State senators confirmed Jan Jurden as the Delaware’s new Superior Court President Judge in a special session Tuesday.
The 56 year old Jurden replaces James T. Vaughn Jr. who joined the state’s Supreme Court in October and is the first woman to hold the post.
Jurden was confirmed in a 19-2 vote, with Senators Colin Bonini (R-Dover South) and Harris McDowell (D-Wilmington North) casting “no” votes.
Jurden drew vocal criticism earlier this year for her 2009 decision to order probation instead of prison in the child sex abuse case of Robert Richards IV, a wealthy du Pont family heir
Senate President Pro Tem Patricia Blevins (D-Elsmere) asked the Executive Committee to refrain from asking about specific cases during its hearing on Jurden before
Then, in her opening statement at the committee hearing, Jurden made clear she would not be able to answer any questions about the case.
“Pursuant to rule 2.10 of the judicial code of ethics, I am prohibited from commenting on any pending case. And I regret that I won’t be able to answer any specific questions about any pending case, but I intend to uphold my sworn oath and abide by the code of judicial conduct.”
When Senate Minority leader Gary Simpson (R-Milford) asked for more on why that rule exists and Jurden Jurden responded there is no room for interpretation.
“There is much research on this point. I did my research very carefully because I would like to be able to answer every questions the senators have," said Jurden. "I would very much like to be able to do that. But I am not able to violate the judges’ code.”
McDowell was the only senator to speak in opposition to the nomination. Despite hearing from many Jurden supporters who emphasized her overall record, McDowell said he could not get past the feeling Richards got off easy and his case reflects inequality in the judicial system.
“Maybe it was a mistake. And maybe if she had to do it again, Judge Jurden would do differently. I certainly hope so, and from all the people of really good will that have come to me in her support today, I believe she would," said McDowell. "But I’m sorry Judge Jurden, I still have to cast a ‘no’ vote, but I wish you well and I wish you to be stronger person for it.
Following the vote, Gov. Jack Markell (D-Delaware) thanked the Senate for conforming his nominee.
“Judge Jurden’s experience on the bench and life-long dedication to public service have earned her the respect of her peers and the community. I believe she will continue to serve the Superior Court well in her role as President Judge,” said Markell in a statement.
The State Senate also used Tuesday afternoon’s special session to swear in senators who were elected this past November and officially return Senator Patricia Blevins to the position of Senate President Pro Tem for another session. It also marked Lt. Gov. Mat Denn's final time presiding over the State Senate. He was elected state Attorney General and will be in that post when the Senate reconvenes next month.