Changes on table for Supreme Court
By Brandon Larrabee| Morris News Service
Tuesday, November 28, 2006

ATLANTA - Sweeping changes to the Georgia Supreme Court could be made in the coming legislative session after stinging defeats of conservative candidates in the past two judicial elections, according to those involved in the discussions.

At the behest of Republican leaders, the Southeastern Legal Foundation has begun examining ways to transform the court, including adding as many as two justices to the seven-judge bench and returning the elections to partisan contests, according to the group.

It isn't clear how much support either approach has, though the Republican chairman of the House Judiciary Committee said he doesn't see partisan elections returning.

Shannon Goessling, the executive director of the foundation, confirmed that the conservative group had been asked by "legislative leadership" and some national organizations to look into ways of revamping the court. She wouldn't offer specifics about who had requested the look.

"We're pursuing it with vigor and appreciate being asked," Ms. Goessling said.

Expanding the court and making the elections partisan again are just two of several ideas under consideration, Ms. Goessling said. Other options include electing the court from geographic districts, placing term limits on judges and tightening conflict-of-interest rules.

The review could be completed by the end of the year, Ms. Goessling said.

One argument for expanding the court is to account for a greater caseload brought on by the state's booming population.

"That would ... probably justify the addition of a couple more justices to the Supreme Court of Georgia," said House Majority Whip Barry Fleming, a Harlem Republican and member of the House Judiciary Committee.

An increased workload would be the only reason for expanding the court, say some groups who are wary of the change.

"I'm suspicious of the motives of expanding the court," said Bill Bozarth, the executive director of Common Cause Georgia, a good government group.

Among those supporting possible changes to the court is the Safety and Prosperity Coalition, a group that supports laws restricting medical malpractice lawsuits and was a major player in the effort to defeat current Justice Carol Hunstein's bid for re-election against Mike Wiggins.

"The clear advantage of that is to get a more fair and balanced judiciary," Eric Dial, the chairman of the coalition, said of the possible expansion. "Right now, we don't have that."

Gov. Sonny Perdue's press secretary said the governor was aware of the proposals dealing with the Supreme Court, but Heather Hedrick wouldn't say whether Mr. Perdue would include any of the changes as part of his legislative package for the session beginning in January.

Returning to partisan elections is probably a nonstarter, said House Judiciary Chairman Wendell Willard, R-Atlanta, at least in part because it would require a two-thirds vote of both chambers of the General Assembly and would require approval by referendum.

"As a lawyer, being a Republican, I don't want to have my client being uncomfortable going before a judge that was elected as a Democrat," he said.

Mr. Willard also said he would prefer looking at expanding the Court of Appeals, as was done in recent years, before considering a boost in the size of the Supreme Court.

Others, including Common Case and the League of Women Voters of Georgia, are crafting a proposal that would create a public financing system for judicial campaigns, removing both money from lawyers who might later come before the court and parties that have increasingly participated in judicial elections through tactics like "multicandidate ads."

Reach Brandon Larrabee at (404) 681-1701 or brandon.larrabee@morris.com.

THE IMPACT

Adding judges to the state's high court could help move cases through the system more quickly, which would be a plus as the state's population grows and the number of cases increases. Adding judges to the court is one of several changes being considered.

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