Justice Keith Blackwell, Supreme Court of Georgia (left) and Brad Raffensperger, Georgia secretary of state. (Photo: John Disney/ALM)

A former congressman battling to reinstate an election for Georgia Supreme Court Justice Keith Blackwell's seat has subpoenaed Blackwell, the secretary of state, the governor's executive counsel and the head of the state Judicial Nominating Commission to appear in Fulton County Superior Court Friday.

The subpoenas order them to appear as witnesses at Friday's hearing on a petition for a writ of mandamus that former U.S. Rep. John Barrow filed last week after he was told he couldn't qualify to run for the seat. The secretary of state canceled the election on March 1 at the governor's request, the day before qualifying was supposed to begin.

Attorneys for Barrow served subpoenas Wednesday and Thursday on Blackwell; David Dove, executive counsel to Gov. Brian Kemp; Vincent Russo, co-chair of the state Judicial Nominating Commission and deputy general counsel of the state Republican Party; and Secretary of State Brad Raffensperger. 

Barrow's mandamus petition is intended to force Raffensperger to reopen qualifying and reinstate the election. Fulton County Superior Court Judge Emily Richardson is hearing the case.

Michael Moore, a partner at Pope McGlamry and one of a team of Barrow lawyers, said Thursday that testimony from the four witnesses is necessary because securing a writ of mandamus "hinges on a determination of facts."

"We intend to show through the witnesses' testimony that, in fact, the Blackwell seat is not vacant and that he [Blackwell] continues to operate as an associate justice of the Georgia Supreme Court, performing all those duties and receiving all those benefits under that position," Moore said. "We subpoenaed the witnesses to clearly establish those facts."

Moore's co-counsel, Lester Tate, a former president of the State Bar of Georgia and a partner at Akin & Tate in Cartersville, said the witnesses were crucial "to fully develop the evidence in this case."

Assistant state attorneys general Beth Young and Russ Willard are defending Raffensperger but have not yet filed a response. A Carr spokeswoman has declined to answer questions involving the mandamus petitions, citing attorney-client privilege.

Barrow was the second would-be candidate to seek a mandamus writ. Beth Beskin, a former state legislator and a partner at the Atlanta offices of Freeman Mathis & Gary, sought a similar writ to reinstate the election after Raffensperger's staff refused to allow her to qualify as a candidate for Blackwell's seat.

Blackwell's term expires Dec. 31, and he was scheduled to face reelection in May. But on Feb. 26, Blackwell notified Gov. Brian Kemp that he is resigning from the bench, although it would not take effect until next November. Kemp has accepted the resignation. The Judicial Nominating Commission began soliciting nominees for Blackwell's post on March 4—the same day Beskin filed her mandamus petition. Nominations closed Monday.   

Meanwhile, on Wednesday the Advocacy for Action Fund, a diversity PAC, asked to intervene in support of Barrow's mandamus petition. Attorneys for the PAC, which raises money to support the campaigns of diversity candidates for judicial office, argued that eliminating an election for Blackwell's seat "sets up an untenable precedent" for future state judicial elections."