Delaware settles for a split decision in lawsuit over the state’s judicial balance provisions

The long-running legal battle over how Delaware picks judges for some of its courts appears to be over.

After five years and two separate cases, the tussle over the state’s judicial balance provisions involving Wilmington lawyer James Adams and Gov. John Carney ends with a consent decree where the Carney Administration concedes part of Delaware’s rules for filling seats on its top-three courts is unconstitutional.

Widener University Delaware Law School professor Alan Garfield examines why the Carney Administration moved to settle the dispute now and what it means for how the state appoints judges going forward.