In this action, John Clark, Ivory Kenneth Dious, Francys Johnson, Jr., Henry C. Ficklin, and Darryl A. Momon collectively referred to as “Clark” contend that Amanda H. Mercier, Nels S.D. Peterson, and Brian M. Rickman have no right to hold office as judges on our Court of Appeals.1 Specifically, Clark contends that these new judges were improperly appointed by Governor Nathan Deal. For the reasons set forth below, we affirm the trial court’s denial of Clark’s petition for a writ of quo warranto.
1. The underlying facts of this case are not disputed. Effective on January 1, 2016, Act No. 138 House Bill 279 or the “Act” established three new seats on the Court of Appeals, amending OCGA § 15-3-1 a to provide for a total of 15 judges. In addition, OCGA § 15-3-4 was amended to add subsection b, which provides in relevant part: “The additional judgeships created in 2015 shall be appointed by the Governor for a term beginning January 1, 2016, and continuing through December 31, 2018, and until their successors are elected and qualified.” Pursuant to the Act, Governor Deal appointed Mercier, Peterson, and Rickman to the new positions. A short time after the Governor announced the appointments, but before the announced appointees took office, Clark filed a petition to challenge the appointments in the Superior Court of Fulton County, naming as defendants the Governor in his official capacity, Mercier, Peterson, and Rickman. Clark argued that the gubernatorial appointment of Court of Appeals judges to newly created seats violated the Georgia Constitution, maintaining that new judges are required to be chosen by general election. Accordingly, Clark requested the following: 1 a declaratory judgment that the appointment provision of the Act is unconstitutional; 2 an injunction and temporary restraining order against the Governor to stop him from commissioning or administering the oath of office to the new judges; and 3 a writ of quo warranto against Mercier, Peterson, and Rickman.
