The Georgia General Assembly, during its last hour, passed legislation that strips the Judicial Qualifications Commission— the state’s judicial watchdog agency– of its State Bar appointees. But that’s if voters ratify the measure at the ballot box in November.
Former State Bar President Lester Tate, who chairs the JQC, is accused of cavalier and heavy-handed handling of complaints against judges by some fellow JQC members and key legislators. The state House of Representatives Judiciary Committee chairman labels Tate “toxic’ and other lawmakers say he plays favorites based on his political agenda. Those sentiments are why the reform bill passed.
Tate, a well-known Democrat, is of course furious about what the GOP-dominated legislature did. InsiderAdvantage is told he may seek to prevent current or former JQC members or staff from discussing JQC policies with state legislators, and Tate and his State Bar allies may also seek to wage a media campaign urging voters to reject ratification. On the other hand, some within the State Bar are now urging Tate to resign as head of the JQC because he is tainting the organization and its influence.
House Bill 808 assigned the speaker of the House and the lieutenant governor two JQC appointments each, giving the legislature a majority of the nominations for the seven-member panel. The legislation also gives the governor authority to appoint the JQC chairman.
Unfortunately, the newly-reconstituted JQC under this bill may be more secretive than it is now. In fact, a motion was recently offered by two JQC members to open the meetings to the public, but it was defeated by a majority vote. The new bill exempts the JQC from the state’s public record laws. However, Sen. Charlie Bethel, R-Dalton, and other lawmakers say changes may be made in the General Assembly next year to ensure more transparency.
If Gov. Nathan Deal signs the bill into law, and voters approve the amendment, the JQC will be composed of:
• A member of the State Bar of Georgia appointed by the governor to be chairman;
• Two judges named by the Supreme Court;
• And four commissioners chosen— two each— by the speaker and the lieutenant governor with each choosing one bar member and one lay member.
The lawyers selected by the speaker and the lieutenant governor would be appointed from a list of 10 nominees recommended by the bar. If none of those candidates is acceptable, the bar would submit a second list.
The legislation also requires that all nominees— including those from the governor and the Supreme Court—must be submitted to the state Senate for approval by the third week in January, or they will be considered ineligible for a commission seat.
The legislation will also allow six members of the commission to vote to remove another member. And no individual member may initiate an investigation of a sitting judge without first presenting it to the full panel.
