Delaware Bench Balance Rule Is 'Offensive,' High Court Told

Law360 (February 20, 2020, 11:05 PM EST) -- An attorney challenging Delaware's judicial political parity rule told the U.S. Supreme Court on Thursday that a provision of the state constitution requiring equal representation of parties on the bench is "offensive to the First Amendment."

Retired Delaware state Justice Department attorney James R. Adams asked the high court to uphold a Third Circuit ruling last year in favor of Adams, who claims his independent political affiliation cost him a judgeship.

Adams says he's not arguing that political affiliation should be excluded from the criteria for selecting judges, but says "making it a mandatory job requirement puts Adams and those similarly situated in...

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