Clark v. Hunstein
291 Ga. 646
Ga.2012Background
- Clark filed a petition in this Court for a writ of mandamus to compel Chief Justice Hunstein to rule on his habeas corpus certificate of probable cause in Clark v. Roberts, S11H0785.
- The Attorney General moved to dismiss, arguing the petition should have been filed in superior court under Brown v. Johnson and Graham v. Cavender.
- The Court held that dismissal under Brown is not the proper disposition and that mandamus cannot lie against this Court or its Justices.
- Historical analysis: mandamus historically ran from a higher to a lower court; the 1983 Constitution granted original mandamus jurisdiction to this Court and the Court of Appeals but did not authorize mandamus against the Court itself.
- The Court ultimately dismissed Clark’s petition for mandamus against Chief Justice Hunstein, noting the Court cannot be mandamused and Hunstein disqualified; the decision was by the Court with concurrence except for Hunstein, C.J., who was disqualified.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Brown procedure applies to mandamus against this Court | Clark argues Brown applies to mandamus petitions | AG argues Brown is inapplicable to this Court | Brown does not apply to this Court |
| Whether mandamus lies against this Court or its Justices | Clark seeks mandamus against Chief Justice Hunstein | There is no authority to mandamus this Court or its Justices | Mandamus does not lie against this Court or its Justices; petition dismissed |
| Whether the petition should be dismissed on the basis of lack of jurisdiction | Clark seeks relief from this Court | Court lacks power to mandamus itself | Petition dismissed for lack of mandamus against the Court |
Key Cases Cited
- Graham v. Cavender, 252 Ga. 123 (Ga. 1984) (mandamus procedure for petitions against judges; historical context cited)
- Brown v. Johnson, 251 Ga. 436 (Ga. 1983) (procedural pathway for mandamus against superior court judges)
- Shreve v. Pendleton, 129 Ga. 374 (Ga. 1907) (historical discussion of mandamus limits in hierarchical courts)
- Banks v. Benham, 270 Ga. 91 (Ga. 1998) (mandamus against this Court’s Justices disapproved; decisions not subject to mandamus)