A petition filed in Burke County Superior Court against newly-appointed Judge Jesse Stone has
gained traction and may have to be decided by the Georgia Supreme Court.
The petition obtained by The Augusta Press was filed by Maureen O. Floyd who is a retired
local attorney; however, it seems to have the support of several local attorneys as well. In the brief, Floyd files the petition as a Quo Warranto, which is a specific legal action asking for the review of an election or appointment that may violate the Georgia Constitution.
MORE: Kemp Judge Appointment Draws Controversy.
At issue is the appointment of Jesse Stone from Burke County to replace retired Judge Michael Annis who stepped down from his post in February of 2020.
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The petition claims that Governor Brian Kemp waited until after the term held by Annis expired at the end of 2020 to make an appointment. Stone was not appointed until February of 2021, a full year after Annis stepped down, and the plaintiff charges that by waiting, the Governor illegally appointed Stone to a seat that was no longer actively vacant and that an election should have been called instead.
Floyd contends that under Article 6, section 7, paragraph 1 of the Georgia Constitution specifically states “(A)ll Superior Court and state court judges shall be elected on a nonpartisan basis for a term of four years…The terms of all judges thus elected shall begin the next January 1 after their election.”
The petition argues that if Stone was illegally placed on the bench, then any decisions of “authority” would be illegal as well.
Floyd presents herself as having standing as both a retired attorney and a citizen and “is concerned about the effect of any judicial rulings (Stone) may give and whether or not they will be effective.”
Stone was sworn in February 22 and is now considered an active judge in the circuit. The petition cites Kemp v. Gonzalez as case law showing where the Governor and Secretary of State violated state law by barring Deborah Gonzalez from the ability to qualify for the November 2020 election running for a district attorney slot.
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Federal Court sided with Gonzalez in the matter, stating the Governor could not appoint someone for an expired term. Retired Senior Judge Michael Karpf of Chatham County is set to begin hearing arguments in the case; however, considering the circumstances, the Georgia Supreme Court may be the final arbiter.
Such a case is extremely rare and so far the Supreme Court has never ruled on a case involving Quo Warranto against a Superior Court Judge.
More: Kemp Leaves Judicial Appointments Vacant
“They are really the only ones that can decide this,” Long says.
The Augusta Press has been unable to reach Floyd despite multiple requests. Her attorney representing on the petition, Joe Rhodes, issued a “no comment” through a spokesperson.
Scott Hudson is the Editorial Page Editor of The Augusta Press. Reach him at scott@theaugustapress.com
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