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Delaware to allow judges from minor parties or independents

2023-01-30T22:20:24Z

A view of the state of Delaware flag is seen flying at the Leonard L. Williams Justice Center (formerly New Castle County Courthouse) in Wilmington, Delaware, U.S., July 2, 2019. Picture taken July 2, 2019. REUTERS/Jason Minto

Delaware’s governor agreed Monday to consider judicial candidates who have no political affiliation or belong to minor parties, ending a longstanding rule that only Democrats or Republicans could sit on the state’s influential courts, according to a court filing.

The agreement, which was approved a U.S. judge on Monday, leaves in place a requirement in the state’s constitution that no party have more than a “bare majority” of judges on a court, such as 3-2 on the state’s supreme court.

Prior to Monday’s agreement, judicial appointments were limited to the two major parties.

A majority of U.S. companies are incorporated in Delaware and its courts sort out many high-stakes disputes, such as Elon Musk’s bid last year to walk away from his agreement to buy social media platform Twitter Inc, which was overseen by the Court of Chancery.

A spokesman for the governor did not immediately respond to a request for comment.

The agreement resolves a lawsuit brought by James Adams, who applied to be a judge in the state but was not a member of either major party and was not considered. He argued the major party requirement violated his right to free association under the First Amendment to the U.S. Constitution.

The bare majority requirement still applies, but now that majority could consist of independents.

Governor John Carney, a Democrat, had argued that the state’s courts are trusted by business leaders because of the balance guaranteed by the “bare majority” rule.

Judicial candidates in the state are selected by a nominating committee and presented to the governor. The governor’s choice must be approved by the state Senate.

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