Delaware’s Human and Civil Rights Commission is discussing whether the state’s Division of Human and Civil Rights – which administers fair housing and equal accommodations laws – should have a full-time staff attorney separate from the state Attorney General’s Office.
The Division’s attorney only works part-time; she is also a deputy state solicitor. But as the number of housing discrimination complaints received by the Division hits unprecedented numbers, Commissioners wonder whether the rising workload requires a full-time attorney.
Commissioners also note that relying on an attorney from the AG’s Office raises conflict of interest concerns in discrimination complaints against the state, since the AG’s office is also responsible for defending the state.
Deputy Attorney General Daniel Mulvaney told the Commission his office also recognizes that challenge.
“We’ve had a lot of discussions about how the Delaware Fair Housing Act in particular doesn’t work really well with how Delaware has structured its legal services to the state," he said in a Commission meeting last week.
Commissioner Joseph Dawson also noted a recent case in which the Division reviewed a complaint from someone who was also facing prosecution by the DOJ.
“There was a case a while back in which the Attorney General’s office had a conflict," he said. "The guy was a criminal defendant but also our petitioner. Ultimately, it all worked out – we had to hire somebody – but these things happen.”
But Commissioners note the state legislature may need to give the Division explicit permission to use an attorney not affiliated with the Attorney General’s Office. Delaware’s Public Integrity Commission, for instance, has an explicit exemption allowing it to retain an independent attorney.
