Join us in the Struggle for a More Representative Judiciary

On the Occasion of Accepting the R. Pruden Herndon Community Service Award

 

In 1964, Atlanta Mayor Ivan Allen, Jr. appointed A.T. Walden to a pro hac position on the Atlanta Municipal Court.  After Walden’s death the following summer, Mayor Allen appointed Walden’s protege, Rachel Pruden Herndon to serve in what was essentially the same position.

Some might say that these events were of little significance. After all, these were merely pro hac positions in the Atlanta Municipal Court. At the time of his appointment, Judge Walden had already practiced law for 43 years. At the time of her appointment, Judge Herndon had practiced for 21 years. But part of the significance lies in the fact that Judge Walden and Judge Herndon were the first black judges in Georgia since Reconstruction. Viewed in that context we see the actions of Mayor Allen as particularly noteworthy.

Among other things, these appointments were the start of a trend, as other persons of African descent began to ascend to the bench, but for the next 14 years, they were all by appointment, until Judge Clarence Cooper in 1979 became the first Black judge to take office by county wide election.

Judge Cooper’s election, and the subsequent elections of individuals such as Leah Sears and Kimberly Esmond Adams, proved that Georgia voters can select highly qualified judges who are representative of the communities they serve, if they are only given a chance.  Many of us see this as a positive development, but apparently not all of us see it that way.

It appears that there are some who view this triumph of democracy as threatening.  And so we are witnessing the emergence of a disturbing new trend in which judicial vacancies are timed in a manner to deprive the voters of the opportunity to fill vacant positions.  Today, in places like Fulton County, these vacancies are more often filled by appointment, the appointing authorities are not like Ivan Allen, and the bench is becoming less and less representative.

Public institutions are more likely to be accountable to the people – more likely to instill the confidence of the public - if those who administer them are representative of the communities they serve.  If the people who appoint judges can’t be made to understand this, then let the voters fill the vacancies, and let’s make sure that they have candidates to choose from who are highly qualified and who are representative of their communities.

There are those of us who are working to make this happen.  We hope that you will join us.