It could be some time yet before Mountain Judicial Circuit District Attorney Brian Rickman is sworn in as a state appellate court judge. That’s because a Fayetteville attorney has asked the Supreme Court of Georgia to stop Governor Nathan Deal from swearing in Rickman and two other appointees as judges on the Georgia Court of Appeals until the high court hears an appeal of a ruling declaring the appointments constitutional.
READ: Court of Appeals Appointments Ruled Constitutional
According to the Daily Report, Attorney Wayne Kendall filed the emergency motion less than 24 hours after Fulton County Superior Court Judge John Goger issued an order that would have allowed the swearing-ins — originally slated for December 8th — to move forward. Kendall also filed a notice that he will appeal Goger’s ruling.
Kendall argued before Judge Goger that Gov. Deal does not have the constitutional right to appoint the justices and that they should, by law, be elected. Judge Goger rejected that argument and upheld the governor’s authority to fill the vacancies that were created when the Georgia General Assembly expanded the state court of appeals from 12 to 15 justices.
In a 25-page order issued on December 10th, Goger rejected Kendall’s arguments that the governor has no constitutional authority to fill the vacancies, which were created when the Georgia General Assembly voted to expand the court earlier this year.Goger noted that the state’s 1945, 1976 and 1983 Constitutions give the governor authority to fill vacancies on the state Court of Appeals through appointment and that, since 1960, newly created judgeships have initially been filled by gubernatorial appointment.
Kendall sued the governor last month on behalf of three attorneys, a former Macon city commissioner and a Douglasville minister. No word at this point as to whether the state supreme court will hear the case.
