Every voter in the midterm primary election will see nonpartisan judicial races on their ballot, no matter whether you select a Republican, Democratic, or nonpartisan ballot.
In fact, if you select a nonpartisan ballot, these are the only races you will see.
These races will be decided on May 19.
Most voters don’t know much about judges or what the different courts do, which is one reason judicial elections produce so little turnover. This explainer will give you some guidance.
Judicial elections, while technically nonpartisan, are not immune to partisan influence. Many judges on Georgia’s appellate and superior courts are appointed by the current governor, whether Republican or Democrat. If a judge serves their full term, there is an election for their seat, but many will instead choose to vacate their seat early to allow the governor to appoint their successor. And once appointed, judges are rarely challenged at the ballot box.
This year, however, there are a few notable challenges to incumbent judges, from the Georgia Supreme Court and the Court of Appeals to more local elections for superior, state, and magistrate court judges.
Georgia Supreme Court
The state’s highest court hears appeals of both criminal and civil cases, and its decisions are final. Constitutional challenges to state laws come directly to the Georgia Supreme Court from a trial court, without stopping at the Georgia Court of Appeals. So do appeals on murder cases and habeas corpus petitions from people challenging their imprisonment. Justices serve six-year terms.
A notable example of a state law challenge is Georgia’s “heartbeat bill,” the six-week abortion ban signed into law by Gov. Brian Kemp in 2019. Fulton County Superior Court Judge Robert McBurney struck down the law in 2020 on grounds it violated the state constitution’s right to privacy. But in 2022, vthe Georgia Supreme Court reversed the lower court’s ruling on appeal, allowing the law to take effect.
Three of the nine Georgia Supreme Court justices are up for reelection on May 19. Justice Ben Land is running unopposed, but Justices Charlie Bethel and Sarah Warren face progressive challengers:
- Miracle Rankin, a plaintiff’s lawyer at Morgan & Morgan, is challenging Bethel.
- Former Democratic state Sen. Jen Jordan, a trial lawyer at Jordan & Woodward, is opposing Warren.
Georgia Court of Appeals
The Georgia Court of Appeals is generally the first stop for cases appealed from local trial courts. Appellate judges serve six-year terms. Five of the 15 Court of Appeals judges are up for reelection. Judges Sara Doyle, D. Todd Markle, and J. Wade Padgett are running unopposed, but Judges Elizabeth Gobeil and E. Trenton Brown have drawn challengers:
- Fulton County Deputy District Attorney Will Wooten is running against Brown.
- Family law attorney Fatima Harris Felton is challenging Gobeil.
Superior Court
Each of Georgia’s 159 counties has its own superior court, which are the state’s highest level trial courts. They have general jurisdiction over criminal and civil matters — and they are the only trial courts that hear family law matters, felony criminal cases, and land disputes. Superior court judges are elected in circuit-wide races to four-year terms.
Probate Court
Each Georgia county has a probate court with a judge who handles wills, estates, marriage licenses, and guardianship cases. Probate court judges are elected to four-year terms.
State Court
Many of Georgia’s larger counties generally have a state court. These courts handle misdemeanor criminal cases, traffic violations, and civil cases not reserved for superior courts. That could be business disputes, such as a breach of contract case, or torts, which are personal injury or property damages cases. State court judges are elected to four-year terms.
Magistrate Court
These are county courts that handle small claims of up to $15,000, landlord-tenant disputes, including evictions, and debt collections. They can issue warrants, oversee first appearance hearings for defendants and set bonds. They also hear cases about county ordinance violations. These judges settle matters without a jury trial. The chief magistrate is usually elected in each county and serves a four-year term.
