Court Rules That Delaware Must Allow Independent Judges

The Third Circuit Court of Appeals ruled that Delaware cannot require its judges to be members of a major political party (Adams v. Governor of Delaware, 18-1045). Delaware law stated that all Supreme Court Justices, plus all Superior and Chancery Court Judges must be members of the Republican or Democratic Parties. Delaware argued that this should be allowed because there were both Republican and Democratic judges.  The Third Circuit ruled that no state may hire anyone based on political affiliation.

One of the cornerstones of keeping the two party system in power is having partisan judges and elections officials.  It is difficult for independent or alternative candidates to get a fair shot at elections when the elections officials are members of an opposing party.  Add that the judges who hear their ballot discrimination cases are also partisan and it is little wonder as to why the two major parties control the election process.

Judge Julio Fuentes, who had the courage to write this decision as well as the judges who supported it, Theodore McKee and L. Felipe Restrepo should be applauded for making a decision outside of partisan affiliations.