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Adams v. Georgia Dep't of Corrections

Petitioners lacked standing to pursue a mandamus action to prohibit the use of the electric chair as Georgia's means of execution.

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Appellants are opponents of capital punishment who filed a mandamus action to prohibit appellees Georgia Department of Corrections, Commissioner Jim Wetherington and the Georgia Board of Corrections from using the electric chair as this state’s means of execution. Appellees moved to dismiss, asserting that appellants lack standing and that the petition fails to state a claim for mandamus relief. After a hearing, the trial court granted the motion to dismiss, and appellants appeal from that order.

Appellants urge that, as citizens of Georgia, they have standing to seek enforcement of appellees’ duty to obey the constitutional prohibition against cruel and unusual punishment. They cite as authority OCGA § 9-6-24, which provides that, in petitioning for mandamus, “it shall be sufficient that a plaintiff is interested in having the laws executed and the duty in question enforced.” OCGA § 9-6-24. Under this provision, a private citizen “may turn to the judicial branch to seek to compel or enjoin the actions of one who discharges public duties ‘where the question is one of public right and the object is to procure the enforcement of a public duty. . . .’ Cits.” Brissey v. Ellison, 272 Ga. 38, 39 526 SE2d 851 2000. Therefore, the existence of standing under OCGA § 9-6-24 ultimately depends upon whether appellees owe a public duty which appellants, as members of the public, are entitled to have enforced.

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