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Gary Traynor

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Gary Traynor
Image of Gary Traynor
Delaware Supreme Court
Tenure

2017 - Present

Term ends

2029

Years in position

8

Compensation

Base salary

$218,684

Elections and appointments
Appointed

May 15, 2017

Education

Bachelor's

Dartmouth College

Law

Widener University, Delaware Law School

Gary Traynor is a judge of the Delaware Supreme Court. He assumed office on July 5, 2017. His current term ends on July 5, 2029.

Traynor was nominated by Governor John Carney Jr. (D) in May of 2017 to succeed former Justice Randy Holland.[1] He was confirmed by the Delaware Senate in June of 2017.[2] To read more about judicial selection in Delaware, click here. In 2020, Ballotpedia published Ballotpedia Courts: State Partisanship, a study examining the partisan affiliation of all state supreme court justices in the country. As part of this study, we assigned each justice a Confidence Score describing our confidence in the degree of partisanship exhibited by the justices' past partisan behavior, before they joined the court.[3] Traynor received a confidence score of Mild Democrat.[4] Click here to read more about this study.

Education

Traynor received his bachelor's degree from Dartmouth College and his J.D. from Delaware Law School at Widener University.[2] He was an attorney with Prickett, Jones & Elliot from 1990 to 2014, and worked as an assistant public defender for Sussex County from 2015 to 2017.[5]

Appointments

2017

Traynor was nominated by Governor John Carney Jr. (D) in 2017 to succeed former Justice Randy Holland.[1] He was confirmed by the Delaware Senate to a term that will expire on July 5, 2029.[2]

Analysis

Ballotpedia Courts: State Partisanship (2020)

See also: Ballotpedia Courts: State Partisanship and Ballotpedia Courts: Determiners and Dissenters

Last updated: June 15, 2020

In 2020, Ballotpedia published Ballotpedia Courts: State Partisanship, a study examining the partisan affiliation of all state supreme court justices in the country as of June 15, 2020.

The study presented Confidence Scores that represented our confidence in each justice's degree of partisan affiliation. This was not a measure of where a justice fell on an ideological spectrum, but rather a measure of how much confidence we had that a justice was or had been affiliated with a political party. The scores were based on seven factors, including but not limited to party registration.[6]

The five resulting categories of Confidence Scores were:

  • Strong Democrat
  • Mild Democrat
  • Indeterminate[7]
  • Mild Republican
  • Strong Republican

This justice's Confidence Score, as well as the factors contributing to that score, is presented below. The information below was current as of June 2020.

Gary
Traynor

Delaware

  • Partisan Confidence Score:
    Mild Democrat
  • Judicial Selection Method:
    Assisted appointment through governor controlled judicial nominating commission
  • Key Factors:
    • Was a registered Republican as of 2020
    • Donated over $2,000 to Democratic candidates
    • Appointed by a Democratic governor


Partisan Profile

Details:

Traynor was a registered Republican as of 2020. He donated $4,300 to Democratic candidates and organizations. Traynor was appointed by Gov. John Carney Jr. (D) in 2017. At the time of his appointment, Delaware was a Democratic trifecta.



State supreme court judicial selection in Delaware

See also: Judicial selection in Delaware


The five justices on the Delaware Supreme Court are selected by an assisted appointment method, whereby a judicial nominating commission screens candidates and submits at least three names to the governor. The governor may decline to appoint someone from this list and instead request a supplemental list, but ultimately a name from one of these lists must be submitted to the Delaware Senate. The commission is made up of 12 members, eleven of which are appointed by the governor (including at least four lawyers and at least three non-lawyers). The president of the Delaware State Bar Association nominates the twelfth member, who is added to the commission with the governor's approval. The governor designates the commission's chairperson.[8]

Appointed justices serve for 12 years, at which point they must apply to the commission for reappointment.[9] The commission must recommend sitting judges for reappointment unless two-thirds or more of the committee object. Reappointed judges also serve 12-year terms.[9] Delaware is relatively unique in that appointees' initial terms are no shorter than their subsequent ones

Delaware's constitution requires that there be an even partisan balance on each state court. For courts with an even number of judges, this means that no more than half of the seats on the court may be held by judges who are members of the same political party. For courts with an odd number of judges (including the state supreme court), this means that no more than a bare majority of seats on the court may be held by members of the same party. For example, a court with five seats could not have any more than three judges who are members of the same party.[9]

Qualifications

To serve on this court, a judge must:

  • be a state resident; and
  • be learned in the law.[10]

Chief justice

The process for selecting a chief judge or justice for the supreme, superior, and chancery courts is identical to the process used to select associate judges. The governor chooses an appointee from a list compiled by the judicial nominating commission, and if the state Senate gives consent, the appointee will serve a 12-year term as chief.[8]

Vacancies

See also: How vacancies are filled in state supreme courts

If a midterm vacancy occurs on the court, the seat is filled as it normally would be if the vacancy occurred at the end of a judge's term. A judicial nominating commission recommends qualified candidates to the governor, and the governor selects a successor from that list with Senate approval. The new appointee serves a 12-year term.[8][11]

The map below highlights how vacancies are filled in state supreme courts across the country.



See also

Delaware Judicial Selection More Courts
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Courts in Delaware
Superior Court of Delaware
Delaware Supreme Court
Elections: 202520242023202220212020201920182017
Gubernatorial appointments
Judicial selection in Delaware
Federal courts
State courts
Local courts

External links

Footnotes

  1. 1.0 1.1 Delaware.gov, "Governor Carney Nominates Gary F. Traynor to Serve as a Justice on the Delaware Supreme Court," May 15, 2017
  2. 2.0 2.1 2.2 Delaware.gov, "Governor Carney’s Statement on Confirmation of Gary F. Traynor to Serve as Justice on Delaware Supreme Court," June 7, 2017
  3. We calculated confidence scores by collecting several data points such as party registration, donations, and previous political campaigns.
  4. The five possible confidence scores were: Strong Democrat, Mild Democrat, Indeterminate, Mild Republican, and Strong Republican.
  5. delawareonline, "Assistant public defender nominated to Delaware Supreme Court," May 15, 2017
  6. The seven factors were party registration, donations made to partisan candidates, donations made to political parties, donations received from political parties or bodies with clear political affiliation, participation in political campaigns, the partisanship of the body responsible for appointing the justice, and state trifecta status when the justice joined the court.
  7. An Indeterminate score indicates that there is either not enough information about the justice’s partisan affiliations or that our research found conflicting partisan affiliations.
  8. 8.0 8.1 8.2 Delaware.gov, "Executive Order 16," accessed March 28, 2023
  9. 9.0 9.1 9.2 The Delaware Code Online, "§ 3. Appointment of judges; terms of office; vacancies; political representation; confirmation of appointment.," accessed March 28, 2023
  10. The Delaware Code Online, "§ 2. Justices of Supreme Court and other State Judges; qualifications; residence; precedence.," accessed March 28, 2023
  11. Brennan Center for Justice, "Judicial Selection: An Interactive Map," accessed March 23, 2023