A federal judge in Georgia has barred the state Judiciary Commission from commenting publicly on violations of judicial conduct rules it said two Democratic-backed candidates for the state Supreme Court committed violations ahead of Tuesday’s election.
U.S. District Judge Leslie Gardner issued a temporary restraining order on Monday, ruling that a special committee convened by the Georgia Judicial Qualifications Commission (JQC) cannot issue a statement on Sunday alleging that Miracle Rankin and Jen Jordan violated judicial conduct rules after campaigning and attending reproductive rights events together.
The JQC panel, which reviews complaints of judicial misconduct, issued a statement over the weekend accusing the two candidates, both backed by prominent Democrats, of violating a Georgia statute that prohibits judicial candidates from endorsing each other in elections.
The committee also found that the two violated another rule that candidates cannot make promises or guarantees on issues that may come before the courts because they both attended events supporting reproductive rights and said they would “restore abortion rights” if elected.
“The Special Committee’s findings do not constitute a final decision by the JQC and this complaint, and other campaign conduct not covered by this complaint, may be referred to the full investigating panel for other appropriate action under the JQC’s rules,” the committee wrote.
The group also noted that Jordan promoted support for reproductive rights groups on social media.
In Monday’s ruling, Gardner blocked the select committee from issuing Sunday’s statement, noting that candidates can speak out on issues but cannot reveal how they will rule on cases.
“Thus, plaintiffs’ speech regarding ‘reproductive rights,’ abortion, or endorsement or support from pro-abortion platforms, ‘EMILYs LIST,’ or other organizations (not directly representing political parties) is protected by the First Amendment. Here, none of the language cited by defendants in the JQC letter contains an explicit commitment,” Gardner wrote.
Gardner, the sister of former Georgia gubernatorial candidate Stacey Abrams (D), also said that “without the procedural safeguards under the JQC Rules and the opportunity for review by the Georgia Supreme Court in the final days of a ‘hotly contested election,’ judicial candidates will suffer ‘immediate and irreparable’ harm from the select committee’s announcement.”
However, a federal judge rejected the candidate’s request to end an ongoing judicial misconduct investigation.
On Tuesday, Rankin and Jordan will face Judges Charlie Bethel and Sarah Warren, respectively, vying for seats on the Georgia High Court. All but one of the nine justices on the Supreme Court was not appointed by a Republican governor.
This election is nonpartisan in name only. Rankin and Jordan received support from liberal groups, while Besser and Warren, appointees of former Gov. Nathan Deal (R-Ga.), received support from conservative groups.
While the special committee noted that their announcement Sunday was not the final verdict, the move could have significant ramifications for Rankin and Jordan, especially if they win Tuesday’s game.
Jordan slammed the committee’s findings, calling the move “unconstitutional” and “purely a political move to keep voters in the dark.”
“My speech is absolutely protected by the First Amendment and is absolutely necessary for voters to be able to make informed decisions,” she said. “period.”
Rankin also suggested in a statement that the move was also political.
“The U.S. Supreme Court has long recognized the public’s right to hear from judicial nominees,” she said. “They chose to attack my campaign because my message resonated with voters — that judges should serve all Georgians without fear or favor.”
State Democratic Party Chairman Charlie Bailey also blasted the accusations, saying in a statement, “The U.S. Supreme Court has long recognized the public’s right to hear from judicial candidates. They chose to attack my campaign because my message resonates with voters – that judges should serve all Georgians without fear or favor.”
State Supreme Court races — once dull, more local elections — have become increasingly important in recent years. The race in the battleground state has become a flashpoint as the high court frequently weighs in on key issues such as redistricting, abortion access and union rights.
Former President Obama and former Vice President Harris specifically endorsed Rankin and Jordan, while Georgia Gov. Brian Kemp (R) endorsed Besser and Warren.
Sen. Chris Murphy, D-Conn., seen as a potential White House candidate and a rising star in the party, said he also donated $15,000 to organizations supporting Jordan and Rankin.
While liberals face an uphill battle in overturning conservative control of Georgia’s Supreme Court, Republicans cannot take Tuesday’s race for granted. Last year, two Democrats won seats on the Georgia Public Service Commission in major snubs.
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