Delaware Appeals U.S. District Court Decision That Struck Down Requirement that All State Judges Must be Democrats or Republicans

Ballot Access News

On January 5, Delaware appealed the decision of the U.S. District Court in Adams v Carney. The U.S. District Court on December 6, 2017, had struck down a Delaware law that the only people eligible to be appointed a state judge are people who are members of a political party that is entitled to its own primary. In Delaware, only parties with 5% of the registration are entitled to a primary, so effectively only Democrats and Republicans may be appointed to a state judicial position.

The plaintiff who won the case in U.S. District Court, James R. Adams, is a registered independent.