Garcia v. Miller

Fletcher, Justice.

This appeal challenges the right of a state court judge to continue in office after his constitutional term of office ends. We affirm the trial court’s dismissal of the appellant’s petition for quo warranto.

Paul B. Garcia, Jr. seeks to remove Ben J. Miller from office as judge of the Superior Courts of the Griffin Judicial Circuit. Garcia argues that Judge Miller is holding office illegally because his term expired on January 1, 1991, and he has not been reelected to a new four-year term as required under the State Constitution.

Judge Miller holds one of the judgeships…