Lee v. State Board of Pension Trustees

The plaintiff-appellant, William Swain Lee, is a 63 year-old jurist who is serving on the Superior Court of the State of Delaware (“Judge Lee”). Judge Lee filed an action in the Court of Chancery of the State of Delaware requesting declaratory and injunctive relief against the State Board of Pension Trustees (“Pension Board”). The parties voluntarily transferred the proceeding from the Court of Chancery to the Superior Court. The following two questions have been certified by the Superior Court to this Court:

1. Was [Judge Lee’s] unexercised option to participate, as a member of the Judiciary…