IN THE PROFESSION
Chief Justice Nahmias opened the session by describing his plans after July 17 , 2022 , his last day on the Georgia Supreme Court . Chief Justice Nahmias will be teaching a course at Emory Law School and intends on practicing in the future , but he is looking forward to taking some time away from the practice of law for the remainder of the year after his departure from the Court and watching his son play football at Duke .
Other Justices also shared personal activities and interests outside of the Court . Justice Bethel discussed his involvement in the Dalton sports community – having hosted the Dalton High School soccer team for dinner recently Justice Colvin talked about an experience that she recently shared with her son – hiking 96 miles over a 10- day course at the Philmont Scout Ranch in New Mexico . “ It was memorable ,” she recalled . “ I will never forget it .”
The Justices spoke about what drew them to the Georgia Supreme Court . A common thread was the desire to serve – noted by Justices Colvin , McMillian , and Warren . Justices Boggs , Nahmias , and Peterson also noted a particular interest in the unique subject matter jurisdiction of the Court . Justice Warren spoke fondly of her experience arguing in front of the Georgia Supreme Court and emphasized how that experience was instrumental in helping her prepare for arguments in front of the United States Supreme Court and her current role as a Justice . She attributed her experiences in front of the Georgia and United States Supreme Courts as those that opened her eyes to how gratifying and rewarding appellate practice can be .
Chief Justice Namias was asked about his favorite or most memorable case during his tenure on the Court . The Court decides about 350 cases per year by opinion , and Chief Justice Nahmias estimated he had participated in 13,000 cases over his tenure . He discussed a memorable dissent regarding state charter schools – which view was later adopted by the legislature through an amendment of the state constitution . He also noted that he tried to treat every case , big and small , with the same amount of seriousness , acknowledging the personal importance of each case to the litigants before him .
The Justices weighed in on successful strategies for oral argument . Justice McMillian recommended approaching oral argument like a conversation . “ We have questions about your case and to the extent you can answer those questions and gear your argument towards what we are interested in and what we have concerns about , that will help with your argument .” She added that it is important for litigants to address the Court ’ s questions before turning to other points they may have . Justice Peterson noted the importance of focusing on the merits of your case , instead of focusing on the weaknesses of your opponent . Justice Bethel noted that , in practice , parties who request oral argument have a higher rate of success , and Justice Peterson said that the Court has a general policy of granting all oral argument requests that are timely and comply with the Court ’ s rules .
General pointers for appearing before the Court were also discussed . Justice Warren strongly recommended watching videos of oral arguments of other cases , even if they do not directly pertain to your case . The Court posts all oral argument videos on their website . She explained that it can help a party understand the dynamic and generally what to do and what not to do . She also stressed the importance of mooting your argument and suggested doing it with someone who did not have expertise on the topic , as he or she would be more likely to ask questions like those that the Court may pose . Justice Warren discouraged people from citing cases that are only tangentially on point , as a weak argument is unlikely to get past the entire panel . Justice Colvin suggested continuing to read and prepare even after submitting briefs . Justice McMillan said it is important for appellants to put out the best enumerations of error , instead of trying to put forth every error that may have been committed by the trial court reminding potential litigants that , “ not all error is reversible error .” Justice Boggs dispelled the myth that the assigned Justice is the only justice familiar with the case . There are memos in every case which are reviewed by every Justice . Justice Boggs described it as a collaborative process . Justice Nahmias reminded litigants that all opinions are precedent so the Court must consider the case at hand as well as the effect on future cases and so potential or future litigants should keep this in mind when appearing before the Court .
The Court also discussed how COVID-19 has affected the Georgia Supreme Court – both in terms of their case load and how it has affected oral arguments . Earlier in the pandemic , oral arguments were conducted via videoconference , with Chief Justice Nahmias being present while the other Justices were remote , either from other places in the building or from home . Justice Boggs noted that some lawyers presented more casually or would read prepared scripts more so than they would have in person but said that remote hearings were generally successful . However , all hearings are now in person and Justice Boggs stated they were happy to be back together . When asked whether the pandemic has caused a backlog of cases , Justice Nahmias noted that the opposite was true and that their caseload is currently down due to the shutdowns in the trial courts where appeals are generated . Justice Boggs stated they are expecting more cases in the future but does not anticipate a backlog due to the two-term rule requiring that the Court dispose of every case during the term it was docketed or the following term .
Lastly , the Justices were asked for advice they would give to their younger selves . The consensus was they would tell their former selves to focus on doing a good job in their current role , instead of worrying about the future . “ Bloom where you are planted ,” encouraged Justice Boggs .
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