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)
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What the SCOTUS Term Means for State Courts
Some of the Court’s most important holdings — including on abortion, gun restrictions, and presidential immunity — have implications for state courts and constitutions.
Delaware and Wisconsin Supreme Courts Protect Ballot Access
As the election nears, courts across the country are hearing challenges to measures making it easier to vote.
Judicial Deference to Agency Expertise in the States
Almost all state courts recognize the importance of agencies’ expertise in policymaking.
SCOTUS’s 2nd Amendment Decision Leaves Open Questions for State Courts
The U.S. Supreme Court upheld the disarmament of a domestic abuser in United States v. Rahimi, but litigation over where to draw the line will continue.
Three U.S. Supreme Court Cases that Transformed State Judicial Elections
Judicial elections have become major political battlegrounds — complete with dark money, special interests, and attack ads — thanks to several U.S. Supreme Court decisions.
State Court Oral Arguments to Watch for in June
Issues on the dockets include early voting, rules for poll watchers, discretionary sentencing, and a climate change trial brought by young plaintiffs.
Every State Supreme Court Justice in One Searchable Database
A new resource from the State Law Research Initiative lets users sort the nation’s high court justices by state, professional background, party affiliation, and more.
New Findings Highlight Lack of Diversity on State Supreme Courts
More data and further scholarship is needed to devise policies for promoting a state bench that adequately represents the varied background of the public.