Delaware Judicial Nominating Commission

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Methods of judicial selection
Partisan elections
Nonpartisan elections
Michigan method
Retention elections
Assisted appointment
Bar-controlled commission
Governor-controlled commission
Hybrid commission
Legislative elections
Gubernatorial appointment

The Delaware Judicial Nominating Commission, also known as the JNC, is an independent state commission in Delaware first established by executive order in 1977 that plays a role in the state's judicial selection process. The JNC has 12 members, selected by both the governor and the President of the Delaware State Bar Association.

Delaware uses the assisted appointment method of judicial selection for its state courts. Using this method, the governor appoints state judges from a list of names submitted by the JNC. This selection method is used for all of the appellate courts and some of the trial courts in the state.

The JNC is a governor-controlled commission, which means that a majority of members are chosen by the governor. As of September 7, 2025, 11 states used this type of commission. To learn more about controlling majorities in judicial selection commissions, click here.

Members

Last updated: April 2023.

The JNC has 12 members. Eleven are appointed by the governor and one is appointed by the President of the Delaware State Bar Association (with gubernatorial approval).

The executive order establishing the JNC mandates that no less than four of the governor’s appointees be members of the Bar of the Supreme Court of Delaware and no less than three of the appointees shall be individuals who are not members of the bar in any state. The order states that "the members of the Commission shall reflect the broad diversity of the citizenry of Delaware." The governor selects one member to serve as chairperson and another member to serve as vice-chairperson.

Members of the Delaware Judicial Nominating Commission, April 2023
Name
Chair - Arthur G. Connolly III
Shakuntla L. Bhaya
William Chapman, Jr.
Doneene Keemer Damon
Carol Everhart
Lynne Howard
James E. Liguori
J. Everett Moore, Jr.
Michael Ratchford
Yvonne Takvorian Saville
Vacant
Vacant

Process

The executive order establishing the JNC listed the process as follows:

1. The governor notifies the chairperson of the occurrence, or expected occurrence, of the vacancy.
2. The commission shall submit to the governor within 60 days a list for the vacancy of at least three qualified individuals willing to accept the office. In some specific cases outlined in the order, fewer than three names may be provided. If the governor chooses a nominee from this list, that individual goes to the Delaware State Senate for confirmation.
3. The governor may refuse to nominate a person from the list submitted and may require the commission, within 30 days, to submit a supplementary list of no fewer than three other qualified individuals willing to accept the office. The governor may then nominate a person from the original or the supplementary list.
4. If the Delaware State Senate declines a nominee from either the original or first supplementary list, the governor may request another supplementary list from the commission.

Duties

As of April 2023, the executive order establishing the JNC did not list specific duties for members of the commission.

Control of judicial selection commissions

Assisted appointment is a method of judicial selection in which a nominating commission reviews the qualifications of judicial candidates and submits a list of names to the governor, who appoints a judge from the list.

At the state supreme court level, this method is further divided into the following three types, based on the makeup of the judicial nominating commissions. Those types are:

• Governor-controlled commission - The governor is either responsible for appointing a majority of the members of the nominating commission or may decline to appoint a candidate from a list provided by the nominating commission.
• Bar-controlled commission - Members of the state Bar Association are responsible for electing a majority of the members of the nominating commission.
• Hybrid - There is no majority of members chosen by either the governor or the state Bar Association. The membership of these commissions is determined by different rules in each state.

Twenty-three courts in 22 states used assisted appointment to select state supreme court justices as of June 2021. Delaware used a governor-controlled commission. The table below shows the number of courts using each variation of assisted appointment at the state supreme court level.

Assisted appointment methods in state supreme courts
Method	Courts (of 23)
Governor-controlled majority	10
Bar-controlled majority	1
Hybrid	12

About judicial selection

Each state has a unique set of guidelines governing how they select judges at the state and local level. These methods of selection are:

Election

• Partisan election: Judges are elected by the people, and candidates are listed on the ballot alongside a label designating political party affiliation.
• Nonpartisan election: Judges are elected by the people, and candidates are listed on the ballot without a label designating party affiliation.
• Michigan method: State supreme court justices are selected through nonpartisan elections preceded by either partisan primaries or conventions.
• Retention election: A periodic process whereby voters are asked whether an incumbent judge should remain in office for another term. Judges are not selected for initial terms in office using this election method.

Assisted appointment

• Assisted appointment, also known as merit selection or the Missouri Plan: A nominating commission reviews the qualifications of judicial candidates and submits a list of names to the governor, who appoints a judge from the list. At the state supreme court level, this method is further divided into the following three types:
  • Bar-controlled commission: Members of the state Bar Association are responsible for electing a majority of the judicial nominating commission that sends the governor a list of nominees that they must choose from.
  • Governor-controlled commission: The governor is responsible for appointing a majority of the judicial nominating commission that sends the governor a list of nominees they must choose from.
  • Hybrid commission: The judicial nominating commission has no majority of members chosen by either the governor or the state bar association. These commissions determine membership in a variety of ways, but no institution or organization has a clear majority control.

Direct appointment

• Court appointment: Judges are selected by judges in the state judiciary.
• Gubernatorial appointment: Judges are appointed by the governor. In some cases, approval from the legislative body is required.
• Legislative election: Judges are selected by the state legislature.
• Municipal government selection: Judges are selected by the governing body of their municipality.

Click a state on the map below to explore judicial selection processes in that state.

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http://ballotpedia.org/Judicial_selection_in_STATE

See also

State courts	Appointment methods	Election methods
State supreme courts Intermediate appellate courts Trial courts	Assisted appointment Court appointment Gubernatorial appointment Legislative election Municipal government selection	Partisan election Nonpartisan election Michigan method

External links

• Delaware’s Judicial Nominating Commission
• Executive Order 16 (2017)

Footnotes

Delaware courts

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Federal courts:

Third Circuit Court of Appeals • U.S. District Court: District of Delaware • U.S. Bankruptcy Court: District of Delaware

State courts:

Delaware Supreme Court • Superior Court of Delaware • Delaware Court of Chancery • Delaware Family Court • Delaware Court of Common Pleas • Delaware Justice of the Peace Courts • Delaware Alderman's Courts

State resources:

Courts in Delaware • Delaware judicial elections • Judicial selection in Delaware