Justice Robert Benham, Supreme Court of Georgia (Photo: John Disney/ALM)

Justice Robert Benham announced Thursday that he will resign from his post March 1, apparently ending what had been a four-candidate race for his seat on the state Supreme Court and injecting a major change in a race for the Court of Appeals.

A 1992 opinion of the state Attorney General states that a new judge must face the first election that is more than six months after his or her appointment. With the May 19 election only 2½ months after Benham's announced retirement date, whomever Gov. Brian Kemp appoints as a successor will not have to face voters until 2022.

Four candidates—former state Rep. Beth Beskin, R-Atlanta; former U.S. Rep. John Barrow, a Democrat; Presiding Judge Sara Doyle of the Court of Appeals; and Judge Horace Johnson of Alcovy Circuit Superior Court—have been running campaigns for Benham's seat. In the first reporting period that ended June 30—before Johnson and Beskin joined the race—Barrow reported raising $304,100 for his campaign, while Doyle reported $223,470.

Because Doyle was running for the Supreme Court, eight candidates announced campaigns for her seat. But Doyle told the Daily Report Thursday that she will suspend her high court campaign and run to retain her appeals court seat.

That means the eight other candidates will be challenging an incumbent. Sitting judges have almost always won statewide races for their seats.

However, Doyle also could get Kemp's nod to replace Benham.

Doyle said she learned of Benham's decision shortly before the official announcement was released.

"When I spoke to Justice Benham 10 months ago about what his plans were, he said his plan was to work out his term if he could," Doyle said.

"I assume there will be an appointment process through the governor's office, so I will apply, and hopefully the Judicial Nominating Committee will interview me and nominate me," she said.

"In the meantime, I will qualify for the Court of Appeals in March."

"I don't know logistically how to suspend one campaign and start another," she said.

Beskin, Barrow and Johnson could not be reached immediately Thursday.

Doyle said she had spoken to most of the hopefuls who have lined up for her seat before they announced and offered advice on how to run, "but I haven't worked with any particular one," she said. "My plan is to let them know what I'm going to do, then they'll have to make their own decisions about whether to run."

The press release issued by the Supreme Court Thursday said of Benham, "in making this decision, he has acknowledged that a number of candidates have announced preparations to run for his seat in anticipation of an open election. Gov. Brian Kemp now will appoint his replacement."

"This has been a difficult decision," said Benham, according to the statement. "I have enjoyed every day of service to the people of Georgia, but after 34 years on the bench, it is time for me to step down."

"Once I was at peace with this decision, I wanted to let people know as soon as possible, especially those who were hoping to run in an open election. Furthermore, it is my hope that the timing of my retirement will cause minimal disruption to the court."

Benham was appointed to the Supreme Court of Georgia in December 1989 by Gov. Joe Frank Harris. He was the first African American appointed to the state's highest court and has been elected statewide to six-year terms ever since.