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Ward v. City of Cairo

O.C.G.A. § 36-32-2 a, which provides that municipal court judges serve at the pleasure of the appointing governing authority, does not violate the separation of powers doctrine of the Georgia Constitution.

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In this appeal, we are called upon to determine whether OCGA § § 36-32-2 a and 42-8-100 f 1 and g 1 violate the separation of powers doctrine of the Georgia Constitution. We hold that these provisions are constitutional on the grounds asserted, and we affirm the judgment of the trial court. At the time this appeal was filed, J. Patrick Ward was a Judge of the State Court of Grady County.1 Ward also served as Judge of the Municipal Court of the City of Cairo from 1985 until his services were terminated by the Cairo City Council in June 2001. Ward’s termination as municipal court judge was precipitated by his decision to employ a private entity to provide probation supervision for the City of Cairo, and then to terminate that provider and replace it with another.

The facts show that in 1996, at Ward’s request, the county entered into a contract with Community Corrections Corporation CCC, a private entity which provided probation services to the state court. In the following year, with the city’s approval, Ward entered into a second contract with CCC to privatize probation services to the municipal court. At some point prior to 2001, CCC merged with BI, Inc. BI, its successor corporation, which continued to provide probation services to both courts.

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