Clark v. Deal (And Vice Versa)
298 Ga. 893
| Ga. | 2016Background
- Act No. 138 (HB 279) created three new Court of Appeals seats, raising total to 15 judges.
- OCGA § 15-3-4(b) provides that the new seats “shall be appointed by the Governor” for a defined term.
- Governor Deal appointed Mercier, Peterson, and Rickman to the new seats before they took office.
- Clark challenged the appointments as unconstitutional, seeking declaratory relief, injunction, TRO, and a writ of quo warranto.
- The trial court held gubernatorial appointment to newly created seats permissible under the 1983 Georgia Constitution; Clark appealed.
- By the time of Supreme Court consideration, the new judges had taken office; portions seeking injunction and declaratory relief were moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether OCGA 15-3-4(b) is constitutional. | Clark asserts elections must fill new seats. | Deal argues governor may appoint to new seats per Article VI. | Constitutional; governor may appoint to new seats. |
| Whether a newly created seat qualifies as a vacancy under Article VI, § VII, III. | Clark says vacancy excludes new seats. | Deal contends vacancy includes newly created positions. | Vacancy includes newly created seats. |
| Whether historical practice supports gubernatorial appointment to new seats. | Clark relies on older practice and constitutional text to require elections. | Deal argues post-1945 practice allows appointment to new seats. | Historical practice supports appointment to newly created seats. |
| Whether the declaratory/injunction portions against the Governor are moot. | Clark sought to block appointment and oath; still real. | Appointees and oath occurred; relief moot. | These portions moot; only writ of quo warranto viable. |
Key Cases Cited
- Board of Commrs. of Richmond County v. Cooper, 259 Ga. 785 (1990) (Mootness and abstract questions limit injunctive relief)
- Chastain v. Baker, 255 Ga. 432 (1986) (vacancy and eligibility considerations surrounding public offices)
- Perdue v. Palmour, 278 Ga. 217 (2004) (governor’s appointment authority in vacancy context)
- Hooper v. Almand, 196 Ga. 52 (1943) (vacancy meaning tied to term interruption)
- Pittman v. Ingram, 184 Ga. 255 (1937) (vacancy concept linked to unexpired term notions)
- DeKalb County School Dist. v. Ga. State Bd. of Ed., 294 Ga. 349 (2013) (legislative history as contextual evidence of constitutional meaning)