Judge Weighs Appeal on Jerica Richardson’s Commission Seat Vacancy

A Cobb Superior Court judge is deliberating whether Cobb County Commissioner Jerica Richardson will remain in office until the spring or be removed by the New Year.

The current case is the latest before the courts and dates back to two years ago when Cobb County Chair Lisa Cupid rejected electoral maps approved by the Georgia legislature and instead created her own map to keep Richardson on the commission. This map, which was also used inappropriately to conduct county business and determine who could run for office in two Cobb districts, was later ruled unconstitutional by a Superior Court judge.

After that ruling, Cupid accepted the court’s decision and in September 2024, Richardson’s seat was declared vacant by Cupid and fellow commissioners. Richardson appealed the vacancy ruling, and her case was heard by Judge Ann Harris on Friday.

It remains uncertain whether Judge Harris will issue a ruling before the New Year, and if her decision is appealed, it could delay Richardson’s departure further. If Judge Harris rules in Richardson’s favor, she will remain in office until her successor is elected on April 29. However, if Harris sides with Cobb County and finds the seat vacant, Richardson’s term will end on December 31.

The dispute that Cobb Citizens have been forced to witness on a near-daily basis stems from redistricting done by the Georgia General Assembly in 2022, which placed Richardson outside District 2. In response, Cupid, Richardson, and Commissioner Monique Sheffield concocted an idea that they could pass their own “home rule” map to keep Richardson within her district. Cupid, who is a trained lawyer, knew that the General Assembly is the only body in Georgia that can legally draw maps. Cupid’s map was later deemed illegal by the courts, after costing Cobb taxpayers millions.

Every decade, state lawmakers redraw electoral maps based on new census data. While it is customary for the state to adopt the map proposed by a county’s local delegation, Republicans in the Georgia General Assembly rejected the map put forward by Cobb’s Democratic delegation.

Richardson’s attorney, Justin O’Dell, argued that this rendered the map an improper piece of local legislation. County Attorney Elizabeth Monyak argued that the law requires commissioners to reside within the district they represent, which, under the current map, is District 2. Since Richardson does not live within District 2 as defined by the new map, Monyak contended that the seat is vacant. O’Dell countered, asserting that Richardson should remain in the district she was originally elected to, emphasizing that the statute refers to the district she was elected to, not the newly defined District 2.

Judge Harris indicated that she hopes to issue a ruling in the coming weeks, stating, “I will be working very hard over the next couple of weeks to try to get an answer out in a timely manner. I know everybody wants to get this resolved, so I’m gonna do my best to try to get something out.”