The chain reaction set off by Justice Robert Benham's announcement last week that he would retire months earlier than expected includes four Court of Appeals candidates suspending their campaigns, two vowing to stay in and one delaying their decision.

Eight lawyers had signed up to run for what they expected would be an open seat because Presiding Judge Sara Doyle was running for Benham's Supreme Court seat in the May 2020 election. But Benham on Dec. 5 said he would resign March 1. That gave Gov. Brian Kemp the opportunity to choose Benham's replacement, ending the race among Doyle and three other announced candidates.

Doyle then said she will run for reelection for her current seat and, simultaneously, apply to be considered for the appointment to Benham's seat.

As of 4 p.m. Monday, four candidates said they were suspending their campaigns:

  • Audrey Berland, a business litigator with Ichter Davis;
  • Lee Kynes, an appellate attorney;
  • Nicole Leet, an insurance defense litigator with Gray, Rust, St. Amand, Moffett & Brieske; and
  • Lyndsey Rudder, a Fulton County deputy district attorney.

Judy Farrington Aust, a mediator and former Goodman McGuffey partner, said she was suspending her fundraising and spending, but added she "will reevaluate when the picture is a bit clearer."

Bennett Bryan, who heads appellate litigation for the DeKalb County Law Department, is staying in the race, saying, "I am committed to the race and I look forward to continuing my campaign."

Kimberly Bourroughs Debrow, a DeKalb County senior assistant district attorney, said, "While there are important decisions to make about the next steps for our campaign in light of this recent development, the reasons for which I decided to run for public office remain the same and are unaffected.  The campaign is currently on schedule, as planned."

Tabitha Ponder Beckford, a staff attorney for the state Judicial Council's standing Access to Justice Committee, who last week was named to a shortlist of nominees being considered by Kemp for a separate appeals court seat, did not respond to an email and a telephone call from the Daily Report.

Reactions from the appeals court candidates showed that many had made deep connections with supporters since their campaigns started over the past months.

Berland said she had raised almost $150,000 for the race, but "With there no longer being an open seat on the Court of Appeals, I am choosing not to challenge Judge Doyle in her re-election."

"This shake-up in the race does not diminish my desire to serve our state, and I look forward to future opportunities to serve on the bench.  I am grateful for the experience and to all of the people who supported and invested in me."

Kynes said his campaign had raised more than $30,000. "We were just getting started," he added, noting a kickoff fundraiser was planned for Jan. 23, and he was planning trips around the state to meet with voters.

Kynes said he heard about Benham's decision when he received "an urgent 'call me' text" from a friend at about 2:45 Thursday afternoon.

"But before we could connect on the phone, I saw the news on Twitter," Kynes said. "Judge Doyle called me a few minutes later to tell me her plans, which was very gracious of her. I told her then that I have no intention of running against her."

Kynes added, "I think Judge Doyle is an excellent judge, and she's a friend.  I've known her for about 15 years—since I was a law student being recruited to Holland & Knight."

"I was very excited about the prospect of serving as an appellate judge," he said. "So I am disappointed not to have that opportunity now. But I will continue looking for opportunities to use my skills and experience in public service. And I also really enjoy appellate practice as an advocate.  So my plan now is to take a deep breath and keep going with my law practice."

Several of the candidates expressed thanks to supporters, many of whom had already donated funds and otherwise helped the campaigns.

Aust, who noted she had "no intention or desire to challenge Judge Doyle for her position on the court," said she was "overwhelmed … by the generous support and encouragement I've received from my friends and colleagues in the bar and across the community at large."

"I believe I owe it to my donors and supporters to give it a few days to see how the dust settles."

Rudder told her supporters in an email, "Sometimes, there are things that occur that are beyond our control, and although I am surprised by this turn of events, my overwhelming emotion is gratitude. I am so blessed to have had so many wonderful people in my life who fully supported me in my campaign."

Leet told supporters Monday, "So much has changed over the past four days, I feel like my head is still spinning."

"I respect Judge Doyle as a jurist and I will not campaign against her. For this reason, I will be suspending my campaign for the Court of Appeals. Over the last 6 months I have met so many wonderful people on the campaign trail and appreciate all the support that I have received. While these new facts bring this campaign to an end, I am so appreciative of this experience and new friends that have been made along the way and I look forward to continuing to find ways to serve the legal profession and Georgia."

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