The confirmation of two new justices on Delaware’s Supreme Court May 3 has left the panel with no Kent County representation, breaking a longstanding tradition of including at least one justice from each county, and resulting in no support from Senate Republicans.
“The governor of our great state threw us under the bus,” said Sen. Eric Buckson, R-Magnolia, during the confirmation hearing. “He’s ignored a longstanding precedent that has merit … that you have representation, not just of diversity of individuals, but in locations.”
Because of that, Buckson said, he would not vote for the confirmation of Judge Abigail LeGrow and N. Christopher Griffiths, both from New Castle County.
Sen. Brian Pettyjohn, R-Georgetown, also criticized the process.
“I don’t think there will ever be a time when there is not a New Castle County person on the Supreme Court, but we’re going to be in a time now when there is no Kent County individual on the Supreme Court,” said Sen. Brian Pettyjohn, R-Georgetown.
Senate Majority Leader Sen. Townsend, D-Newark, voting with all Democrats to confirm the appointments, said he does not believe this is the end of Kent County representation on the court.
Already, a bill is moving through the General Assembly that would codify representation by at least one resident each from Kent and Sussex counties on the state Supreme Court. It awaits action in Senate committee after clearing the House April 27 with 37 votes in favor and four absent.
During the May 3 Senate confirmations, LeGrow was confirmed by a vote of 15-3 with three not voting; Griffiths was confirmed by a 15-4 with two not voting.
Although several Republicans spoke highly of the character and qualifications of both nominations before their confirmation vote, later in the day, the Senate Republican Caucus released a statement taking issue with Griffith’s recent driving under the influence arrest.
“The DUI was downgraded to a reckless driving alcohol-related charge, which he pleaded guilty to on March 21, just two weeks prior to his nomination. During the nomination process, and possibly extending to him taking his seat on the Supreme Court, Mr. Griffiths is on probation,” the statement reads.
Gov. John Carney thanked senators for confirming both Griffiths and LeGrow in a statement released following the proceeding.
“Judge LeGrow and Chris have the experience, knowledge and commitment to public service necessary to serve on the Supreme Court. Their service will be beneficial to all Delawareans. I want to thank these two qualified nominees and their families for their willingness to serve the people of the State of Delaware,” he said.
LeGrow and Griffiths fill vacancies left by Justice Tamika Montgomery-Reeves and Justice James T. Vaughn Jr. Montgomery-Reeves was confirmed as judge to the federal Third Circuit Court of Appeals, while Vaughn is retiring.
LeGrow is a Superior Court judge who has also served as Master in Chancery for the Delaware Court of Chancery. Griffiths is a partner at Connolly Gallagher LLP focusing on administrative and government law. Before that, he worked as a wealth manager for Wilmington Trust and the Vanguard Group.