Key points:
• Justice Charlie Bethel emphasizes nonpartisanship and separation of powers in the judicial system.
• Around 1,600 cases are expected to be submitted to the Georgia Supreme Court this year.
• In the May 19 nonpartisan election, Bethel is running against trial attorney Miracle Rankin.
Georgia Supreme Court Justice Charlie Bethel shared his legal philosophy and insight into the state’s judiciary on April 9 at the South Gwinnett Chamber of Commerce’s monthly Thursday Thought Leaders luncheon.
Bethel, a Dalton native and former state senator, sat down with state Rep. Scott Hilton (R-Peachtree Corners) for a Q&A covering the nuances of the court system and the importance of community engagement.
“Our current Chief Justice Nels Peterson, I think, says it best, ‘You want judges who wear robes and not jerseys,'” Bethel told the crowd. “I wholeheartedly agree to that, and that is in our best interest.”
Journey to Supreme Court
Former Gov. Nathan Deal appointed Bethel to the Supreme Court in 2018 after his two years serving on the Georgia Court of Appeals. Bethel won reelection to the state’s highest court in 2020.
“The general jurisdiction trial court is the superior court,” Bethel said, explaining the hierarchy of the court system. “There has never been a day in the history of the state of Georgia that there hasn’t been a superior court … it is where people go with big problems, seeking resolution.”
Trial courts with limited jurisdiction include juvenile, municipal, magistrate, probate, and state. The appellate court, which also has limited jurisdiction, handles most appeals of superior court decisions.
“I tell people that the job of an appellate court is best connected or related to the review booth if you’re a sports fan,” Bethel said. “We dedicate the extra resources that are required to make sure that the rules are consistent, are predictable, so that people can make decisions in life.”
When asked about litigation trends, Bethel said he is seeing more and more cases on municipal liability and local government. In his eight years of service, he said a combative culture has created more “heated” legislation.
“Because there’s not much of a legal question, there’s really not much of that comes to us [on the Georgia Supreme Court],” Bethel said. “It’s this ‘feelings driving decisions,’ which is, I guess, generally good for the lawyers because they get paid either way. But it is sort of a concerning aspect of our legal system, because it’s easy for us to confuse feelings with the law.”
Lessons on the law
State Rep. Scott Hilton’s District 48 seat covers multiple cities in southwest Gwinnett and north Fulton counties. Hilton said he and his wife got to know Bethel and his family while completing the Leadership Georgia program in 2013.
“I am so glad to be here because it means that we have adjourned from the legislature and are now back into the real world,” Hilton said. “This is a really big deal that we have a sitting state Supreme Court justice here in this room.”
Bethel said he is unique on the Georgia Supreme Court as the only former state legislator (and City of Dalton alderman). The first question from the audience asked him about the advantages or challenges he faces as a former elected official serving as a state supreme court justice.
“The work is in a separate lane,” Bethel said. “The way I describe it to people is that it’s important to know the job you don’t have.”
Bethel paraphrased a line from Alexander Hamilton in the Federalist Papers to explain a judge’s commitment to nonpartisanship and the separation of powers.
“The reason why the judicial branch could be trusted… is because that power exercises judgment and not will,” Bethel said. “If I look at a case and I say, ‘How does Charlie want the case to come out?’ then I am exercising legislative authority or potentially executive authority… and you haven’t given me that power.”
Bethel said the primary purpose of his chamber staff is to tell him when he is wrong.
“The minute I became a judge, I had a legal obligation to no longer express any public opinion about a matter of disputed policy or anything that’s likely to come before the court, which makes me very boring,” he said.
May’s nonpartisan election
Bethel said he splits time between Atlanta and Dalton. One week a month is reserved for oral arguments, but the vast majority are decided on written arguments. This year, he expects around 1,600 case submissions to the Georgia Supreme Court.
The audience asked him several questions about term limits for justices on the U.S. Supreme Court and his upcoming election. While Bethel declined to answer them, he did speak broadly about nonpartisan, judicial elections.
“Unlike most things in government, if you haven’t heard about a problem in a court, that’s probably a really good sign who is there is doing it the right way,” Bethel said. “Ask the same thing you would if you wanted to find out what plumber you would use. Look at track records. Again, does the judge have a record of making everybody unhappy? Probably a good judge.”
The Georgia Supreme Court was established in 1845. The last time an incumbent has lost an election was 104 years ago. While justices have been elected statewide since 1986, most sitting justices were first appointed by the governor’s office.
Trial lawyer Miracle Rankin is running against Bethel in the May 19 nonpartisan election. Like Bethel, Rankin is a product of the University of Georgia School of Law. She is also a former president of the Georgia Association of Black Women Attorneys and a member of Leadership DeKalb.
“For nearly two decades, I have seen how Georgians rely on courts to be steady, principled, and independent,” Rankin said in a quote on her campaign website. “I believe the role of the Supreme Court is to uphold the Constitution and ensure that every person who comes before the court receives equal justice under the law.”
