'Bigger Than the Situation': Melton Shares Secrets of Benham's Success
Chief Justice Melton attributed retiring Justice Benham's effectiveness to "two primary tools."
February 27, 2020 at 04:13 PM
4 minute read
Friday is the last day on the job for a beloved justice who made history on the Georgia Supreme Court.
Chief Justice Harold Melton used the pageantry of his State of the Judiciary address to the General Assembly at the Capitol Wednesday to shine the spotlight on Justice Robert Benham, the first African American member of the court.
Melton drew his biggest applause of the day when he turned the talk to Benham. Legislators gave Benham a standing ovation, then surrounded him with hugs and handshakes before he left. He is retiring after 36 years of judicial service, first on the Georgia Court of Appeals, then on the Supreme Court.
The high court has grown from seven to nine members during Benham's tenure. When he leaves, the court will have only one African American member, Melton, and only one woman, Justice Sarah Warren.
Benham first planned to serve until the end of the year and his current term, leaving his seat open for the next election. But he changed his mind abruptly in December, deciding instead to leave now so that Gov. Brian Kemp can appoint his successor. The Judicial Nominating Commission is in the process of selecting candidates for a short list to go to the Capitol.
Before former Gov. Joe Frank Harris appointed him to the bench, Benham practiced law in his hometown of Cartersville.
"I put on the armor of the law to slay the dragons of injustice," Benham said during a February lecture at the University of Georgia. He called himself a litigator who loves a "nasty, protracted fight."
But Melton said Benham didn't succeed by being nasty.
"As a young man, Justice Benham first worked in state government as an intern for then-Governor Lester Maddox," Melton said. "We know of Governor Maddox's segregationist history."
Maddox made national headlines for blocking peaceful African American protesters from entering his Atlanta restaurant and for advocating flagrant violation of federal court desegregation orders.
"But, as is his way, the young Robert Benham found a way to build a bridge and grew to be respected by the governor," Melton said.
Benham has shared before his memory of the day in 1989 when he was appointed to the Georgia Supreme Court: "I thought that moment represented not necessarily a remarkable accomplishment on my part, but a remarkable accomplishment on this state's part."
"That is typical of Justice Benham," Melton said. "He often endured walking into rooms where people closely assessed whether they should take him seriously."
Melton attributed Benham's effectiveness to "two primary tools."
"One, he was always nice," Melton said. "And two, he was always bigger than the situation. He took the high road, never giving tit for tat, striving for common ground. He suffered slights gracefully, never lost his temper, never raised his voice, never took things personally. He remained singularly focused on his goal and always moved forward."
Melton called Benham "a pillar in our state's history."
"One of the highlights of my life has been the privilege of having served with him on this court," Melton said. "He is the father of the modern court—a court that is truly dedicated to the principle that all men and all women are equal, and all stand equal in the eyes of the law."
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