This Just In...

Georgia Supreme Court Justice Sears at the APC

The 2010 race for Georgia Governor will go forward without retiring Georgia Supreme Court Chief Justice Leah Ward Sears.  There has been much conjecture about her long-term plans and aspirations, but the Sears made it clear that running for Governor is not on her To-Do list when she addressed an Atlanta Press Club luncheon on Tuesday June 2 at The Commerce Club in downtown Atlanta. 

Sears will step down from the Supreme Court at the end of the month.  Her immediate plans include joining the new Atlanta office of Chicago - based Schiff Hardin, teaching at the University of Georgia law school in Athens, and an aggressive social agenda when she also joins the New York - based Institute for American Values.  Much of that work will wait until later this summer and fall, after some international travel.

Sears was just 36 years old when Governor Zell Miller elevated her to the State Supreme Court 17 years ago, as the first African American woman to join the Court where her predominantly all-white male colleagues averaged 63 years old.  Seventeen years later, she is stepping aside.   “It was really not my aim to stay on the Court the rest of my life,” Sears told about 75 guests. 

“I frankly have stayed longer than I ever intended to stay.  There’s always a reason to stay longer and longer.  The second reason (for leaving now) is I always wanted to serve as a non-partisan judge,” Sears said, pointing out she won 62% of the vote in her last election, that total coming from voters of all political stripes and all demographics.  “I am not a politician,” she said.

Nevertheless, there were several questions about whether she would focus on Georgia’s top elected seat .. the Governor’s office .. and in particular, whether she believes current Governor Sonny Perdue has the authority to trim the Supreme Court’s budget, a subject of much current debate.  On the first subject she said, Not now, but in years ahead, “I never rule anything out totally.”   Sears has been politely critical of political partisanship in judicial elections, including her own, and those of other current Supreme Court justices.

The second issue .. whether Governor Perdue can trim the Supreme Court’s budget .. is a current topic because the governor has ordered all state agencies to take a 25% reduction in funds they will receive in June, due to statewide revenue shortfalls.  Sears said, “We don’t believe we are exempt.  I sent a letter to the governor saying we are more than willing to cooperate.”  But she believes there is a constitutional question whether the executive branch can reduce an already enacted judicial budget.  “I do believe that under our system the question can be answered,” she said.

Under Georgia law, the governor must forward the Supreme Court budget to the Legislature without revision.  Upon legislative approval, the governor can veto the entire budget, but the governor cannot make modifications.  The question on the table, is whether the Court’s budget can be modified by the Executive Branch this late in the game.  The state’s fiscal year ends on June 30.

Sears praised President Barack Obama’s selection of federal Judge Sonia Sotomayor for appointment to the U.S. Supreme Court.  “She is eminently qualified.  I love her story,” Sears said.  “She is brilliant.”   Responding to a question, Sears said any successful Supreme Court justice must retain a high intellect, be fair, read a lot, write well and have a certain power of persuasion.  Particularly, power of persuasion.

“You have to know when to hold ‘em, know when to fold ‘em and know when to walk away,” she said.  “If you are too doctrinaire, if you cannot pull together, you will just sit on the sidelines and write dissents and you will never have any real power.”

Sears counts opening the Court’s processes and accountability to the public among her successes as Chief Justice, including making Justices less afraid of reporters.  “Older reporters will remember that if you tried to get something out of a Justice, you were told, ‘The opinion speaks for itself,’” she said.  Today the Supreme Court has a full time public information officer, justices regularly participate with the public in many different kinds of venues and there has been an effort to improve transparency.  “If you call the Court now, somebody will tell you something,” she said.

Sears championed family, marriage and children’s’ initiatives during her Supreme Court tenure, work that will continue after she leaves the bench.  Her immediate summer plans include travel with her husband, Haskell Ward, before returning to Atlanta later this summer.  “Life is short and there are many things I want to do,” she said, reminding one questioner that until June 30 she’s still Chief Justice of the Supreme Court of Georgia.

Schiff Hardin, her new employer, sponsored the luncheon. 

Written by:
Mike Klein
APC Board Member