Gov. John Carney (D-Delaware) says he can continue to consider political affiliation in selecting state judges, despite a federal judge ruling the practice unconstitutional last year.
The judge invalidated part of Delaware’s Constitution requiring judgeships be evenly split between Democrats and Republicans. Carney is appealing the December ruling.
The attorney who challenged the political balance provision wants Carney held in contempt for saying political affiliation will still be considered in recent advertisements for judicial vacancies.
In court filings Wednesday, Carney’s lawyers argue he’s not disobeying the court because it did not order him to do - or stop doing - anything when appointing judges. They also argue Carney has the discretion to consider political affiliation in those nominations.