A.S. Haley: Analyzing the Georgia Decisions (I): the Dissenters Have the Better Arguments

November 23, 2011

[Note: in this opening post on the recent Georgia cases, I begin with the case involving the Presbyterian Church (Timberridge), because it is the pivot on which the Court's decision in the Christ Church Savannah case turns. I will have more to say about the latter decision in a subsequent post.]

The majority opinion of the Georgia Supreme Court in the recent Christ Church Savannah case offers a study in judicial dynamics. The author of the opinion is Justice David E. Nahmias; he also wrote the opinion for the 4-3 majority in the case of Timberridge Presbyterian Church, which the Court decided the same day. [UPDATE 11/24/2011: I have been given some information which I find simply amazing. I am informed that Justice Nahmias is a prominent member of an Episcopal congregation in Atlanta, while the Presiding Justice of the Georgia Supreme Court, the Hon. George H. Carley, is an equally prominent member of a church that has joined the Anglican Province of America. The latter saw enough of a potential conflict in the Christ Church case to recuse himself from participation in it, while Justice Nahmias not only did not see fit to recuse himself, but authored the majority opinions in both cases! It's pretty good when you find yourself in a position to be able to take a decisive stance in favor of your own Church, while purporting to decide the case on purely secular grounds.]

In the Timberridge case, the dissenters included Presiding Justice George H. Carley, who had recused himself from the Christ Church Savannah case (perhaps because he is a prominent Episcopalian); he was joined in his opinion by Chief Justice Carol W. Hunstein (I am not certain about the distinction in Georgia between the "Chief Justice" and the "Presiding Justice", but there seems to be one). The third dissenting vote came from a lower court judge, the Hon. Deborah C. Benefield, sitting in the place of Justice P. Harris Hines, who did not participate because he serves as an Elder in the First Presbyterian Church of Marietta.  the rest