Carney agrees restriction on judgeships is unconstitutional

today01/31/2023 62

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DOVER, Del. (AP) — Democratic Gov. John Carney has acknowledged that a provision splitting positions on Delaware’s highest courts between Republicans and Democrats is unconstitutional.

The acknowledgment came in a proposed consent agreement filed Monday in a federal court case that reached the U.S. Supreme Court in 2020. Carney agrees that a “major-party” provision in Delaware’s constitution regarding appointments to Delaware’s Supreme Court, Superior Court and Chancery Court is unconstitutional. The agreement ends a long-running battle pitting the Carney administration against Wilmington lawyer James Adams, a former Democrat who is now an unaffiliated voter.

Adams claimed that the provision violated his constitutional rights by barring him from being considered for a judgeship on the Superior Court.

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