An attorney for a group of citizens told the Georgia Supreme Court on Monday that Gov. Nathan Deal violated the state constitution when he appointed judges to fill three newly created positions on the Georgia Court of Appeals.

Wayne Kendall of Fayetteville represented five citizens who are asking the high court to declare unconstitutional the governor’s appointment of Judges Brian Rickman, Nels Peterson and Amanda Mercier, who took office in January. The group claims that the Georgia Constitution requires that new judicial positions be filled by the voters in an election rather than by the governor, and that the law used to create their positions—House Bill 279—is void. The challengers include: John Clark, Athens attorney Ivory Kenneth Dious, Statesboro attorney and Georgia NAACP President Francys Johnson Jr., Henry Ficklin and Darryl Momon.

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