Chief Justice Nels S. D. Peterson urges lawmakers to defend rule of law, backs nonpartisan probate judge amendment

Chief Justice Nels S. D. Peterson told a joint session of the Georgia General Assembly that the state’s judiciary is "strong" but under pressure and called on legislators to defend the rule of law. "No person is above the law's requirements or beneath its protections," Peterson said, urging lawmakers not to "reflexively question the court's legitimacy" when they disagree with outcomes.

Peterson framed his remarks around judicial independence and the duties of both branches of government. He warned that "the rule of law will not survive when the legitimacy of judicial decisions and those who make them is routinely questioned," and counseled against pushing judges beyond the limits of their legal authority: "The rule of law is not rule by judges."

The chief justice asked the General Assembly to approve House Resolution 251, a proposed constitutional amendment that would end partisan elections for probate judges. "Taking this final step with HR 251 will ensure that all elected Georgia judges are elected solely on a nonpartisan basis," Peterson said, noting that last year the Legislature ended partisan elections for magistrate judges.

Peterson also highlighted operational strains and reform work in Georgia courts. He cited court filing increases in several circuits — nearly 44% in a South Georgia circuit, 17% in DeKalb and 14% in the Chattahoochee Judicial Circuit — and said appellate caseloads have risen year over year (the Supreme Court’s direct-appeal caseload was up 25% and the Court of Appeals’ up 24%). To address delays in dependency cases, the judiciary is piloting a court improvement program with the Department of Family and Children Services in Cobb, DeKalb, Fulton and Gwinnett to reduce time from removal to reunification, and infant-toddler court pilots are operating in Athens-Clarke, Gwinnett and Troup counties.

On technology and access to justice, Peterson described two recent study committees: an Ad Hoc Committee on Artificial Intelligence in the courts that reviewed risks such as fabricated evidence and AI-generated filings that cite nonexistent cases, and a Supreme Court Study Committee on Legal Regulatory Reform that recommended pilot projects permitting trained nonlawyers to perform limited legal tasks. He noted that in 2023 more than 420,000 civil cases involved at least one unrepresented party, and he said regulatory innovation could help close that gap while protecting core court functions.

Peterson also raised judicial safety concerns and described efforts to track and respond to threats. He said the Judicial Council had recorded 35 threats against 30 judges since late 2024, leading to nine arrests, and asked continued legislative support for modest funding to enhance judicial security statewide.

Peterson closed by thanking the Legislature, invoking the separate oaths of judges and legislators and urging both branches to "commit to keep our oaths to the Constitution and the rule of law it embodies." The joint session then dissolved and the Senate returned to its separate business.