ATLANTA (CN) — A former Democratic congressman running for a spot on Georgia's Supreme Court asked a judge Monday to block a state judicial committee from sanctioning him for talking about abortion issues during his campaign.
John Barrow argues that Georgia’s Code of Judicial Conduct is being enforced against him in a manner that violates the First and Fourteenth Amendments. He filed his lawsuit in federal court just hours before the deadline to reply to a complaint that he is violating state judicial ethics rules and that his campaign ads are not in compliance with state rules.
"Not only are they trying to stop me from saying what I believe, they're trying to punish me," Barrow said during a press conference after a hearing Monday.
The complaint made to the the state's Judicial Qualifications Commission accuses Barrow of violating a judicial rule that bars candidates from making promises or commitments about how they will rule on cases that are likely to come before the high court.
"I have never decided or declared how I'd rule on any case," Barrow said Monday.
"But I've not hesitated to say what I believe in because that's what people have a right to know," he added.
During Monday's hearing, U.S. District Judge Michael Brown appeared hesitant to grant an injunction before a special committee of the commission has actually acted on the complaint and determined whether his statements were in violation of the rules or not yet.
If it does, a full Georgia’s Judicial Qualifications Commission panel will then conduct an investigation to decide if sanctions should be imposed, including removal or suspension from office, censure, public reprimand and other disciplinary actions.
The only reason the complaint is not confidential is because Barrow discussed it publicly, the judge said.
Brown added that it might be best for Barrow to present his arguments before the committee first before presenting them to the court.
However, the judge also told defense counsel it is naive to think that those running don't already have strong views on big issues. He expressed concerns that Barrow's statements were being considered in a larger context and noted that Barrow is not any part of the challenge to Georgia’s abortion law that is pending in a lower state court.
"Why should we assume that someone who is running to take an oath of office, would not fulfill that oath?" Brown asked.
Throughout his campaign, Barrow has said he believes Georgia’s constitution guarantees a right to abortion that is at least as strong as Roe v. Wade before it was overturned in 2022. That decision paved the way for a 2019 Georgia law to take effect, banning most abortions after about six weeks of pregnancy when fetal cardiac activity can be detected — which is before most women know they are pregnant.
Early voting is underway for the nonpartisan May 21 race between Barrow and Justice Andrew Pinson, who was appointed to the state's nine-justice court by Republican Governor Brian Kemp in 2022.
Pinson has accused Barrow of injecting partisan politics into judicial races. Barrow told reporters Monday that Pinson wants people to believe that he doesn't have an opinion on anything until he actually signs the opinion, which is too late for the voters who must decide whether or not to vote for him.
"Mr. fair and impartial has prejudged the underlying case here and is working the refs all to raise money," he added.
In Georgia, incumbent justices almost never lose or face serious challenges during elections. The three other justices seeking new six-year terms on the state's high court are running unopposed.
Judge Brown did not say when he intends to issue a ruling.
Follow @Megwiththenews
Subscribe to Closing Arguments
Sign up for new weekly newsletter Closing Arguments to get the latest about ongoing trials, major litigation and hot cases and rulings in courthouses around the U.S. and the world.
