United States:
Georgia Supreme Court Chief Justice Announces Surprise Resignation; Governor Kemp quickly appoints replacements
March 01, 2022
Freeman Mathis & Gary
To print this article, all you need to do is register or log in to Mondaq.com.
Chief Justice of the Georgia Supreme Court David E. Nahmias filed a letter to Gov. Kemp on Feb. 11 announcing that he would be stepping down from office at the end of the court’s term on July 17. Justice Michael Boggs will take over as the court’s next Chief Justice. Judge Nahmias was appointed to the court by former Governor Sonny Perdue in 2009 and was re-elected in 2010 and 2016. He stood for re-election again in May. Judge Nahmias’ announcement came as a surprise given that he is relatively young (he is 57 years old), only became Chief Justice last July and only publicly announced his intention to remain with the Court in October. In his letter of resignation, Judge Nahmias indicated that he wanted to spend more time with his family and “start a new (and perhaps final) chapter in my legal career.”
Judge Nahmias’ influence on the Court and more generally on Georgian law cannot be overstated. Judge Nahmias has written more than 470 opinions and joined another 2,700 opinions. More important than the number of decisions, however, is the fact that Judge Nahmias has been a compelling intellectual force at the court and has played a crucial role in the court’s increasing willingness during his tenure to override precedent to rectify what he and a The majority of the judges who reached the conclusion were erroneous decisions. During his tenure at the Court, Justice Nahmias authored or endorsed a number of decisions that overturned precedents in various areas of the law, including constitutional law, criminal law, sovereign immunity in civil matters and appellate proceedings.
Almost as surprising as Judge Nahmias’ resignation is the speed with which Governor Brian Kemp named his replacement in court. Just three days after Judge Nahmias announced his resignation, Governor Kemp named Georgia Circuit Court of Appeals Judge Andrew Pinson, 35, to succeed Judge Nahmias. Although Judge Pinson is young, he already has a distinguished legal career behind him. Judge Pinson worked alongside US Supreme Court Justice Clarence Thomas and former DC Circuit Chief Judge David B. Sentelle.
Judge Pinson practiced in the Appellate Division of a national law firm (Jones Day) as an Associate before being appointed Deputy Solicitor General in 2017. Judge Pinson was appointed solicitor general in 2018 and appointed to the Court of Appeals on August 31. 2021. During his relatively short tenure as Solicitor General, Judge Pinson was involved in two significant cases that reached the US Supreme Court. In one such case, Judge Pinson and his team convinced a special judge appointed by the US Supreme Court to recommend in December 2019 that the US Supreme Court dismiss Florida’s claim that Georgia was consuming more than its fair share of water from a network of rivers flows from Georgia to Florida, damaging Florida’s oyster basins. On April 1, 2021, the US Supreme Court unanimously dismissed Florida’s objections to the Special Master’s report. In the other case, the U.S. Supreme Court ruled in March 2021 that two Georgia Gwinnett College students who had successfully persuaded school officials to change campus policies and limit evangelism activities could still pursue a lawsuit against school officials who only claim nominal damages. Judge Pinson presented a hearing on behalf of the school officials in this case. In a third notable case, Judge Pinson represented the state in the Eleventh Circuit Court, appealing a district court decision invalidating a state law that would prohibit abortions after a fetal heartbeat was detected. That appeal was stayed pending the U.S. Supreme Court’s decision in a case challenging the viability of Roe v. Wade is being questioned.
Time will tell whether the resignation of Justice Nahmias and the appointment of Justice Pinson to the Georgia Supreme Court to replace him will have a material impact on the Court’s future rulings.
The content of this article is intended to provide a general guide to the topic. In relation to your specific circumstances, you should seek advice from a specialist.
POPULAR ARTICLES ABOUT: Litigation, Mediation and Arbitration from the United States
