Constitutional Law: Judicial Systems of Virginia and Delaware

This report provides a comparative analysis of the judicial systems in Virginia and Delaware, focusing on their respective processes for selecting judges, outlining the necessary qualifications for judicial positions, and detailing the procedures for removing judges on disciplinary grounds. The report explores the legislative election process in Virginia, where judges are selected by the General Assembly, contrasting it with Delaware's merit selection process, where judges are appointed based on recommendations from a judicial nominating commission. The report highlights the qualifications required for judges in both states, including residency, bar membership, and age restrictions. Furthermore, the report examines the methods for removing judges in each state, including impeachment, conviction, and disciplinary actions. Finally, the report offers a justification for identifying the best judicial system by evaluating the transparency, citizen participation, term limits, and uniformity of the selection processes, ultimately advocating for the merit selection process as a means to promote a fair and predictable legal system.

Running head: CONSTITUTIONAL LAW
Constitutional Law
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Table of Contents
Judicial selection process of Virginia..............................................................................................2
Qualifications of judges needed for every court in Virginia.......................................................3
Judicial selection process of Delaware............................................................................................3
Qualifications of judges needed for every court in Delaware.....................................................4
Removal of judges in Virginia on disciplinary grounds..................................................................5
Removal of judges in Delaware on disciplinary grounds................................................................5
Justification for identifying best judicial system.............................................................................6
References........................................................................................................................................7

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Judicial selection process of Virginia
The judicial system of Virginia comprises three levels of courts namely, trial, appellate
and limited jurisdiction courts. These levels forms 5 jurisdictionally district courts- Court of
Appeals, Supreme Courts, general district courts, circuit courts, domestic and juvenile district
courts (Dls.virginia.gov, 2018).
In Virginia, the judges are selected by the legislative election procedure. The procedure
is same for the judges of Supreme Court, Court of Appeals and Circuit Court. The judicial
selection process commences when there is a vacancy in judiciary or availability of new seat
announced by the General Assembly. Under Article VI, section [7] of the Virginia Constitution,
judges are elected by majority vote of the Virginia General Assembly.
Chief Justice or Judge of each court is selected by “peer vote”. The district court judges
are selected through legislative election. The judges of the other Courts of Record must be
selected by a majority vote of the members who are elected to each house of the General
Assembly.
The Courts of Justice Committees of the House of Delegates and senate usually
interview candidates who seek for re-election. Thereafter, the senate and the full house vote for
such applicants. When the General Assembly is in session, the vacancies are filled through
legislative election. While the legislature is not in session, the vacancies are filled through
appointment conducted by the governor. The appointees shall then be elected during the next
legislative session.

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Qualifications of judges needed for every court in Virginia
In order to be appointed as the judge and the Chief Justice of Court of Appeals, Supreme
Court or Circuit Court, it is necessary that the entity applying for such position must satisfy the
following qualifications under section 7, Article VI of the Virginia Constitution:
i. the applicant must be a resident of that state;
ii. to apply for circuit judge, the person must be a circuit resident;
iii. the applicant must not be more than 70 years of age;
iv. the applicant must be a bar member for at least five years;
In order to be appointed as a district judge for the district courts of Virginia, which includes
judges of limited jurisdiction, the applicant must:
i. be a local and resident of the state;
ii. a member of the state bar for at least 5 years;
iii. be less than or of 70 years of age;
The House and Senate Committees for Courts of Justice shall determine the qualification of
the candidates and the Delegates as well as the committee will vote separately. The majority
votes in favor of the candidate will be elected as the judge of the vacant or new seat.
Judicial selection process of Delaware
The Delaware judiciary system consists of the Superior court, Supreme Court, Courts
of Limited Jurisdiction and the Court of Chancery. The Supreme Court is the Appellate Court
of the state, the Court of Chancery is the Trial Court of General Equity Jurisdiction, and the

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Superior Court includes the General Law Jurisdiction. Courts of Limited Jurisdiction comprise
the Court Common Pleas, Family Court, Alderman’s Court and the Justice of the Peace Court.
The judges’ selection process in Delaware is based on the merit selection process. The
Governor appoints the judges with the consent of the senate as per the Constitution of Delaware.
The state court judges in Delaware are selected through the assisted appointment method or the
Missouri Plan except for the selection of judges in the Alderman’s court. The governing body
of the municipality of the Alderman’s court appoints the Judges of Alderman’s court (Global
Reach Internet Productions, 2018).
The assisted appointment method includes a judicial nominating commission that
scrutinizes the candidates followed by submission of three names before the Governor. The
governor may reject to appoint the candidates from such list and instead request a supplemental
list. However, the governor is required to submit at least one name from either the lists to the
Senate. The selected candidates serve for 12 years and for reappointment, they must apply to the
commission.
In order to appoint the Chief Justice for the Superior, Chancery and Supreme Court,
the selection procedure is similar. In case of vacancies in any of these three courts, the seat shall
be automatically filled at the expiry of the judge’s term. The judicial nominating commission
suggests the qualified candidates to the governor and he selects one of them for approval of the
senate who shall serve a 12-year period.
Qualifications of judges needed for every court in Delaware
In order to be appointed as a judge of the three courts, it is necessary that a judge must satisfy
the following criteria:

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i. the applicant must be a resident of the state,
ii. the applicant must have a law degree if they are applying for a Court of Chancery and
Superior Court,
iii. the applicant must be a member of a state bar, and
iv. the applicant must have adequate legal knowledge.
In order to be eligible for judge of Court of Common Pleas, the candidate must:
i. be a local and resident of the state;
ii. have practiced law within the state for 5 years, and
iii. have an adequate legal degree.
Removal of judges in Virginia on disciplinary grounds
i. The judges in Virginia courts may be removed by two-thirds of the senate and by the
House of representatives;
ii. The judges may be dismissed due to his involvement in serious physical or mental
disability or severe judicial misconduct that affects the duties and responsibilities as a
judge;
In case of involvement of judges in serious misconduct, the commission shall determine the
veracity of the charges by conducting hearings and from the evidences adduced. If the charges
are proved, the judge shall be removed, censured or directed retirement (Global Reach Internet
Productions, 2018).
Removal of judges in Delaware on disciplinary grounds
Delaware judges may be removed in the following two ways:

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i. Majority of the House of representative may impeach the majority of the House of
Representative and two-third of the Senate may convict the judge if the charges of
misconduct is proved against him;
ii. On the establishment of the charges, either the judges may be declared as retired or they
may be censured or may be subjected to discipline by two third vote of the court.
Justification for identifying best judicial system
The judiciary selection process of the two states is distinct where in Virginia, the state
legislators elect the judges and in Delaware, the judges are selected based on merit selection.
However, the judicial selection process followed in Virginia is characterized with certain flaws.
Firstly, it lacks transparency and participation of citizens (Virginia Courts In Brief, 2014). The
citizens who are the consumers of court who are mostly affected by the selection judge, hence,
they must have a say in the selection process.
Secondly, there is no term limit or mandatory retirement at the age of 70 unlike president
and governor of the country. Thirdly, the selection process lacks uniformity as only few
incumbent judges undergoes a Judicial Performance Evaluation (JPE), and it should be made a
mandatory option otherwise it shall be considered as unlawful to appoint judges without
undergoing a JPE.
The adoption of the merit selection process in judiciary promotes a fair and predictable
legal system. It is impartial and the citizens, legislature as well as the governor no one will
exercise greater control over the other instead the system will enable them to pit a check and
balance against one another. Consequently, this will prevent undue influence on the judiciary
branch, ensuring a fair and legal system.

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References
Dls.virginia.gov. (2018). Division of Legislative Services: Judicial Selection. [online] Available
at: http://dls.virginia.gov/judicial.html [Accessed 4 May 2018].
Global Reach Internet Productions, I. (2018). Judicial Selection in the States - Judicial Selection
in the States - Delaware. Retrieved from
http://judicialselection.us/judicial_selection/index.cfm?state=DE
Global Reach Internet Productions, I. (2018). Judicial Selection in the States - Methods of
Judicial Selection. Retrieved from
http://www.judicialselection.com/judicial_selection/methods/removal_of_judges.cfm?
state
Virginia Courts In Brief. (2014). [Ebook]. Retrieved from
http://www.courts.state.va.us/courts/cib.pdf