Delaware
Delaware’s highest court is the Delaware Supreme Court. The court has four justices and one chief justice. The chief justice is nominated by the governor for a 12-year term and must be confirmed by the state senate. (Source: Delaware Constitution)
Judicial Selection
The governor nominates a candidate to the Delaware Supreme Court from a list provided by a judicial nominating commission. The nominee must be confirmed by a majority of the state senate. Justices serve 12-year terms and may seek reappointment to additional terms in the same appointment process. The governor appoints interim candidates from a list provided by a judicial nominating commission. The nominee must be confirmed by a majority of the state senate. An appointed justice serves a 12-year term. There are no term limits nor is there a mandatory retirement age.
State Constitution
Delaware has had four constitutions adopted between 1776 and 1897. As of January 1, 2024, it had 156 amendments. (Source: John Dinan, 2024)
Filters
State Law Gives Litigators Extra Tools to Counter Originalism
Unique features of state courts allow lawyers to go beyond arguments available in federal courts.
The Untold Story of 150 Years of Women in State Judiciaries
A focus on the U.S. Constitution and federal judges has obscured a longer and more complex history of women serving on state benches — and how state constitutions mattered in their rise.
New Year Scholarship Roundup: Federal-State Conflict, State Courts, and Election Administration
Several new articles explore state power in times of federal-state and interstate conflict.
Who’s Hiring State Supreme Court Clerks?
State-by-state information to aid law students and young attorneys in securing a state clerkship.
Voting Rights and Democracy in State Courts
Transcript of panel from Symposium: The Power of State Constitutional Rights
State Constitutional Amendments and State Conventions
Transcript of panel from Symposium: The Power of State Constitutional Rights
The Diversity of Rights in State Constitutions
Transcript of panel from Symposium: The Power of State Constitutional Rights
Federalism and Interstate Conflicts
Transcript of panel from Symposium: The Power of State Constitutional Rights