The Judicial Nominating Commission’s recommendation of two candidates to fill an upcoming opening on the Delaware Court of Chancery has created a unique dilemma, as Gov. Jack Markell is set to consider two candidates who do not live or practice in Kent County.
While Markell must by law maintain a 3-2 political balance on the bench, no such constitutional requirement exists when it comes to ensuring county representation. However, Delaware’s governors have always made sure that at least one judge on the five-member body hailed from each of the three counties.
