Judges in Georgia are selected two ways: voters elect them in nonpartisan elections, and the governor appoints replacements when a seat opens up mid-term. Supreme Court justices and Court of Appeals judges serve six-year terms; superior court and state court judges serve four-year terms. Anyone the governor appoints must stand before voters at the next eligible general election to keep the seat.
Nonpartisan Elections Are the Default
Georgia law requires candidates for the Supreme Court, Court of Appeals, superior courts, and state courts to appear on the ballot in nonpartisan elections. No candidate for these offices can run as a political party nominee, a political body candidate, or an independent under a party label.1Justia. Georgia Code 21-2-138 – Nonpartisan Elections for Judicial Offices Candidates campaign on their legal experience and judicial philosophy, and voters see no party label next to a name.
These races are held alongside the general primary in each even-numbered year, not during the November general election, which trips up many voters.1Justia. Georgia Code 21-2-138 – Nonpartisan Elections for Judicial Offices Supreme Court and Court of Appeals contests are statewide. Superior court elections are held within the judicial circuit where the judge will serve.
Winning Requires a True Majority
A judicial candidate has to win more than half of the votes cast, not simply the most votes. When three or more candidates run for the same seat and no one clears that threshold, a runoff takes place 28 days later between the top two vote-getters, and whoever leads the runoff wins.2Justia. Georgia Code 21-2-501 – Number of Votes Required for Election; Runoff
If one of the two runoff-eligible candidates withdraws, dies, or is found ineligible before the runoff, the next highest vote-getter moves into the second spot.2Justia. Georgia Code 21-2-501 – Number of Votes Required for Election; Runoff
How Long Each Seat Lasts
Term lengths are set by the Georgia Constitution, Article VI, Section VII, and they vary by court:3Justia. Georgia Constitution Article VI
- Supreme Court justices: six years
- Court of Appeals judges: six years
- Superior court judges: four years
- State court judges: four years
Six-year terms for appellate judges provide some insulation from election-cycle pressure on politically sensitive cases. The four-year cycle for trial court judges keeps them more directly accountable to the communities they serve. When a term expires, the judge has to win reelection to stay on the bench.
When a Seat Opens Mid-Term
If a judge retires, resigns, or otherwise leaves the bench before a term ends, the governor appoints a replacement rather than leaving the seat empty. The governor picks from a list of qualified candidates compiled by the Judicial Nominating Commission, though the governor is not legally bound by the commission’s recommendations and may appoint someone not on the list.4Judicial Nominating Commission. Judicial Nominating Commission Across periods with multiple vacancies, that gives a sitting governor significant influence over the composition of the judiciary.
Appointments do not lock a judge in for the rest of the predecessor’s term. The appointee must run in the next general election held at least six months after the appointment. Win, and the judge finishes the original term. Lose, and the appointed judge is replaced. The rule keeps gubernatorial appointments from becoming permanent back-door placements.
What the Judicial Nominating Commission Does
The JNC reviews applications and recommends candidates to fill vacancies on the state courts, superior courts, and appellate courts.4Judicial Nominating Commission. Judicial Nominating Commission Its members are appointed by the governor. For each vacancy the commission evaluates applicants on legal experience, ethical record, and judicial temperament, then forwards a shortlist. It adds a vetting layer that a purely political appointment would lack, even though the governor keeps final discretion.
Lower Courts That Do Things Differently
Georgia has five classes of trial-level courts — superior, state, probate, juvenile, and magistrate — and not all of them fill the bench the same way.5Georgia.gov. The Three Branches of Georgia’s State Government Superior court and state court judges follow the nonpartisan election model described above. The rest vary:
- Probate court judges are elected to four-year terms. Individual counties decide whether those elections are partisan or nonpartisan.
- Juvenile court judges are typically appointed by the superior court judges of the circuit and serve four-year terms. Floyd County is the lone exception, where the juvenile court judge is elected.
- Magistrate judges are either elected or appointed depending on the county, and term lengths vary. Elections may be partisan or nonpartisan.
To confirm how a particular court in your county fills its bench, the local superior court clerk’s office is the best resource.
Who Qualifies to Be a Judge
The Georgia Constitution sets a floor. Any candidate for the Supreme Court, Court of Appeals, or superior courts must have been admitted to practice law in Georgia for at least seven years, and the same seven-year requirement applies to the statewide business court. Every judge must live within the geographical area where the court sits.3Justia. Georgia Constitution Article VI The General Assembly can add further qualifications by statute, including minimum residency periods.
Beyond those constitutional minimums, candidates are expected to meet the ethical standards laid out in the Georgia Code of Judicial Conduct, and any ethical issues in a candidate’s professional history draw scrutiny from the Judicial Nominating Commission during the appointment process and from voters during an election campaign.