Judicial independence is a hallmark of the American democratic system. An autonomous judiciary is the last line of defense against potential violations of rights and government overreach. The judicial branch of the government is designed as a check against the powers of the legislature and the executive branch. It is designed to ensure that individuals are protected from their government and that the rule of law is safeguarded from legislative or democratic tyranny.
However, this past Tuesday, 63.5% of Georgians voted to approve proposed Constitutional Amendment 3, which in many ways threatens this judicial independence on a statewide level. Amendment 3 gives the General Assembly (Georgia’s legislature) the authority to abolish the current the Judicial Qualifications Commission (JQC) and reestablish the commission under their own authority. The Judicial Qualifications Commission was created in Georgia nearly 40 years ago to oversee the conduct of Georgia's judges and discipline or remove them as the commission sees fit. Currently, members of the JQC are chosen by the Georgia Supreme Court which selects two, lawyers from the State Bar who appoint three and the governor who appoints two. This would change under the new amendment; the General Assembly would be allowed to choose four of the appointees, and the governor would be allowed to appoint the head of the commission.
Essentially, under this amendment, the JQC would fall under the authority of the General Assembly, something that many argue will erode the autonomy of the judiciary. If the JQC is placed under the control of the legislature, that means that the General Assembly will have the authority to discipline and remove judges from their seats. On the surface, this seems to make sense, but in reality, this could serve to threaten the independence of the Georgia judiciary if politicians were to use their newfound power to intimidate judges into ruling in their favor. It is not evident that this is the intention of the amendment, but granting the legislature this type of constitutional power will open the door to these types of abuses, something that Georgians should be aware of.
