What did the court decide?

The Court of Appeals dismissed the original mandamus petition because the petitioner did not first seek relief in the superior court and this case was not an exceptional circumstance warranting direct appellate intervention.

Who is affected by this decision?

Cedric Herbert is directly affected because his petition was dismissed; the trial judge and the Jefferson County Board of Commissioners are indirectly affected because no appellate order was issued regarding the recusal motion.

What happens next for the petitioner?

Herbert should file a petition for mandamus or other appropriate relief in the superior court that has authority over the pending civil action before seeking relief in the Court of Appeals.

Can this dismissal be appealed?

The order dismissing an original petition for mandamus by the appellate court is itself the court's determination on jurisdiction; the practical next step is to pursue relief in the superior court rather than appeal this jurisdictional dismissal.

CEDRIC HERBERT v. JEFFERSON COUNTY BOARD OF COMMISSIONERS

Docket A26O0003

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

CivilDismissed

Filed: Apr 8, 2026 · 3 weeks ago
Jurisdiction: Georgia
Court: Court of Appeals of Georgia
Type: Opinion
Case type: Civil
Disposition: Dismissed
Docket: A26O0003

Original mandamus petition filed in the Court of Appeals seeking to compel a trial judge to refer a recusal motion.

Summary

The Court of Appeals dismissed Cedric Herbert’s original mandamus petition seeking an order requiring a trial judge to refer his recusal motion to another judge. The court explained that mandamus in the appellate courts is reserved for extremely rare cases because superior courts generally have authority to grant such extraordinary relief and the petitioner should first seek relief in the appropriate lower court. Because Herbert did not show he first petitioned the superior court and this case was not one of the rare exceptions, the Court of Appeals declined to exercise original jurisdiction and dismissed the petition.

Issues Decided

Whether the Court of Appeals should exercise original jurisdiction to grant mandamus when the petitioner did not first seek relief in the superior court.
Whether the circumstances presented were sufficiently rare to justify bypassing the lower court and issuing mandamus in the appellate court.

Court's Reasoning

The court relied on precedent that extraordinary writs in the appellate courts are appropriate only in extremely rare cases because superior courts ordinarily have authority to issue such relief. The controlling rule requires that an applicant first seek an adequate remedy in the appropriate lower court and demonstrate a clear legal right to the writ. Because Herbert provided no indication he petitioned the superior court and did not show this was one of the rare exceptions, the Court declined to exercise original jurisdiction and dismissed the petition.

Authorities Cited

Brown v. Johnson251 Ga. 436 (306 SE2d 655) (1983)
Bibb County v. Monroe County294 Ga. 730 (755 SE2d 760) (2014)
Arnold v. Alexander321 Ga. 330 (914 SE2d 311) (2025)

Parties

Petitioner: Cedric Herbert
Respondent: Jefferson County Board of Commissioners
Court: Court of Appeals of the State of Georgia

Key Dates

Decision date: 2026-04-08

What You Should Do Next

1
File in superior court
Submit a mandamus petition or other appropriate motion in the superior court that is handling the underlying civil action to seek relief regarding the recusal request.
2
Consult an attorney
Discuss with counsel whether the superior court petition should include facts showing an urgent or exceptional need that might later justify appellate original jurisdiction if lower-court relief is denied.
3
Preserve record
Ensure the record documents attempts to obtain relief in the superior court, as that will be necessary if you later seek mandamus in the appellate court after exhausting or being denied an adequate remedy below.

Frequently Asked Questions

What did the court decide?: The Court of Appeals dismissed the original mandamus petition because the petitioner did not first seek relief in the superior court and this case was not an exceptional circumstance warranting direct appellate intervention.
Who is affected by this decision?: Cedric Herbert is directly affected because his petition was dismissed; the trial judge and the Jefferson County Board of Commissioners are indirectly affected because no appellate order was issued regarding the recusal motion.
What happens next for the petitioner?: Herbert should file a petition for mandamus or other appropriate relief in the superior court that has authority over the pending civil action before seeking relief in the Court of Appeals.
Can this dismissal be appealed?: The order dismissing an original petition for mandamus by the appellate court is itself the court's determination on jurisdiction; the practical next step is to pursue relief in the superior court rather than appeal this jurisdictional dismissal.

The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.

Full Filing Text

Court of Appeals
of the State of Georgia

ATLANTA,____________________
April 08, 2026

The Court of Appeals hereby passes the following order:

A26O0003. CEDRIC HERBERT v. JEFFERSON COUNTY BOARD OF
COMMISSIONERS et al.

Cedric Herbert filed an original mandamus petition in this Court, seeking to
require the trial court judge in a pending civil action to refer to another judge a motion
for recusal filed by Herbert.
“Generally, the superior courts of this state have the power, in proper cases, to
issue process in the nature of mandamus, prohibition, specific performance, quo
warranto, and injunction, and hence the need to resort to the appellate courts for such
relief by petition filed in the appellate courts will be extremely rare.” Brown v.
Johnson, 251 Ga. 436, 436 (306 SE2d 655) (1983); see Ga. Const. of 1983, Art. VI, Sec.
I, Par. IV (providing that appellate courts have mandamus authority in aid of their
jurisdiction). Moreover, mandamus will issue “only if (1) no other adequate legal
remedy is available to effectuate the relief sought; and (2) the applicant has a clear
legal right to such relief.” Bibb County v. Monroe County, 294 Ga. 730, 734 (2) (755
SE2d 760) (2014). As the Supreme Court of Georgia recently explained, “it will be an
‘extremely rare’ circumstance that would require a party to seek a writ of mandamus
in [an appellate court] in the first instance, given that superior court judges have the
power to issue process in the nature of mandamus against other superior court judges
or trial court officials.” Arnold v. Alexander, 321 Ga. 330, 335(1) n.6 (914 SE2d 311)
(2025). Rather, the procedure to be followed before seeking to invoke this Court’s
original jurisdiction is to file the petition in the appropriate lower court first. Id.
Here, there is no indication that Herbert petitioned the superior court for a writ
of mandamus, and this is not one of the extremely rare instances in which this Court
will exercise its original jurisdiction. Thus, there is no basis for this Court to exercise
its jurisdiction, and this original petition is hereby DISMISSED.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
04/08/2026
I certify that the above is a true extract from
the minutes of the Court of Appeals of Georgia.
Witness my signature and the seal of said court
hereto affixed the day and year last above written.

, Clerk.