Carley to be state’s next chief justice

May 29, 2012-Atlanta-Justice George Carley is sworn in as the 29th Chief Justice of the Supreme Court of Georgia to a packed crowd at the Georgia Supreme Court Tuesday. Carley who is retiring in July, is not running for re-election because a state law that does not allow appellate judges to receive their pension if they stay on the bench after they turn 75. Carley is next in line to be chief justice and wouldn't have had the chance, except the other justices voted to let him serve as chief the final few months before he retires. Carol Hunstein is stepping aside as chief to give Carley the chance to head the state's highest court. VINO WONG / VWONG@AJC.COM

Credit: vwong@ajc.com

Credit: vwong@ajc.com

May 29, 2012-Atlanta-Justice George Carley is sworn in as the 29th Chief Justice of the Supreme Court of Georgia to a packed crowd at the Georgia Supreme Court Tuesday. Carley who is retiring in July, is not running for re-election because a state law that does not allow appellate judges to receive their pension if they stay on the bench after they turn 75. Carley is next in line to be chief justice and wouldn't have had the chance, except the other justices voted to let him serve as chief the final few months before he retires. Carol Hunstein is stepping aside as chief to give Carley the chance to head the state's highest court. VINO WONG / VWONG@AJC.COM

When Georgia Supreme Court Justice George Carley determined he would resign when his term runs out at the end of next year, he knew he would be passing up the chance to be chief justice of the state’s highest court.

But on Thursday, his six colleagues made sure that was not going to happen. The court voted unanimously to allow Carley to serve as chief justice for a two-month period next year before he leaves the bench.

"I am humbled beyond words," Carley said. "I'm excited. I'll do the best job I can."

Current Chief Justice Carol Hunstein came up with the idea.

"It was so nice of her," Carley said. "I'm so appreciative of her courtesy, kindness, generosity."

Carley has served the state with distinction as a judge for 32 years, Hunstein said.

"His keen mind, devotion to the law and commitment to maintaining the integrity and independence of the judicial branch are why we are taking this step," she said.

Carley would have been next in line to become the court's chief justice based on seniority, but he has said there was no chance he would seek reelection. Under state law, judges cannot collect their pensions if they stay on the bench after they turn 75. Carley will be 74 when his term ends next year.

Hunstein's term as chief justice, scheduled to end June 30, 2013, will be extended another two months. The months Carley will serve as chief justice next year have yet to be determined.

The court’s action Thursday is not without precedent. In July 1992, when Justice Charles Weltner, battling esophagus cancer, announced he was retiring later that year, then-Chief Justice Harold Clarke stepped aside to let Weltner serve a brief period as chief justice. Weltner died that August.