Judge bars Georgia judicial panel’s disclosure of Supreme Court candidates’ misconduct allegations
A federal judge in Georgia barred the state judiciary committee from commenting publicly on judicial conduct rule violations; The panel said it processed two Democratic-backed state Supreme Court nominees ahead of Tuesday’s election.
U.S. District Judge Leslie Gardner issues a temporary restraining order. The decision was made on Monday The special committee convened by the Georgia Judicial Qualifications Commission (JQC) was not allowed to issue a statement on Sunday accusing Miracle Rankin and Jen Jordan of violating judicial conduct rules after they campaigned together and attended reproductive rights events, the Georgia Judicial Qualifications Commission (JQC) said.
The JQC panel tasked with reviewing complaints of judicial misconduct issued statements over the weekend accusing the two candidates, both backed by high-profile Democrats, of violating a Georgia law that bars judicial candidates from supporting each other in elections.
The committee also found that the duo violated another rule that states candidates cannot make promises or commitments on matters that may come before the court, after attending events supporting reproductive rights and communicating that they would “restore abortion rights” if elected.
“The Special Committee’s findings do not constitute a final determination by the JQC and this complaint, as well as other campaign conduct not addressed in this complaint, may be referred to the full Investigation Panel for other appropriate action in accordance with the JQC Rules,” the committee wrote.
The panel also noted that Jordan had announced support for a reproductive rights group on social media.
In Monday’s decision, Gardner blocked the special committee from making a statement on Sunday, noting that candidates were allowed to weigh in on the issues while refraining from saying how they would rule on a case.
“Accordingly, Plaintiffs’ speech regarding ‘reproductive rights,’ abortion, or seeking endorsement or support from pro-abortion platforms, ‘EMILY LIST,’ or other organizations (not directly representing a political party) is protected by the First Amendment. Here, none of the language cited by Defendants in the JQC Letters contains express commitments,” Gardner wrote.
Gardner, who is the sister of former Georgia gubernatorial candidate Stacey Abrams (D), also said judicial candidates would suffer “immediate and irreparable” harm from the special committee’s statement “in the final days of a ‘hot election,’ in the absence of the procedural safeguards set forth in the JQC Rules or the opportunity for review by the Georgia Supreme Court.”
But a federal judge rejected the candidates’ request to end the ongoing judicial misconduct investigation.
Rankin and Jordan will compete against Judge Charlie Bethel and Judge Sarah Warren, respectively, on the Georgia supreme court on Tuesday. Only one of the court’s nine justices was not appointed by a GOP governor.
The election is not partisan in name only. Rankin and Jordan are backed by liberal groups, while Bethel and Warren, both appointed by former Gov. Nathan Deal (R-Ga.), are backed by conservative groups.
While the special committee said their Sunday announcement was not a final decision, the move could have major implications for Rankin and Jordan, especially if they win their Tuesday contests.
Jordan criticized the committee’s findings, saying the move was “unconstitutional” and “a purely political move to keep voters in the dark.”
“My speech is absolutely protected by the First Amendment and is absolutely necessary for voters to be able to make an informed decision,” he said. “Period.”
In his statement, Rankin also claimed that the movement was also political.
“The United States Supreme Court has long recognized that the public has the right to hear the views of judicial nominees,” he said. “They chose to attack my campaign because my message resonates with voters—judges should serve all Georgians without fear or favor.”
Charlie Bailey, chairman of the state’s Democratic Party, also said in a statement, “The United States Supreme Court has long recognized that the public has the right to hear the views of judicial candidates. They chose to attack my campaign because my message resonates with voters; judges should serve all Georgians without fear or favor.”
Once sleepy, more local elections, state Supreme Court races have only grown in importance in recent years. Contests in battleground states have become flashpoints as the high court often weighs in on hot-button issues like redistricting, abortion access and union rights.
Former President Obama and former Vice President Harris specifically supported Rankin and Jordan, while Georgia Governor Brian Kemp (R) supported Bethel and Warren.
Sen. Chris Murphy (D-Conn.), seen as a potential White House hopeful and the party’s rising star, said he also donated $15,000 to a group supporting Jordan and Rankin.
Republicans can’t take Tuesday’s race lightly as liberals face an uphill battle to overturn conservatives’ control of the Georgia Supreme Court. Last year, two Democrats won seats on the Georgia Civil Service Commission in a major upset.
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