Dear Friends,

When the judge in charge of the Delaware Chancery Court says there’s a “lack of racial diversity among its judges” then you know there is an issue. It’s certainly not an issue I’ve championed over the years, folks. I’m one who thinks the best person for the job should get the job, regardless of diveristy.

See the Bloomberg Law story below for more. In my opinion, Delaware has been made a target for this issue and the Chancery Court now has to deal with it. It’s keeping the court in the news after the Twitter vs. Elon Musk Case is finally out of the headlines.

Please send your feedback on this, folks. It’s always welcome and appreciated.

Respectfully Yours,
Judson Bennett–Coastal Network


Influential Delaware Court Has Diversity Problem, Top Judge Says

– Chancery Court was venue for Twitter-Musk, other M&A
– Judge said the state was working to ‘fix’ the all-White court

By Jef Feeley
December 2, 2022 at 4:19 PM EST

The chief judge of the influential Delaware Chancery Court decried the lack of racial diversity among its judges but said state officials were working to address the issue.

Judge Kathaleen St. J. McCormick remarked on the court’s lack of diversity Friday at a corporate mergers-and-acquisitions conference at Columbia University in New York.

“The lack of diversity is a black mark,” McCormick said. “But we are working hard to fix that.” The setting for the judge’s comments reflects the court’s status as the nation’s premier forum for disputes arising from M&A and other corporate transactions. McCormick herself recently oversaw the pitched legal battle between Twitter Inc. and Elon Musk over his attempt to withdraw from his $44 billion takeover offer for the social-media platform. Musk capitulated and agreed to go through with a deal before a trial.

McCormick said that Delaware struggles to get African-American and other minority lawyers into its pipeline for future judges. The state’s supreme court last year set up an initiative to address racial disparities, she noted.

Delaware has been targeted by some civil-rights leaders — including the Rev. Al Sharpton — for failing to diversify the chancery court, whose judges are business-law experts and hear cases without a jury. The court’s importance is due in large part to the fact that more than 60% of Fortune 500 companies are incorporated in Delaware.

Tamika Montgomery-Reeves became the first African American appointed to the chancery court in 2015. She was later elevated to the Delaware Supreme Court and has since been tapped by President Joe Biden to serve on the federal appeals court in Philadelphia.