Justice Henry Horsey dies at 91

Retired Delaware Supreme Court Justice Henry Ridgely Horsey died March 3, court officials say.

Horsey, 91, served on the Delaware Supreme Court from 1978 until 1994.

“It was an honor for me to serve with Justice Horsey, who warmly welcomed me to the Delaware Supreme Court,” said Justice Randy J. Holland, speaking on behalf of the Delaware Supreme Court.

Court officials note that during his tenure on the state’s highest court, Horsey authored more than 200 published opinions. Many became landmark decisions, most notably his opinion in Riley v. State, which became the format for the seminal holding by the U.S. Supreme Court in the landmark 1986 case Batson v. United States, which prohibits attorneys from removing a prospective juror based on race during jury selection in criminal proceeding.

A longtime resident of Rehoboth Beach, Horsey was well-known for his pugnacious and outspoken demeanor, having engaged in more than one legal battle with the city government.

Attorney Gene Lawson said, "He was a neat guy. Outspoken man. Didn't particularly care what people thought about what he had to say. He cared about property rights and the government staying out of people's business."

Former Commissioner Walter Brittingham said Horsey became active in city politics over the planting of dune grass, something Horsey championed, and received resistance from city officials. Eventually, dune grass came to be an important feature of Rehoboth's beach.

"He was a very honest and ethical man. He was a very good jurist but he was also a gentleman," Brittingham said.

Horsey's philosophy of the role of a justice was summarized in a list of 10 commandments he offered to a young relative, Henry DuPont Ridgley, when Ridgley was named to Superior Court. Ridgley would later go on to become a Supreme Court justice.

Horsey wrote: "First and foremost, be kind. Second, be patient. Third, be industrious. Four, be prompt. Five, there is no unimportant case. Six, give the office the prestige and dignity expected of it. Seven, but don’t take yourself too seriously. Eight, be tolerant of appellant courts if and when you are reversed. Nine, don’t leave home or the courthouse without your most precious tool, common sense. Ten, pray for divine guidance.”

"You could say it's the passing of a legend," Lawson said.