Musical chairs on the bench

Joe Biden isn't the only Delawarean who has a keen professional interest in the outcome of this year's presidential election. So do Democrats Leo E. Strine Jr. and Donald Parsons Jr., both of whom sit on Delaware's Court of Chancery. And the court's William B. Chandler III and Stephen Lamb may well step down when their terms are up next year regardless of who's in power in Washington, D.C., or Dover, Del., the state's capital.

Much of the speculation centers on Strine. He was active in the state's Democratic circles from the time he was in college in the early 1980s until he went on the bench in 1998, and he's very close to former Delaware Gov. Thomas Carper, now a U.S. senator. If Barack Obama wins in November, Biden could lobby to tap Strine as a commissioner at the U.S. Securities and Exchange Commission or for one of the two vacancies on the U.S. Court of Appeals for the District of Columbia Circuit. Four sitting Supreme Court justices ascended to the nation's highest court from the D.C. Circuit: Ruth Bader Ginsburg, John Roberts Jr., Antonin Scalia and Clarence Thomas. There's currently one vacancy on the D.C. Circuit, for which President George W. Bush in 2006 nominated Peter Keisler, an appointee whom Senate Democrats have steadfastly rejected. Judge A. Raymond Randolph has announced he will step down on Nov. 1.

None of the gossip about Strine's career plans has him headed to Delaware's U.S. District Court, which has had a vacancy since Bush elevated Kent Jordan from that court to the 3rd Circuit two years ago. Bush tapped Colm Connolly, the U.S. attorney general for Delaware, for the vacancy earlier this year, but Biden has reputedly held up the nomination. Parsons would seem a natural fit for the spot. He was a patent and intellectual property litigator at Morris, Nichols, Arsht & Tunnell LLP in Wilmington, and patent law is a key strength of the Delaware District Court.

Chancery's two Republicans may leave the court for personal reasons. It's widely rumored in Wilmington legal circles that Lamb will step down from the bench when his 12-year term ends next year. The gossip mill predicts he'll become an arbitrator. With his judicial experience, Lamb could command up to $1,000 an hour as an arbitrator. As of last Jan. 1, the four vice chancellors on the Court of Chancery made $174,000 each, while Chancellor Chandler took home $185,000.

Chandler's term also ends next year. He's served on the court since 1989 and was on the Delaware Superior Court from 1985 to 1989. Chandler is in his late 50s, so if he accepts another 12-year term as chancellor, he's likely to finish out his career on the court. His plans seem less certain than Lamb's, though observers note that 20 years is a long time to handle the very demanding Court of Chancery practice.