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Constitution of the State of Delaware, Art. IV, § 3. Appointment of judges;  terms of office;  vacancies;  political representation;  confirmation of appointment

Current as of January 01, 2026 | Updated by Findlaw Staff

(a) The Chief Justice and Justices of the Supreme Court, the Chancellor and Vice-Chancellors of the Court of Chancery, the President Judge and Judges of the Superior Court, the Chief Judge and Judges of the Family Court, the Chief Judge and Judges of the Court of Common Pleas, and the Chief Magistrate of the Justice of the Peace Court shall be appointed by the Governor, by and with the consent of a majority of all the members elected to the Senate, for a term of 12 years each, and the persons so appointed shall enter upon the discharge of the duties of their respective offices upon taking the oath of office prescribed by this Constitution.  The Governor shall submit an appointment within a period from 30 days before to 90 days after the occurrence of a vacancy howsoever caused.  If a vacancy shall occur, by expiration of term or otherwise, at a time when the Senate shall not be in session, the Governor shall within a period from 30 days before to 90 days after the happening of any such vacancy convene the Senate for the purpose of confirming an appointment to fill the vacancy and the transaction of such other executive business as may come before it.  Such vacancy shall be filled as aforesaid for the full term.  Notwithstanding a vacancy, whether occurring when the Senate is or is not in session, an incumbent whose term has expired may hold over in office until the incumbent, or a new appointee, is confirmed and takes the oath of office for the next term, but in no event shall an incumbent whose term has expired hold over in office for more than 90 days after the expiration of the term.  In all instances, the term of a new or reappointed Chief Justice or Justice of the Supreme Court, Chancellor or Vice-Chancellor of the Court of Chancery, President Judge or Judge of the Superior Court, Chief Judge or Judge of the Family Court, Chief Judge or Judge of the Court of Common Pleas, or Chief Magistrate of the Justice of the Peace Court shall begin after the occurrence of the vacancy and on the date the oath of office is taken, thus qualifying the individual to serve, but the appointment shall be forfeited if such oath is not taken within 30 days of confirmation.

(b) Appointments to the office of the State Judiciary shall at all times be subject to all of the following limitations:

(1) Three of the 5 Justices of the Supreme Court in office at the same time, shall be of 1 major political party, and 2 of the Justices shall be of the other major political party.

(2) At any time when the total number of Judges of the Superior Court shall be an even number, not more than half of the members of all such offices shall be of the same political party;  and at any time when the number of such offices shall be an odd number, then not more than a bare majority of the members of all such offices shall be of the same major political party, the remaining members of such offices shall be of the other major political party.

(3) At any time when the total number of the offices of the Justices of the Supreme Court, the Judges of the Superior Court, the Chancellor, and all the Vice-Chancellors shall be an even number, not more than half of the members of all such offices shall be of the same major political party;  and at any time when the total number of such offices shall be an odd number, then not more than a bare majority of the members of all such offices shall be of the same major political party;  the remaining members of the Courts above enumerated shall be of the other major political party.

(4) At any time when the total number of Judges of the Family Court shall be an even number, not more than half of the Judges shall be of the same political party;  and at any time when the total number of Judges shall be an odd number, then not more than a majority of 1 Judge shall be of the same political party.

(5) At any time when the total number of Judges of the Court of Common Pleas shall be an even number, not more than half of the Judges shall be of the same political party;  and at any time when the total number of Judges shall be an odd number, then not more than a majority of 1 Judge shall be of the same political party.

(6) Before sending the name of any person to the Senate for confirmation as the appointment of the Governor to a vacancy in any Judicial Office as aforesaid, the Governor shall, not less than 10 days before sending the name of such person to the Senate for confirmation, address a public letter to the President of the Senate stating the intention to submit to the Senate for confirmation as an appointment to such vacancy the name of the person the Governor intends to appoint.

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Cite this article: FindLaw.com - Constitution of the State of Delaware, Art. IV, § 3. Appointment of judges;  terms of office;  vacancies;  political representation;  confirmation of appointment - last updated January 01, 2026 | https://codes.findlaw.com/de/constitution-of-the-state-of-delaware/de-const-art-4-sect-3/

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