Barron v. Kleinman

In this appeal from the Superior Court, we are required to resolve the question of whether a justice of the peace may hold over after the expiration of a fixed term of office and continue to exercise the duties of office if after appointment by the Governor to a new term she fails Senate confirmation. The Superior Court ruled that the plaintiff below-appellee, Vivian K. Klein-man (Judge Kleinman) was entitled to retain her office in the absence of a qualified successor. We agree and affirm.

The proceedings in the Superior Court were in the nature of a declaratory judgment action on undisputed…