Petition challenges constitutionality of Deal's appointments to appeals court
Former Macon City Councilman Henry Ficklin and four other men have filed a petition challenging the constitutionality of a state law that created three new seats on the Georgia Court of Appeals filled by gubernatorial appointments last month.
The petition, filed in Fulton County Superior Court on Monday, names Gov. Nathan Deal and the newly appointed judges, Amanda H. Mercier, Nels S.D. Peterson and Brian M. Rickman, as defendants. A bill signed into law May 6 increased the number of seats on the court from 12 to 15.
Joining Ficklin in filing the petition are John Clark, an Elberton lawyer; Ivory Kenneth Dious, an Athens lawyer; Francys Johnson Jr., a Statesboro lawyer; and Darryl A. Momon, a Douglasville minister.
According to the petition, Clark and Dious are qualified to stand for election to the Court of Appeals and each has a "special interest in the office."
Ficklin said he became involved in the case because he's "concerned about the proper exercise of the laws of our state." He's not a lawyer and isn't qualified to be a judge on the Court of Appeals.
The other two men are registered voters and taxpayers, according to the petition.
The petitioners allege there's no provision in the Georgia Constitution that allows the newly created judgeships -- or a seat not previously vacated by an incumbent -- to be filled by a gubernatorial appointment, according to the petition.
Wayne Kendall, the Fayetteville lawyer representing the petitioners, said his clients are seeking to have the new law declared unconstitutional and for legislators to pass a new bill, requiring the judgeships to be filled by an election.
Signing the bill "exceeded the authority of the governor," Kendall said.
Further, he said the Georgia Legislature doesn't have the authority to appoint lawyers to fill the judgeships.
The governor's office declined comment.
The petitioners are requesting that a Fulton County Superior Court judge issue a temporary restraining order to prevent Deal from swearing in the new judges.
Terms for the newly appointed judges are set to begin Jan. 1.
The petitioners also have requested a hearing be held within 10 days of the petition's filing.
Information from Telegraph archives was used in this report. To contact writer Amy Leigh Womack, call 744-4398 or find her on Twitter@awomackmacon.
This story was originally published November 19, 2015 at 4:45 PM with the headline "Petition challenges constitutionality of Deal's appointments to appeals court ."