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, 2026, it had 156 amendments. (Data on file with John Dinan, Wake Forest University.)
Filters
The Delaware Constitution: The First of Firsts
Ironically, Delaware is last in allowing its citizens forms of direct democracy.
How Are State Judges Selected?
Thirty-eight states use elections as part of their system for choosing high court judges.
Closing Remarks
Transcript of panel from Symposium: State Constitutions and the Limits of Criminal Punishments
The Tenacious Power of Constitutional Torts
Despite hurdles, civil rights litigation is a critical tool for people who have been harmed by the government and for those seeking long-lasting change.
Who’s Hiring State Supreme Court Clerks?
State-by-state information to aid law students and young attorneys in securing a state clerkship.
Religious Freedom and Abortion
Religious liberty protections have been steadily extended in both state and federal court over the last two decades. In some states, plaintiffs are arguing religious liberty includes a right to an abortion, with some success.
The Other Declarations of 1776
A number of states adopted constitutions, including Declarations of Rights, the same year the nation was born.
State Law Gives Litigators Extra Tools to Counter Originalism
Unique features of state courts allow lawyers to go beyond arguments available in federal courts.