Justice Collins J. Seitz, Jr.

The search for the next chief justice of Delaware's Supreme Court has produced a larger-than-normal pool of applicants and generated some speculation surrounding the state's most prominent jurists.

According to sources, Delaware Supreme Court Justice Collins J. Seitz Jr. was considered to be a leading contender to succeed Leo E. Strine Jr. at the helm of Delaware's judiciary, sources said this week. However, Delaware Supreme Court Justice Karen L. Valihura and Delaware Superior Court President Judge Jan R. Jurden were also rumored to be in the running.

Chancery Court Chancellor Andre G. Bouchard had also expressed interest, one source said, but there was some thought that Bouchard's reputation for successfully leading the nation's preeminent business court made it more likely that he would continue on in his current role.

Typically a closely guarded process, the judicial nominating commission's evaluation of potential candidates this year has been particularly secretive, given the importance of the chief justice job, and little is known about who had formally submitted their names for consideration.

What is known, however, is that the volume of applications for the $206,000-per-year position is said to be massive. That's partially because JNC's Aug. 22 call for applications said that candidates for chief justice would also "be considered simultaneously by the commission for a potential derivative vacancy in the office of justice."

Sources said the language of the JNC's notice likely indicated an intention by Gov. John Carney to elevate a current justice on the court and then back-fill that vacancy with a candidate from the field of applicants for chief justice. Such a move would avoid having to reopen the nomination process and allow Carney to bring the Supreme Court back to full strength in "one fell swoop."

But it also means that candidates weren't necessarily applying for the chief justice opening, which traditionally carries a more limited profile for an ultimate nominee. Instead, they were also applying to serve as a justice on the court, a position that is usually open to attorneys with broader ranges of background and experience.

Under Delaware rules, the JNC was expected to vet applicants and eventually forward a shortlist of candidates to Carney to make his final selection.

Historically, governors value Chancery Court and corporate law experience when selecting chief justices. Strine had served as chancellor of the Court of Chancery before joining the high court in 2014 and worked as a corporate litigator with Skadden, Arps, Slate, Meagher & Flom in private practice.

Former Delaware Supreme Court Chief Justice Myron T. Steele, who served from 2004 to 2014, had a similar pedigree, and former Delaware Supreme Court Chief Justice E. Norman was a leading member of the corporate bar and a partner with Richards, Layton & Finger when he was appointed in 1992.

Seitz, a member of the Supreme Court since April 2015, seems best positioned among the court's current judges to fit the bill. A founding partner of Seitz Ross Aronstam & Moritz, Seitz regularly litigated corporate, commercial and intellectual property cases and long advised clients on issues of Delaware corporate law. According to his online bio on the Supreme Court website, both federal and state courts often appointed him as a master and trustee to oversee complex corporate, commercial and intellectual property cases.

Valihura, also known for her expertise in constitutional law, likewise has a strong background in complex commercial litigation and corporate law, having worked as a partner at Skadden, Arps, Slate, Meagher & Flom before joining the bench in 2014. However, Valihura is a registered Republican, and Carney, a Democrat, is under no obligation to name a candidate outside his own party.

Should Carney nominate a current justice, he would not be nearly so confined in filling a potential "derivative" opening on the court, making that selection a true "wildcard," according to one source. The court's current members illustrate the point with a variety of experience that coveys the range of voices that are represented on the high court.

For instance, Delaware Supreme Court Justice Gary F. Traynor, the court's newest justice, worked as a public defender after years with Prickett, Jones & Elliott, practicing in the areas of criminal defense, personal injury and eventually corporate law. Delaware Supreme Court Justice James T. Vaughn Jr., on the other hand, practiced general civil and criminal law and later served as resident Judge in Kent County Superior Court.

Carney would, however, have a very real practical consideration to take into account. If he were to select a judge from the Chancery or Superior Courts for chief justice, sources said, he would likely need to reopen the nomination process, which could take months to complete.

That restriction, with Strine expected to officially step down at the end of October, made it more likely that the governor would not select a lower court judge to serve on the high court, sources said.

Carney, meanwhile, has made clear that he values diversity when filling judicial vacancies.  last year, he named to women—Vice Chancellors Morgan T. Zurn and Kathaleen S. McCormick—to serve alongside Vice Chancellor Tamika Montgomery-Reeves, the Chancery Court's first African American member, on the newly expanded court of equity. Taking the court's two masters into account, the Chancery Court is now for the first time majority female.

With only one woman currently serving, the five-member Supreme Court has never featured a person of color among its ranks, since its founding in 1951 by constitutional amendment. Given Carney's track record, he could be aiming to alter that history when making his latest mark on the bench, sources said.

An appointment to the Supreme Court carry 12-year terms, and nominees must be confirmed by the Delaware Senate, though the votes are largely deferential to the governor's selection and are rarely controversial. Carney is expected to ask the legislature to call a special session to confirm his eventual nominee.

As of Friday, no such date had been set and there was no word on when Carney might announce his selection.