Delaware’s top judges aren’t weighing in on the constitutionality of appointing people to the bench based on their political party affiliation.
Gov. John Carney (D) is currently being sued in federal court over a provision in the state constitution requiring the judiciary to be politically balanced by just two major parties.
James Adams, a former state prosecutor and registered independent, filed the lawsuit to allow those affiliated with third parties the chance to serve as a judge.
Carney sought an advisory opinion from the Delaware Supreme Court, but justices chose not to comment, saying it wouldn’t be legally binding.
But they said any appointments made by Carney would likely not be legally challenged, as the governor would be acting in good faith under the constitution.
Justice Randy Holland, a Republican, is retiring this month and Carney has yet to nominate a replacement.
The case in federal court is ongoing.