Delaware’s lone female Supreme Court justice says she’s retiring due to Gov. Jack Markell’s failure to consider her seriously for the job of chief justice.
Justice Carolyn Berger spoke exclusively to Delaware Public Media contributor Jeff Mordock of Delaware Law Weekly, noting she hadn’t broken a glass ceiling as suggested by Markell in a Monday press release responding to Berger’s decision to retire.
Berger was among the candidates the Judicial Nominating Commission sent to Markell last fall when Chief Justice Myron Steele retired. Markell ultimately selected former Chancellor Leo Strine.
Berger says, “He’s obviously not committed to breaking the glass ceiling,” noting there has never been a woman chief justice or head of the Chancery Court.
Markell’s chief legal counsel Andy Lippstone denies the claims, telling Mordock and Delaware Law Weekly that the governor carefully reviewed each application and conducted interviews.
Lippstone added, “At the end of that process, the governor chose the candidate who was most qualified and had the clearest vision for leading Delaware’s court system for the next 12 years.
Berger previously served as a Vice Chancellor on the Court of Chancery for ten years before joining the Supreme Court in 1994. She suggested to Delaware Law Weekly that her resume made her more qualified than Strine for the position.
“I certainly have a lot more experience than the current chief justice,” Berger told Delaware Law Weekly.
You can read Jeff Mordock's entire piece on his conversation with Justice Berger at Delaware Law Weekly's website.