Judicial selection in Delaware
| Judicial selection in Delaware | |
 | |
| Delaware Supreme Court | |
| Method: | Assisted appointment |
| Term: | 12 years |
| Superior Court of Delaware | |
| Method: | Assisted appointment |
| Term: | 12 years |
| Delaware Court of Chancery | |
| Method: | Assisted appointment |
| Term: | 12 years |
| Delaware Family Court | |
| Method: | Assisted appointment |
| Term: | 12 years |
| Delaware Court of Common Pleas | |
| Method: | Assisted appointment |
| Term: | 12 years |
Judicial selection refers to the process used to select judges for courts. At the state level, methods of judicial selection vary substantially in the United States, and in some cases between different court types within a state. There are six primary types of judicial selection: partisan and nonpartisan elections, the Michigan method, assisted appointment, gubernatorial appointment, and legislative elections. To read more about how these selection methods are used across the country, click here.
This article covers how state court judges are selected in Delaware, including:
- Delaware Supreme Court,
- Delaware Superior Court,
- Delaware Chancery Court, and
- Limited jurisdiction courts
As of March 2023, judges for all courts in the state except the Delaware Justice of the Peace Courts and the Delaware Alderman's Courts were selected through the assisted appointment method, where the governor selects a nominee from a list provided by a nominating commission. Judges of the Delaware Justice of the Peace Courts were selected through gubernatorial appointment, where the governor directly selects judges. Alderman's Court judges were appointed by the governing body of their municipality.
Delaware's constitution requires that there be an even partisan balance on each state court. For courts with an even number of judges, this means that no more than half of the seats on the court may be held by judges who are members of the same political party. For courts with an odd number of judges (including the state supreme court), this means that no more than a bare majority of seats on the court may be held by members of the same party. For example, a court with five seats could not have any more than three judges who are members of the same party.[1]
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Delaware Supreme Court
- See also: Delaware Supreme Court
The five justices on the Delaware Supreme Court are selected by an assisted appointment method, whereby a judicial nominating commission screens candidates and submits at least three names to the governor. The governor may decline to appoint someone from this list and instead request a supplemental list, but ultimately a name from one of these lists must be submitted to the Delaware Senate. The commission is made up of 12 members, eleven of which are appointed by the governor (including at least four lawyers and at least three non-lawyers). The president of the Delaware State Bar Association nominates the twelfth member, who is added to the commission with the governor's approval. The governor designates the commission's chairperson.[2]
Appointed justices serve for 12 years, at which point they must apply to the commission for reappointment.[3] The commission must recommend sitting judges for reappointment unless two-thirds or more of the committee object. Reappointed judges also serve 12-year terms.[3] Delaware is relatively unique in that appointees' initial terms are no shorter than their subsequent ones
Delaware's constitution requires that there be an even partisan balance on each state court. For courts with an even number of judges, this means that no more than half of the seats on the court may be held by judges who are members of the same political party. For courts with an odd number of judges (including the state supreme court), this means that no more than a bare majority of seats on the court may be held by members of the same party. For example, a court with five seats could not have any more than three judges who are members of the same party.[3]
Qualifications
To serve on this court, a judge must:
- be a state resident; and
- be learned in the law.[4]
Chief justice
The process for selecting a chief judge or justice for the supreme, superior, and chancery courts is identical to the process used to select associate judges. The governor chooses an appointee from a list compiled by the judicial nominating commission, and if the state Senate gives consent, the appointee will serve a 12-year term as chief.[2]
Vacancies
If a midterm vacancy occurs on the court, the seat is filled as it normally would be if the vacancy occurred at the end of a judge's term. A judicial nominating commission recommends qualified candidates to the governor, and the governor selects a successor from that list with Senate approval. The new appointee serves a 12-year term.[2][5]
The map below highlights how vacancies are filled in state supreme courts across the country.
See also
External links
Footnotes
- ↑ The Delaware Code Online, "§ 3. Appointment of judges; terms of office; vacancies; political representation; confirmation of appointment.," accessed March 28, 2023
- ↑ 2.00 2.01 2.02 2.03 2.04 2.05 2.06 2.07 2.08 2.09 2.10 Delaware.gov, "Executive Order 16," accessed March 28, 2023
- ↑ 3.0 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 The Delaware Code Online, "§ 3. Appointment of judges; terms of office; vacancies; political representation; confirmation of appointment.," accessed March 28, 2023
- ↑ The Delaware Code Online, "§ 2. Justices of Supreme Court and other State Judges; qualifications; residence; precedence.," accessed March 28, 2023
- ↑ 5.0 5.1 5.2 Brennan Center for Justice, "Judicial Selection: An Interactive Map," accessed March 23, 2023
- ↑ Delaware Courts Judicial Branch, "Judicial Appointments," accessed March 28, 2023
- ↑ The Delaware Code Online, "§ 2. Justices of Supreme Court and other State Judges; qualifications; residence; precedence.," accessed March 28, 2023
- ↑ 8.0 8.1 Delaware Courts Judicial Branch, "Judicial Officers," accessed March 28, 2023
- ↑ Delaware Courts Judicial Branch, "An Overview of the Delaware Court System," accessed March 28, 2023
- ↑ Delaware Courts Judicial Branch, "Court of Common Pleas Judicial Officers," accessed September 7, 2021
- ↑ Delaware Courts Judicial Branch, "Family Court Judicial Officers," accessed September 7, 2021
- ↑ The Delaware Code Online, "Article IV - § 29. Justices of the Peace; term of office; powers of the Chief Magistrate and Justices of the Peace.," accessed March 28, 2023
- ↑ Delaware Courts Judicial Branch, "Alderman's Courts," accessed March 28, 2023
- ↑ American Judicature Society, "History of Reform Efforts: Delaware," accessed September 10, 2021
- ↑ U.S. Courts, "FAQ: Federal Judges," accessed March 26, 2015
- ↑ American Bar Association, "Judicial Selection: The Process of Choosing Judges," accessed August 10, 2021
Federal courts:
Third Circuit Court of Appeals • U.S. District Court: District of Delaware • U.S. Bankruptcy Court: District of Delaware
State courts:
Delaware Supreme Court • Superior Court of Delaware • Delaware Court of Chancery • Delaware Family Court • Delaware Court of Common Pleas • Delaware Justice of the Peace Courts • Delaware Alderman's Courts
State resources:
Courts in Delaware • Delaware judicial elections • Judicial selection in Delaware
