The 3rd District Court of Appeals on Wednesday, April 10 affirmed that the state rule — which required certain judgeships to be split evenly between Democrats and Republicans — was unconstitutional.
The appeals court in February upheld a lower court ruling that the law violated the First Amendment.
The case originated when attorney James R. Adams sued the state, claiming that the rule made it impossible for an independent like himself to become a judge.
This latest decision follows a request by the State of Delaware to rehear a part the case. State officials wanted to know if the ruling applied to multiple provisions of the law, including the rule requiring judges to affiliate with either the Republican or Democratic parties and another limiting one party to a bare majority.
The 3rd District affirmed that the entire rule must go. The full ruling is available here.