James Adams

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A Philadelphia federal court of appeals is to hear the fight over whether the Delaware governor must have a balance of Democratic and Republican judges in the state.

The case involves Governor John Carney against James R. Adams a former Department of Justice lawyer.

Wilmington attorney David Finger charged that arguments for keeping the balance is mere political horse trading.

The Wilmington News Journal reports that Finger said that as a political independent Adams would be kept off the Delaware bench.

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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.

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DOVER, Del. (AP) - A federal judge has granted Gov.  John Carney more time to respond to a lawsuit challenging the requirement for political balance on Delaware's courts.

The judge agreed Wednesday to give Carney until Tuesday to respond to the lawsuit.

Attorney James Adams sued Carney last month over a provision in Delaware's constitution that mandates that judicial nominations and judgeships be split between the two major political parties.

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DOVER, Del. (AP) - A Delaware lawyer says the state's constitution is unconstitutional in requiring a political balance among judges on Delaware's courts.

James Adams sued Gov. John Carney on Tuesday over the provision, which mandates that judicial nominations and judgeships be split between the two major political parties.

Adams says selecting judges partially on political affiliation, and excluding members of minority parties, is unconstitutional. He claims that violates the freedom of political association guaranteed by the U.S. Constitution.