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This Monday will be the start of "interview
week" for those who have submitted applications to fill the vacancy on the
Delaware Court of Chancery. We
have written on these pages recently about the imminent
empty seat on the Court of Chancery occasioned by the announcement last
month of the retirement of Chancellor William Chandler, whom most readers know
by now has accepted
a position with the firm of Wilson Sonsini. The Chancellor's last day on
the Court is scheduled to be June 17 and the last day of the regular session of
the Delaware Senate is June 30.
The procedure for filling the vacancy was previously described
at the above-linked post. Namely, the Judicial Nominating Commission (JNC)
reviews applications and then sends the Governor a list of 3 names. Next, the
Governor selects one of those names and forwards that nomination to the Senate,
and then the Senate confirms (or rejects) the nomination. The selection of 3
names by the JNC is expected to be sent to the governor by the end of next
week, which is Memorial Day weekend. The Governor is expected to send his
nomination to the Senate by the first week or so in June. The entire process is
expected to be completed before the Senate adjourns on June 30, but more likely
the process may be conclude closer to the Chancellor's last day on June
17. (Compare this process with the glacial approach taken regarding
the U.S. District Court for the District of Delaware which has had one empty
seat for over 5 years.)
Although the names of the applicants who submit their
names to the JNC is supposed to be confidential, the following aspirants
reportedly confirmed, in reply to a request from The Delaware Law Weekly,
that they submitted their applications to the JNC:
1. Richard E. Berl, Jr., Esq. of Smith Feinberg
McCartney & Berl.
F. Brady, Esq. of Connolly Bove Lodge & Hutz, LLC (whom readers of this
blog will recognize as a frequent contributor to these pages with his summaries
and analysis of corporate decisions from the Delaware Court of
Chancery and Delaware Supreme Court.)
3. Richard Forsten, Esq. of Saul Ewing.
4. Joel Friedlander, Esq. of Bouchard, Margules and
Friedlander. (His fellow law firm name-partner, Andre Bouchard, is the Chairman
of the JNC.)
5. Master Sam Glasscock, who currently serves as Master
6. Hon. Mary Johnston of the Delaware Superior Court.
7. Bruce Silverstein, Esq. of Young Conaway Stargatt
Professor Stephen Bainbridge, a nationally prominent
corporate law scholar, whose writings have been cited by the Court of Chancery,
has suggested that he is "waiting
by the phone" for someone to express interest in having him apply for the
position. Delaware would benefit from his first-class scholarship, but the
conventional wisdom is that the governor is seeking someone with more
experience in the "litigation trenches". I am sure that the good professor is
aware of the residency requirement in the Delaware Constitution,
which would require a comparison of winters in Los Angeles with winters in
Read more Delaware business
litigation case summaries and commentary on Delaware
Corporate and Commercial Litigation Blog, a blog hosted by Francis G.X.
Pileggi, of Fox Rothschild LLP.
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