Supreme Court of Delaware

In an advisory opinion pursuant to the governor's request, the court finds that Article III, section 11 of the Delaware Constitution applies only to county officers who are appointed by the governor. The General Assembly has vested a county executive with authority to appoint the county's chief of police and public safety director. Thus, the constitutional one-year durational residency requirement at issue does not apply to either of those appointed county positions.

Appellate Information

• Decided 08/24/2006
• Published 08/24/2006

Judges

• TO:  The Honorable RUTH ANN MINNER, Governor of the State of Delaware., Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and RIDGELY, Justices.

Court

• Supreme Court of Delaware

Counsel

• For Appellant:
  
• Carl C. Danberg, Esquire, Attorney General, Lawrence W. Lewis, Esquire, State Solicitor (argued), Richard W. Hubbard, Esquire and Erika Y. Tross, Esquire, Deputy Attorneys General, Wilmington, Delaware, attorneys for the affirmative position on the first question presented and the negative position on the second question presented., Gregg E. Wilson, Esquire (argued), Carol J. Dulin, Esquire and Julie M. Sebring, Esquire, New Castle County Law Department, New Castle, Delaware, attorneys for the negative position on the first question presented and the affirmative position on the second question presented.