No Party Affiliation Required for Delaware Judgeships

Dec 7, 2017

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DOVER, Del. (AP) - A federal judge says a provision in Delaware's constitution requiring a political balance among state court judges is unconstitutional.

The judge granted summary judgment Wednesday to James Adams, a lawyer who sued Democratic Gov. John Carney over a state constitutional provision that requires Carney to split judicial nominations and judgeships between the two major political parties. The judge said Delaware's constitution violates the First Amendment of the U.S. Constitution by restricting government employment based on political affiliation.

Adams has said he has wanted to apply for judgeships in the past, but that it would have been futile to do so because he did not meet the political affiliation requirements to fill those spots.

Carney's office had no immediate comment.