, Belinda Edwards, Ural Glanville, Melynee Harris, Shukura Ingram, Emily Richardson, and Shermela Williams.
Probate Court
Each Georgia county has its own Probate Court, with a single judge who presides over cases that deal with family law. Probate judges serve four-year terms.
Jurisdiction:
- Determine the validity of wills
- Appoint and remove estate administrators and executors
- Appoint and remove guardians or conservators for minors and adults
- Audit the accounts of administrators, executors, and conservators
- Issue marriage licenses
- Issue licenses to carry weapons
- Commit mentally ill and substance abusers
- Issue fireworks permits
- Issue certificates of residence
- Record oaths of office of elected officials
To serve as a probate judge in Fulton County, a candidate must be a U.S. citizen who has lived in the county for at least two years. Candidates also must be a registered voter, at least 25 years old before qualifying for the election, have a high school diploma or GED, and cannot have been convicted of a felony or any offense involving moral turpitude anywhere in the country.
Fulton County Probate Judge Kenya Johnson is running unopposed this May.
State Court
Judges for the State Court preside over nonfelony criminal cases and civil litigation cases. State Court judges are elected to four-year terms.
Jurisdiction:
- Simple battery
- Driving under the influence
- Criminal trespass
- Traffic citations
- Medical malpractice
- Legal malpractice
- Wrongful death
- Serious personal injury
- Product liability
- Breach of contract
Who is running?
Seven of 10 Fulton County State Court judges are up for election this May. All seven — Diane Bessen, Jane Morrison, John Mather, Myra Dixon, Patsy Porter, Susan Edlein and Wesley Tailor — are running unopposed.
