Timing of Justice Carley's retirement will let Deal pick successor

Two lawyers -- Scott Bonder of Atlanta and Tamela "Tammy" Adkins of Lawrenceville -- had already announced they would run for what they thought would be an open seat in next year's elections. A number of other lawyers and judges also had expressed interest.

"I am saddened that Justice Carley has effectively taken this decision out of the hands of the people of Georgia," said Adkins, who lost in a runoff last year for a seat on the state high court. "It circumvents the voting process in our great state and makes the Supreme Court subject to political party control."

Bonder, who noted his campaign had already raised more than $86,000, said, "I'm shocked, to say the least."

Carley had already said he was not going to run for re-election. Under state law, judges cannot collect their pensions if they stay on the bench after they turn 75. Carley, who was appointed by Gov. Zell Miller in 1993, will be 74 when his term ends next year.

A month ago, Carley's six colleagues on the court voted unanimously to let him serve as chief justice for a two-month period next year before he leaves the bench. It will allow him to become the first in Georgia history to serve as chief justice and presiding justice of the Georgia Supreme Court, as well as chief judge and presiding judge of the Georgia Court of Appeals.

Carley said he will sit as chief justice from late May until July 17, when the court's January term ends.

On Tuesday, Carley said he agonized over whether to step down with five months left to serve. "It suddenly hit me I could retire as chief justice," he said. "And I want to retire as chief justice. I'm sorry that some people have already spent time getting organized [for the election]."