Delaware Supreme Court Decisions

The Delaware Supreme Court is one of the youngest state supreme courts in the nation. It was founded in 1951 by a constitutional amendment. Delaware previously did not have a court of last resort and simply relied on a different judge from the judge who originally heard the case to make a final decision. The Court consists of five justices, expanded from its original composition of three justices. They have the authority to hear appeals of final judgments in most criminal cases. The Court also has the discretion to issue certain writs and respond to certified questions.

Each justice on the Delaware Supreme Court serves a 12-year renewable term. They must be allocated between the two major political parties such that no more than three justices represent either party at any time. When a vacancy arises, the Delaware Judicial Selection Commission will compile a list of candidates to send to the Governor of Delaware. Using this assisted appointment method, the Governor selects a candidate, who must be confirmed by the Delaware General Assembly. Any candidate considered by the Judicial Selection Commission must be a member of the Delaware Bar Association, licensed to practice law in Delaware, and “learned in the citizens of Delaware.” In contrast to many states, there is no minimum or maximum age limit.

A justice may be removed from the Delaware Supreme Court by a two-thirds vote of the court on the judiciary. This process alternatively may result in the retirement of the justice or in a lesser form of discipline. Also, a justice may be removed if the Delaware House of Representatives votes to impeach them in a majority vote, and the Delaware State Senate votes to convict them in a two-thirds vote.