OPINION
Dear Friends,
I am an old white guy, and certainly not sure I agree with all the calls for diversity — because in my view, decisions should be made without regard to race or religion. Best person for the job, that kind of thing, is my motto folks. I know one thing, though, the hypocrisy of Delaware’s Democrats, who preside over all-white courts, yet claim to have Democratic values, makes me ill to my stomach. What are your thoughts on this release from the Citizens Group, with which I usually am in agreement, folks?
Respectfully Yours,
[avatar user=”Judson Bennett” size=”thumbnail” align=”left” link=”https://twitter.com/Judson_Bennett” target=”_blank”]Judson Bennett, Coastal Network[/avatar]
Citizens for a Pro-Business Delaware Launches 6-Figure Campaign Calling for Appointment of a Person of Color to Lead Delaware’s Chancery Court
Grassroots activist group will deploy an expansive campaign to replace retiring Chancery Court Chancellor Andre Bouchard with a diverse candidate.
January 13, 2021 08:03 AM Eastern Standard Time
WILMINGTON, Del.–(
BUSINESS WIRE)–Today, Citizens for a Pro-Business Delaware (CPBD) launched a 6-figure campaign calling for Governor Carney to appoint a person of color to replace retiring Chancellor Andre Bouchard on the currently all-white Chancery Court. The comprehensive campaign will deploy a range of strategies including radio, print ads, and a comprehensive grassroots canvassing campaign to communicate directly with voters and civic leaders to put pressure on Governor Carney to restore diversity on the Chancery Court, which has been all-white since the departure of Justice Tamika Montgomery-Reeves, the only Black person to ever sit on the Chancery Court.
Research from the Brennan Center for Justice and others has unequivocally demonstrated that
diverse court composition is critical for applying “equal justice under the law” and enhancing the legitimacy of the courts in the eyes of the citizens it serves. CPBD’s campaign will call for strategic recruitment of diverse candidates and transparency in the nominating and interview process to remedy the fact that people of color make up 60% of the prison population but constitute only 15% of all judges in Delaware.
Said
Citizens for a Pro-Business Delaware Campaign Manager Chris Coffey, “We must ask ourselves: if there were more diversity on the benches of Delaware’s highest courts, would sentences be more fair, would the prison population be less disproportionally made up of people of color, would our judges care more about
COVID ripping through the prison population?”
Governor Carney’s most recent appointment of Paul Fioravanti Jr. to the Chancery Court, replacing Justice Tamika Montgomery-Reeves – the first Black woman to sit on Delaware’s Supreme Court – was a step backwards in diversifying the Delaware judiciary. Chancellor Bouchard’s impending retirement presents Governor Carney and the nominating commission the chance to do more than pay lip service to equity and diversity.
Continued Coffey, “Governor Carney has an opportunity to finally follow through on his purported commitment to diversity and replace Chancellor Bouchard, whose tenure as head of the Chancery Court was marked by lack of judicial accountability and cronyism, with a person of color who will represent the interests of all Delawareans, rather than an elite few. Our awareness campaign will push tirelessly for a more diverse, fair, and accountable Delaware judiciary.”
Delaware has a long history of housing corporations from all over the world. The state’s incorporation process, coupled with some distinct business advantages, makes it a haven for corporate entities. Citizens for a Pro Business Delaware seeks to inform the public of both the benefits of incorporating a business in Delaware, and its potential for corruption.
The Nationwide Incorporation Process
Incorporating a business means making it into a legal entity almost as if the business were a person. Incorporating your business provides a number of important advantages and protections including:
- Protection from liability for debts
- Continuity after the owner dies
- Ability to raise capital through the sale of securities
- Ease of transfer
- Establishes conditions for a company to become public
While every state has a different incorporation process, there are a few
universal steps nationwide. Those steps include:
- Choosing a business name
- Naming an agent to act on your company’s behalf
- Preparing your state’s articles of incorporation
- Establishing bylaws
- Continued compliance with state incorporation laws
Incorporating a Business in Delaware
Under United States’ business laws, you’re allowed to incorporate in whatever state you would like with one caveat: you must register your company in any additional state you wish to do business in.
Delaware is considered the most popular state to incorporate your business in. The process is
slightly different, however. Here are the steps to incorporate a Delaware business:
- Choose your business type
- Name a registered agent (must be located in the state)
- Fill out certificate of incorporation
- Obtain certificate in good standing (some financial institutions only)
- Pay annual franchise tax
Why Do Businesses Choose Delaware?
The process for incorporation in Delaware is arguably easier. The question becomes, “Why incorporate a Delaware business?” There are a few
distinct advantages to having your company be a Delaware business. The primary advantage rests with the state’s tax laws. Those laws often favor corporations. If your business is incorporated but not physically located in Delaware, you don’t have to pay state income tax. Additionally, Delaware businesses offer a greater level of privacy as they don’t require you to disclose as much information about your business, such as the board of directors.
Business law is a thriving industry in Delaware, which receives much of its state income from the incorporation process.
Potential for Corruption: Delaware Chancery Court
Another reason that companies decide to incorporate in Delaware is because of the Delaware Chancery Court. What might be considered an incredible advantage to some is actually a gateway to corruption. Delaware’s Chancery goes back centuries. Established in 1792, the Chancery Court is considered by some to be the most prestigious business court system in America. It is reliant on its system of judges, rather than juries, to oversee Delaware’s economic concerns.
Because the incorporation process in Delaware requires such little information on the part of the incorporating company, and because of the legal, privacy, and tax protections placed on Delaware businesses, the Delaware Chancery Court is subject to a
higher degree of potential corruption regarding business decisions.
Coastal Network
The Coastal Network is an outlet committed to providing a voice against corruption and advocating for transparency in the Delaware court system, business world and beyond.
For more on corruption in the United States, including the Delaware Court system, visit
www.coastalnetwork.com
