Georgia currently does not allow any form of citizen-initiated ballot measures, so all ballot measures must be referred by the legislature.
On November 8th four Constitutional Amendments will be on the ballot. Amendment 3 abolishes the existing Judicial Qualifications Commission and requires the General Assembly to replace it with a new Judicial Qualifications Commission and provide for the composition, manner of appointment, governance, powers and duties, procedures, and open meetings of such reformed commission, with such commission having the power to discipline, remove, and cause involuntary retirement of judges as provided in the Constitution, and for Supreme Court review of the commission’s opinions and procedures. It amends Article VI, Section VII, Paragraph VI and Article VI, Section VII, Paragraph VII of the Georgia Constitution.”
In other words, it will abolish the currently independent Judicial Qualifications Commission and replace it with one governed by the General Assembly. I see a problem with this, especially when I look at the fact that State Representative Johnnie Caldwell co-sponsored this Amendment.
State Representative Johnnie Caldwell used to be Fannin County Superior Court Judge Johnnie Caldwell, who was District Attorney Johnnie Caldwell prior to that. He was also forced to step down from the bench because the Judicial Qualifications Commission was investigating him for allegations of sexual misconduct in his courtroom and chambers. Judge Caldwell abruptly stepped down, writing in his resignation letter to the governor that he wanted to spend more time with his grandchildren. He also promised the Judicial Qualifications Commission that he would never run for judge again.
But he didn’t promise “not” to run for The State House of Representatives. So he did, and he won. Now it appears he is using that seat to exact revenge on the Commission that forced his resignation and bring it under the control of lawmakers such as himself.
I still know a few judges around the state, and I’ve discussed this issue with several of them. The general consensus is this is a bad amendment. One flatly stated, “It’s bullshit”.
In the last 10 or so years, more than 60 corrupt Georgia judges have left the bench because of their misconduct, and their resignations have been largely a direct result of investigations by the Judicial Qualifications Commission. Personally, I’m a little disappointed some of them weren’t prosecuted, but that’s for another day.
Allowing the General Assembly to create a “NEW” Judicial Qualifications Commission would not only violate the principle of “If it ain’t broke, don’t fix it”, it would allow Legislators of Caldwell’s ilk to control that Commission.
So I’m asking my friends and others who agree, to make sure you get to the polls on November 8th and vote NO on Proposed Constitutional Amendment 3. The question on the ballot will read:
| “ | Shall the Constitution of Georgia be amended so as to abolish the existing Judicial Qualifications Commission; require the General Assembly to create and provide by general law for the composition, manner of appointment, and governance of a new Judicial Qualifications Commission, with such commission having the power to discipline, remove, and cause involuntary retirement of judges; require the Judicial Qualifications Commission to have procedures that provide for due process of law and review by the Supreme Court of its advisory opinions; and allow the Judicial Qualifications Commission to be open to the public in some manner?
( ) YES ( ) NO |
” |
A Corrupt Mind is A Corrupt Mind, whether it’s on the bench or in a Legislative Seat.
Tom's Take On It 