DOVER – The House passed a bill regarding residency requirements for appointees to Delaware’s highest court today.
Sponsored by Reps. Sean Lynn, William Bush, William Carson, and Sen. Trey Paradee, House Bill 135 would require that of the five Justices appointed to the Supreme Court, at least one is a resident of Kent County, at least one is a resident of Sussex County and at least two are residents of New Castle County.
“Historically and traditionally, Supreme Court appointees have been brought forth in a manner that has represented geographical balance. And while there is something to be said about upholding and honoring traditions, sometimes it isn’t always practical or possible. This bill turns that tradition into a mandate, and solidifies fair representation for our highest court,” said Rep. Lynn, D-Dover.
“HB 135 provides a pathway for continued fairness within our highest court. It ensures we won’t face a future with a Supreme Court comprised of five justices who are all residents of a singular county.”
The Delaware Supreme Court is the highest court in the State of Delaware. The court has final appellate jurisdiction in criminal cases in which the sentence exceeds certain minimums, in civil cases as to final judgments and for certain other orders of the Court of Chancery, the Superior Court, and the Family Court.
“As the highest court in our state, the Delaware Supreme Court should be representative of the people from whom it draws its authority. At a minimum that should include representatives from all three counties, not unlike other courts, our Legislature, and many of our boards and commissions, including the State Board of Education and the Delaware Board of Elections,” said Sen. Trey Paradee, the Senate prime sponsor of HB 135. “Delaware is a small but diverse state, and the way of life in Claymont is different from the way of life in Camden. Just as it is impossible to imagine a world in which my colleagues from New Castle County would tolerate a Supreme Court made up entirely of justices from Kent and Sussex counties, the people I represent here in Dover should not be asked to accept a Supreme Court made up entirely of residents from outside the borders of Kent County.”
The court’s justices are nominated by the governor and then confirmed by the state Senate, appointed to 12-year terms. Currently, the law requires that three of the justices represent one of the majority parties, with the other two justices representing the other majority political party.
Delaware’s constitution requires that some courts, like the state’s Supreme Court, be split almost evenly between the two majority political parties —known as a judicial balance requirement. The requirement has come under fire in recent years, as the state faced legal challenges from lawyer James Adams who argued that limiting applications to government positions based on political (or lack thereof) affiliation violates the First Amendment.
The litigation lasted nearly six years involving two cases and an appeal to the US Supreme Court. This January, Governor Carney made the announcement that there was no longer interest in defending a system that only allowed Democrats or Republicans to serve as judges because of a rule guaranteeing party balance.
“While historically political affiliation determined representation, which we now know is not enforceable, this bill will provide our highest court a residency requirement to better balance the judicial system here in Delaware,” Rep. Lynn added.
“This bill will continue to provide equal representation for those in the two lower counties,” said Rep. Carson, D-Smyrna.
“Judicial equality is vital to all Delawareans,” said Rep. Bush, D-Dover. “HB 135 provides the path to preserving proper representation from those who serve as jurists.”
Prior to the establishment of state’s modern-day Supreme Court in 1951, Delaware’s highest court consisted of 25 men. Of the 25 serving, 15 came from New Castle County, five from Kent County and five from Sussex County.
The bill would add the above-explained residency requirements to existing law. It now moves to the senate for consideration.
