Political Adversaries Cut From the Same Cloth

Brantley Embraces Judicial Activism for Retirement Plan

Cobb County Senior Judge, Grant Brantley, challenged Justice Leah Ward Sears in 2006 for her seat on the Georgia Supreme Court bench in what was thought by some to be “the most expensive and high-profile court race in state history.” His mantra at the time was that “[he] will interpret the law” and “[he] will not legislate [from the bench].” In an article written by Mark Lastinger, Brantley insisted that his opponent (Sears) was a “judicial activist” and that he and Sears were “different as night and day.” But now, in recent years, both Sears and Brantley show that they were cut from the same cloth—Brantley turning toward judicial activism for his money-making retirement plan. So what exactly is “judicial activism” and what makes Brantley a judicial activist? Judicial activism is a judicial philosophy holding that the courts can and should go beyond the applicable law to consider broader societal implications of its decisions. It is sometimes used as an antonym of judicial restraint.[1] The term usually implies that judges make rulings based on their own views rather than on precedent.[2] In another article written by Lori Glenn, while on the campaign trail against Sears, Judge Brantley stated that “I assure you I have enforced laws that I didn’t particularly care for, because that was my job . . . . When I get [to the Supreme Court], I will not legislate. I will interpret the law.” Despite Brantley’s anti-activist mantra, his escapades from the bench have shown otherwise.

Brantley In Retirement

In March of 2023, a petition to recuse the entire Fulton County Superior Court bench was filed after multiple judges refused to recuse liberal Judge, Melynee Leftridge, in a case that Leftridge the Fulton County Sheriff’s Department had trampled on the Constitutional rights of a civil litigant and his family. While the Fulton County Superior Court did not formally recuse its bench, no Fulton County judge has presided over those cases since. Rather, Fulton County recruited two Cobb County Senior Judges, the Honorable G. Grant Brantley and the Honorable Adele P. Grubbs, allegedly to assist in managing the Fulton County Superior Court backlog of cases. So how bad are Brantley’s latest rulings from the bench? Cobb County, landlord-tenant attorney Matthew D. McMaster gave Navigating Justice his insight:

“Real estate can be a complex area of law, so I’ll keep things as simple as possible. If Brantley’s rulings are upheld on appeal then Georgia law will now allow residential landlords to be shielded by third-party contractors by bringing eviction suits in the contractors’ names instead of the landlord, which is clearly prohibited by Georgia statute. Brantley’s recent rulings will also mean courts can enter orders and judgments without evidence, without allowing parties the opportunity to be heard, and tenants not only will be evicted for not paying their rent, but they will also be arrested for it. Brantley’s order puts rent in an eviction case in the same category as child support in domestic relations cases. He (Brantley) shows no respect for Constitutional rights or the law as written.”

The irony of it all, Brantley’s actions show a complete lack of “judicial restraint”—making him a catalyst and proponent of judicial activism.

Insider Trading

While Sears won her 2004 re-election against Brantley, she resigned from the GA Supreme Court bench in 2009. Since then she has worked various jobs, for various organizations and in different capacities.

In 2021, Sears was appointed by the JQC as outside-independent counsel for Chuck Boring, the JQC director at the time, to assist in presiding over a JQC complaint against Cobb County Superior Court Judge, Rob Leonard (from which Boring recused himself). When Sears learned that Matt McMaster was challenging Leonard in the May 2022 election, Sears rapidly dismissed the JQC complaint against Leonard and Charles Ford entered the race for Judge Leonard’s seat just weeks later.

But who exactly is Charles Ford? And where did he come from? An internet search by Navigating Justice revealed the following:

• Leah Ward Sears is a former campaign chair for Stacey Abrams: https://www.ajc.com/politics/group-advising-ossoff-warnock-on-federal-appointments-includes-civil-rights-activists/FGHWHJU4TVCZ7AZSCNSYIZYH4Q/

• Stacey Abrams is an influencer of Charles Ford: https://info.cooley.edu/blog/attorney-and-athlete-charles-ford-a-man-of-many-talents-and-gifts

Had Sears and the JQC waited until after the election to remove Rob Leonard from the bench, Governor Brian Kemp would have had the opportunity to appoint a new Superior Judge in Cobb County.

“That was all disappointing to witness,” said McMaster. “That was my complaint against Leonard and the JQC should have waited until after the election to complete the investigation. I never used any of this information on the campaign trail—though I think the JQC has a lot of explaining to do.”

Where There’s Smoke There’s Fire

It appears that there is little (if any) oversight in Georgia’s judicial system. Whether self-proclaimed Democrat or Republican, liberal or conservative, the issues in our judiciary remain the same—that is, the integrity of those we deem leaders is diminished. As the old saying goes: “Absolute power corrupts absolutely.”