Mike O'Sullivan wrote this scholarly and yet practical answer to a much asked question. And with a name like "O'Sullivan", I am not surprised.
While I agree 100%, there are a number of other lesser factors that contribute to Delaware's magnetism. One of these factors derives from Delaware having a small bar, a collegial bar (aside from the Deer Park). There is no room to hide and no room for petty politics. We all share the common goal of maintaining the high quality of the Delaware Corporate body of law. I couldn't tell you what political party another Delaware lawyer belongs to, because for the most part, we don't care. It just doesn't matter.
There is a Delaware Constitutional provision which requires that the bench of some courts be somewhat balanced as between the two major parties. But this is secondary to picking the right person for the right job. We have a Democrat for a Governor who has nominated a number of Republican attorneys to positions on courts. Do you see that in other States?
And yes, our judges are nominated by the Governor, and confirmed by our Legislature. They are not elected. There are no judicial campaigns.
Removing politics from the equation has freed us up to do a better job for our profession, our Corporations, and for the human citizens of Delaware. After all, what else matters?
