In a state known for legal certainty, the uncertainty of who will be the next chief justice of the Delaware Supreme Court has caused much consternation among attorneys and public officials. The picture will be a little clearer once Delaware’s Judicial Nominating Commission starts collecting resumes, but Governor Jack Markell has not given the JNC the green light to start the application process.
Under Delaware’s constitution and an executive order signed by Markell in 2009, the governor must provide notice of an impending judicial vacancy to the JNC’s chairman or chairwoman within 60 days of receiving a judge’s resignation. Once Markell has provided notice to the chairman or chairwoman, the JNC must submit to the governor a list of at least three names for the open position within 60 days of the judicial vacancy.
