In Re Opinion of the Justices

To His Excellency Sherman W. Tribbitt Governor of Delaware.

Reference is made to your letter, dated May 15, 1974, requesting the Opinions of the Justices, under 10 Del.C. § 141, 1 upon the following question:

“Where an office of a Constitutional Judge becomes vacant while the Senate is in session, by when must the Governor submit to the Senate a name for confirmation as an appointment to such vacancy to comply with Article 4, Section 3 of the Constitution of Delaware?”

The question relates to the vacancy on the Supreme Court created by the retirement of Associate Justice James B. Carey,…