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 2004 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.” Brantley's 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 published by The Moultrie Observer 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 there, I will not legislate. I will interpret the law.” Despite Brantley’s anti-activist mantra, his escapades as a retired, part-time Senior Judge show otherwise.

Brantley In Retirement

Judge Grant Brantley served as Cobb County Superior Court judge from 1980 to 1992. "He didn't seek reelection in 1992 because he was in the process of being nominated to the U.S. District Court by President George H. W. Bush. But the '92 election spoiled his call-up to the federal bench." Judge Brantley was appointed as a Senior Judge in 2007.

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 where Leftridge and the Fulton County Sheriff’s Department 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 the case 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. He (Brantley) shows no respect for people's 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.

Sears' Post Supreme Court Political Prowess

While Justice Leah Ward Sears won her 2004 re-election against Brantley, she resigned from the Georgia Supreme Court bench in 2009. Since then she has worked various jobs, for various organizations and in different capacities. In 2021, Sears served as chair of Warnock and Ossoff’s Federal Nominations Advisory Commission alongside Allegra Lawrence Hardy, who previously served as the chair of Stacey Abrams’ gubernatorial campaign. In December of 2021, Sears was selected by the Judicial Qualifications Commission (JQC) as outside-independent counsel for Chuck Boring, the JQC director at the time, to serve in his capacity as director over a JQC complaint against Cobb County Superior Court Judge, Rob Leonard II (a complaint 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:

Charles Ford is a Michigan native. In 2020, Stacey Abrams persuaded Ford to get his Georgia Bar license, which he did.

Regardless of whether Sears had an influence over Charles Ford's decision to challenge Judge Rob Leonard II in the 2022 Cobb County Superior Court election, why the JQC would appoint a prominent political figure such as Sears to that role puts the judgment and competency of the JQC severely in question.

Judge Rob Leonard won his 2022 re-election against the two challengers, Ford and McMaster, with a healthy margin.

Where There’s Smoke There’s Fire

There appears to be little (if any) oversight of Georgia’s judicial system. Whether 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 adage goes: “Absolute power corrupts absolutely.”

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January 16, 2024