Judge won’t toss suit over Delaware court political balance

Headline Legal News

A federal judge has refused to dismiss a lawsuit against Democratic Gov. John Carney over Delaware’s requirement for political balance on its courts.

Friday’s ruling is the latest in a long-running legal battle over a “major-party” provision in Delaware’s constitution under which judicial appointments to the state’s three highest courts are split between Republicans and Democrats.

The Supreme Court, Court of Chancery and Superior Court are subject to a separate “bare majority” provision that also applies to Family Court and the Court of Common Pleas. That provision says no more than a bare majority of judges on those courts can be affiliated with a single political party.

The result of the major-party provision is that any person not affiliated with either the Republican or Democratic Party is unable serve on the Supreme Court, Superior Court or Court of Chancery.

Wilmington lawyer James Adams, a former Democrat who is now an unaffiliated voter, claims that the provision violates his First and Fourteenth Amendment rights by barring him from being considered for a judgeship on the Superior Court, a position for which he has twice applied and been rejected.

Judge Maryellen Noreika ruled Friday that Adams had legal standing to challenge the major-party provision and denied the governor’s motion to dismiss the lawsuit.

Related listings

  • Court okays grand jury probe in school sex assaults

    Court okays grand jury probe in school sex assaults

    Headline Legal News 09/02/2022

    An attempt by the Loudoun County School Board to shut down a grand jury investigating the school system’s handling of two sexual assaults was rejected Friday by the Supreme Court of Virginia.The high court upheld a ruling in July by a circuit c...

  • Court sets fall arguments on trans youth treatment ban

    Court sets fall arguments on trans youth treatment ban

    Headline Legal News 08/05/2022

    A federal appeals court will hear arguments in November over Alabama’s efforts to outlaw the use of gender-affirming medications to treat transgender minors.Alabama is asking a federal appeals court to lift an injunction and let it enforce a la...

  • Zimbabwe students scoop international awards for moot court

    Zimbabwe students scoop international awards for moot court

    Headline Legal News 07/17/2022

    A history-making team of Zimbabwean high school students that became world and European moot court competition champions has been widely praised in a country where the education system is beset by poor funding, lack of materials and teachers’ s...

Is Now the Time to Really Call a Special Education Lawyer?

IDEA, FAPE, CHILD FIND and IEPs: The Individuals with Disabilities Education Act (IDEA) guarantees all children with disabilities to a free appropriate public education (FAPE). FAPE starts with a school’s responsibility to identify that a child has a disability (Child Find) and create an Individualized Education Program (IEP) to suit the needs of the child. Parents need to be persistent, dedicated and above all else aware of the many services and accommodations that their child is entitled to under the law. As early as this point within your child’s special education, many parents will often find themselves in the situation asking, “is now the time to really call a special education lawyer.” Here are a few things to consider when asking yourself that question.