Difference between revisions of "Georgia Governor repeats mistake of former governor Roy Barnes, but did Kemp have a choice?"

The Honorable Robert E. Flournoy, III,  was appointed to the Cobb County Superior Court bench by Governor Roy E. Barnes on July 14, 2000 and was elected without opposition in 2002, 2006, 2010, 2014 and 2018. He was named "Cobb County Judge of the Year" in 2005 and was the recipient of the "Jimmy Berry Champion of Justice Award" in 2015. Judge Flournoy retired on December 31, 2022 and has since been appointed as a “Senior Judge” of the Superior Courts of Georgia by Governor Brian Kemp. This appointment is of course not without controversy. Under Georgia law, "Senior judge status . . . shall be acquired by a qualified former judge's applying to the Governor for appointment as senior judge. The Governor shall appoint each qualified applicant as a senior judge." ''See'' [https://law.justia.com/codes/georgia/2021/title-15/chapter-1/section-15-1-9-2/ O.C.G.A. 15-1-9.2]. According to Open Records, Judge Flournoy sent his application for Senior Judge status to Governor Brian Kemp's office on October 24, 2022,<ref>[https://thewikilaw.org/wiki/images/3/3d/Flournoy%2C_Robert_-_Request_-_Cobb_Judicial_Circuit_-_10.24.22.pdf Judge Robert E. Flournoy, III Request For Appointment as Senior Judge]</ref> However, the statute requires an application by a qualified "former" judge and not a judge still presiding during his or her final elected term. That being said, there exists a potential procedural blemish in the initiation of Flournoy's application. Despite this timing issue, Kemp granted Flournoy’s request appointing him as a senior judge on January 4, 2023. Procedural snafu aside, why else might Judge Flournoy lack qualification for senior judge status? To answer that question, perhaps we should understand more about Flournoy’s suspect decisions during his tenure on the bench.