Gov. Brian Kemp wasn't surprised by Georgia Supreme Court Justice Robert Benham's announcement Thursday afternoon that he had changed his retirement plans, but plenty of others were.

Benham's simple switch of the date from the end of his term Dec. 31, 2020, to March of that year means that, instead of leaving his seat open in the May judicial elections, he will hand it to the governor to fill.

Kemp, who was alerted by Benham before he made his announcement, followed the news with a statement praising the justice.

"Justice Benham is a trailblazer, freedom fighter, and fiercely compassionate soul who has always led by example and personified integrity," Kemp said. "The profession of law and Georgia's Judiciary are immeasurably better because of Robert Benham. Neither will be the same once he leaves the bench. The Kemp family thanks Justice Benham for his courage, tenacity, and friendship, and we wish him the very best in his retirement."

Judge Sara Doyle, Georgia Court of Appeals. (Photo: John Disney/ALM)

Georgia Court of Appeals Judge Sara Doyle—the first of four candidates to announce campaigns for the seat Benham said 10 months ago he would leave open for the voters to fill—learned about his change of heart the evening before it was announced, she told the Daily Report.

Doyle said she happened to be in a meeting Wednesday with the justice. He said something that sounded a bit off to her, giving her a clue that something had changed. So she went to his chambers after the meeting and asked him about it.

According to Doyle, it was at least her fourth trip to broach the same subject. She had first discussed his retirement plans before she announced her candidacy, then checked with him twice since then. He said he was still planning to work through next year, barring any unforeseen developments, Doyle said. But late last Wednesday, he said he had changed his mind. He shared with her the same thing he said in the news release Thursday. He didn't say why, and she didn't press him to elaborate, wanting to respect his privacy, she explained.

Benham said in the news release: "This has been a difficult decision. 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," he added.

Asked why he changed his timing, Benham declined to answer. He said Monday through the court's public information office that he "has nothing more to say about his decision and is not interested in being interviewed at this time."

The former chief justice's retirement and his replacement represent a matter of historical significance to Georgia's high court. He was the first African American to serve there, appointed in 1989 by friend and fellow Cartersville resident Gov. Joe Frank Harris. As an incumbent, Benham became the first African American ever elected statewide in Georgia. Only two more have followed him on the Supreme Court: former Chief Justice Leah Ward Sears and current Chief Justice Harold Melton. Sears retired after serving as chief and went into private practice, leaving only Melton.

Judge Horace Johnson. (Photo: John Disney/ALM)

Only one of the candidates running for Benham's job is African American: Alcovy Circuit Superior Court Judge Horace Johnson Jr.

Johnson responded to questions about Benham's news in an email Friday.

"Justice Benham has certainly earned the right to conclude his illustrious legal career in the way he deems most appropriate," Johnson said. "I thank him for mentoring me over the last thirty (30) plus years as a lawyer and judge. It remains my goal to succeed him."

The implication is that Johnson will apply for Benham's seat through the Judicial Nomination Commission—which presumably would send the governor a shortlist of candidates according to its long-standing practice.

"In the two months since I launched my campaign, I have been most gratified by the enthusiastic bi-partisan support that I have received all across the state," Johnson said. "As I continue to serve my judicial circuit and the state, I remain committed to building on the [breadth] of my experiences that has and is resonating with my fellow Georgians."

Doyle said she also plans to apply for Benham's job through the judicial nominating process. It won't be her first time. She was on the shortlist for the Supreme Court last year but was passed up in favor of Gov. Nathan Deal's legislative floor leaders.