Georgia high court election cancellation headed for appeal
Class Action News
A would-be candidate for a seat on Georgia's highest court on Wednesday asked the state's lower appeals court to step in after a judge this week said the governor had the right to fill the position even though a judge who's resigning won't leave until November.
Georgia Supreme Court Justice Keith Blackwell, whose six-year term ends in December, told Gov. Brian Kemp last month that he planned to resign but would remain on the bench until Nov. 18. Kemp's office then told Secretary of State Brad Raffensperger that the Republican governor intended to fill the seat by appointment, and Raffensperger canceled the scheduled May 19 election for the position.
John Barrow, a former Democratic congressman from Athens, and former Republican state lawmaker Beth Beskin of Atlanta had both planned to challenge Blackwell. They filed separate lawsuits in Fulton County Superior Court saying the election had been illegally canceled and asking a judge to order Raffensperger to put it back on the calendar and allow candidates to qualify.
Judge Emily Richardson on Monday ruled that according to the Georgia Constitution and state law, Blackwell's seat became vacant Feb. 26, when Kemp signed a letter accepting the justice's resignation. Raffensperger was no longer required to hold an election for the seat once the governor signaled his intent to appoint someone to fill it, she wrote.
Even though the effective date of Blackwell’s resignation is after the May election, it is still within his current term, which ends Dec. 31, meaning Kemp has the authority under the state Constitution to fill the vacancy by appointment, Richardson wrote.
Barrow on Wednesday filed an emergency request with the Georgia Court of Appeals, arguing that Richardson was wrong and asking the court to take up the case. Beskin's lawyer, Cary Ichter, said in an email that they intend to do the same on Thursday.
Related listings
-
Transgender woman in Supreme Court case 'happy being me'
Class Action News 09/25/2019Aimee Stephens lost her job at a suburban Detroit funeral home and she could lose her Supreme Court case over discrimination against transgender people. Amid her legal fight, her health is failing.But seven years after Stephens thought seriously of s...
-
Attorneys: Court seat puts Montgomery in far different role
Class Action News 09/11/2019Attorneys say Gov. Doug Ducey's appointment of now-former Maricopa County Attorney Bill Montgomery to the Arizona Supreme Court puts Montgomery in a new role that could silence his public advocacy on policy issues.Montgomery for years has been a powe...
-
Supreme Court sides with Alabama company in patent dispute
Class Action News 06/04/2019The Supreme Court sided Monday with an Alabama technology company over the U.S. Postal Service in a patent dispute.The dispute before the justices had to do with U.S. Patent No. 6,826,548. That's the patent Birmingham-based Return Mail has for a syst...
New Rochelle, New York Personal Injury Lawyers
If you or a loved one has been injured in an accident, contact Kommer, Bave & Ollman, LLP, in New Rochelle, New York, immediately. We can answer all your questions and work with you to determine if you have the grounds for a personal injury lawsuit. The attorneys at our firm are determined to resolve even the most difficult of cases. We will work closely with you to determine the best course of action to get your claim or case resolved in the most efficient way possible. We will fight for your right to compensation! No one should have to suffer a financial burden from the result of another person’s carelessness. The attorneys at Kommer, Bave & Ollman, LLP will aggressively fight to ensure that justice is served on your behalf.