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Legal Challenge Over Political Balance for Delaware Judges

Joe Gratz
/
creative commons

DOVER, Del. (AP) - A Delaware attorney is asking a federal judge to hold Delaware's governor in contempt of court for ignoring a ruling declaring a state mandate for political balance among judges unconstitutional.

Wednesday's court filing comes after the state Judicial Nominating Commission circulated a notice this week indicating that Democratic Gov. John Carney will consider political affiliation and expects to appoint a fellow Democrat upon the pending retirement of a Sussex County Superior Court judge.

In December, the federal judge ruled that a provision in Delaware's constitution requiring a political balance among state court judges is unconstitutional.

A lawyer for James Adams, an attorney who sued Carney over the provision, says Carney is ignoring the court ruling, which has been appealed, and should be held in contempt.

Carney's office declined to comment.

Don Rush is the News Director and Senior Producer of News and Public Affairs at Delmarva Public Media. An award-winning journalist, Don reports major local issues of the day, from sea level rise, to urban development, to the changing demographics of Delmarva.