Delaware

How Members of the Delaware Supreme Court are Selected:

Appointment, Legislative Confirmation, Commission Retention

Justices are selected by gubernatorial appointment. Candidates are screened by a judicial nominating commission, which submits a list of at least three names to the governor. Eleven of the 12 commission members are appointed by the governor and must include at least four lawyers and at least four non-lawyers; one member is appointed by the President of the Delaware State Bar Association and approved by the governor. In selecting a justice, a governor can request supplemental names, but must appoint someone submitted by the commission. Appointees – including interim appointees – must be confirmed by the Delaware Senate and confirmed justices serve for 12 years. Justices must apply to the commission and go through the process again to serve a subsequent 12-year term. Delaware’s Constitution requires a partisan balance on each state court, and so no more than a 3-2 partisan majority can exist.