Request for an Opinion of the Justices
Delaware Supreme Court
274 A.3d 269 (2022)
- Written by Sean Carroll, JD
Facts
The Delaware Senate passed Senate Concurrent Resolution No. 63, requesting an advisory opinion from the Delaware Supreme Court on the construction of the provision in the Delaware Constitution permitting the governor to remove a public official from office for reasonable cause. Specifically, the resolution asked five questions: (1) whether reasonable cause could include an indictment without a conviction; (2) whether the removal authority included lesser authority such as the authority to suspend a public official; (3) whether a hearing was required before removal; (4) whether 10 days’ notice was required for only the hearing in the first chamber, or whether separate 10-day notices were required for each chamber; and (5) whether the option existed for a direct appeal of the governor’s removal decision. The Delaware Supreme Court appointed amici counsel to assist in answering the questions.
Rule of Law
Issue
Holding and Reasoning ()
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