Sara doyle (from left), LaTain Kell, Shawn LaGrua and Wade Padgett. (Courtesy photos) Presiding Judge Sara L. Doyle of the Court of Appeals of Georgia (from left), Judge LaTain Kell of Cobb County Superior Court, Judge Shawn LaGrua of Fulton County Superior Court and Judge Wade Padgett of the Augusta Judicial Circuit Superior Court. (Courtesy photos)

Three processes—one in Gov. Brian Kemp's office and two in federal and state courts—are moving at different speeds to determine who will fill a seat on the Supreme Court of Georgia being vacated in November by Justice Keith Blackwell.

Kemp's Judicial Nominating Commission took less than a month to send him a shortlist of four judges from which to choose Blackwell's replacement. Their applications, which include answers to questions about their most important cases and other issues, can be seen by clicking on the finalists' names below (the JNC redacted certain personal information).

Simultaneously, two sets of litigation to force an election to choose Blackwell's successor are going forward. In the most advanced case, the state Supreme Court announced Friday that a ruling might not come soon.

Former U.S. Rep. John Barrow, a Democrat, and former state Rep. Beth Beskin, a Republican, are suing to force Secretary of State Brad Raffensperger to reinstate the May 19 election for Blackwell's seat. Three voters on March 31 brought similar arguments to federal court, claiming like Barrow and Beskin that the public has a right to fill Blackwell's seat since he won't resign until November, six months after he was scheduled to run for election.

Last month, Judge Emily Richardson of Fulton County Superior Court rejected Barrow and Beskin's arguments that Raffensperger must reinstate the election and reopen qualifying for Blackwell's seat.

Richardson held the two would-be candidates for the post failed to show they had "a clear right" to compel Raffensperger to conduct an election "when there is a legal vacancy in a position that will be filled by gubernatorial appointment prior to the beginning of the term for which the election would be held."

Barrow and Beskin had argued that, since the Georgia Constitution was revised in 1983, there had never been a circumstance where the secretary of state canceled an election for public office that would remain occupied by the incumbent through or past the date of the election. But the judge determined that a vacancy existed for Blackwell's seat the day he submitted his resignation letter in February and Kemp accepted it.

Barrow and Beskin have appealed to the state Supreme Court—which now comprises five temporary justices for members who recused, including Blackwell—and Chief Justice Harold Melton, Presiding Justice David Nahmias and Justice Sarah Warren, who did not recuse.

That mixed body on Friday suggested it would not rule until after the May 19 election, stating the court had, after reviewing briefs, "determined that it could provide adequate remedies to the appellants in the event they prevail (a matter as to which the Court expresses no opinion whatsoever at this time) even after absentee ballots are distributed for the May 19, 2020, nonpartisan general election."

"Accordingly," the order stated, "the Court will not issue an immediate opinion in these cases, although an opinion will be issued as soon as practicable."

Cary Ichter, representing Beskin, said, "We are pleased that the court appears to be giving the case the serious consideration it deserves. This is also a sign that the court accepts that it is empowered to direct Secretary Raffensperger to re-open qualifying and conduct the election at some time after the May election occurs. Given that Justice Blackwell will still occupy his seat on the bench when the July and November elections occur, the seat will not be vacant; the governor's power to appoint will not be triggered; and an election for the seat will be required by law."

One of Barrow's lawyers, Lester Tate, said no immediate ruling by the high court may prompt his client to intervene in the federal case and issue "litigation hold letters."

"We have long believed it was necessary to develop the full factual scenario, with subpoenas and testimony from all involved, that led to this deprivation of the public's right to elect a justice. Since no immediate ruling has been forthcoming, it is imperative that we examine every avenue to do that now. The governor seems to be moving forward with the potential announcement of an appointment while the court ponders our case."

A comment from the governor's office on when he might name an appointment could not be obtained. Nor could comments from the state attorney general's office or a lawyer for the voters in the federal case, Bruce Brown.

That case was assigned to Senior Judge Orinda Evans.