Order ends two-party monopoly of state judgeships

An attorney’s six-year fight over a two-party monopoly on judgeships in Delaware concluded Jan. 30, when Gov. John Carney agreed the process violates rights of applicants of third or unaffiliated political parties.

In a consent order signed by U.S. District Judge Maryellen Noreika, Carney agrees a major political party restriction for potential judicial applicants in Delaware’s Constitution violates rights under the First Amendment and 14th Amendment of the U.S. Constitution.

“Accordingly, the major political party restriction upon the judicial appointment power of the [governor] is unenforceable to the extent it would preclude a person unaffiliated with a major political party from becoming a member of one of the foregoing courts,” the order reads, referring to Delaware’s Supreme Court, Superior Court and Court of Chancery.

Nothing in the consent judgment and order changes the bare majority requirement of Delaware’s bench, which allows a slim majority of judges from one major political party.

The plaintiff in the suit, James Adams, waives any current or future claims, except if necessary to enforce the consent order. Adams was also granted $27,389 in attorney fees.

Adams, a New Castle attorney, first sued Carney in 2017 in District Court, which ruled in Adams’ favor.

But Carney filed a petition with the U.S. Supreme Court. In 2020, the court reversed the decision of the lower court. The order read: “Because Adams has not shown that he was ‘able and ready’ to apply for a judicial vacancy in the imminent future, he has failed to show a ‘personal,’ ‘concrete’ and ‘imminent’ injury necessary for Article III standing.”

The same day, Adams filed his second lawsuit in U.S. District Court, this time including letters of denial for three judicial positions for which he applied – positions that required a specific political affiliation. Nothing was said about party affiliation in the denial letters, only that the Judicial Nominating Commission received a number of well-qualified and distinguished applications for the same position. 

“The denial of any opportunity for a judgeship unless Adams is a Republican or a Democrat is an ‘injury in fact’ as it denies Adams his constitutional rights under the First Amendment,” the lawsuit stated.

The lawsuit continues to say Adams’ rights under the equal protection clause of the 14th Amendment were also violated.

“By restricting judgeships to members of political parties, Delaware’s Constitution situates politically unaffiliated lawyers differently from those who are members of political parties, denying them any consideration on their merits,” the lawsuit stated.