Federal court finds Delaware’s judicial political balancing violates First Amendment

Delaware’s Constitution failed to meet U.S. Constitutional standards in its provision that the state’s major political parties be represented equally on the state’s key courts. A panel of the Third Circuit U.S. Court of Appeals ruled that the provision violated the First Amendment in that it meant independents or third party members could not be judges. (Delaware Law Weekly, February 5, 2019, by Tom McParland)

The panel also wrote that the Delaware Code of Judicial Conduct holds that judges need to be independent rather then bound to political partisanship. The judges should not necessarily be deciding cases that reflect party interests that might advance the Governor’s policy goals. (Constitutional Law Prof Blog, February 6, 2019, by Steven D. Schwinn)

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