Markell taps Vaughn for Del. Supreme Court

By Sean O'sullivan
News Journal
September 23, 2014

http://www.delawareonline.com/story/news/local/2014/09/23/markell-taps-vaughn-del-supreme-court/16105825/

James T. Vaughn Jr.

Gov. Jack Markell on Tuesday nominated Superior Court President Judge James T. Vaughn Jr. to the Delaware Supreme Court.

Vaughn, 65, a Delaware native and son of the late Delaware Senator James T. Vaughn, was first named to the bench as a Kent County Superior Court judge in 1998.

If confirmed during a special session of the Senate next month, he will fill a vacancy left by Justice Carolyn Berger, who retired Sept. 1.

Widener Law Professor Emeritus Tom Reed said he expects Vaughn's nomination to easily speed through the Senate due to his many years of distinguished service. And being the son of a prominent state senator "certainly won't hurt," he said.

"He will make a good justice," Reed said.

Vaughn has the criminal trial experience that many other recent Delaware Supreme Court nominees have lacked, Reed said, and so his addition to the court will help provide some diversity of experience and balance.

In announcing his nomination, Markell praised Vaughn's 15 years of service on Superior Court.

"If confirmed by the Senate, his experience, his wisdom, and his commitment to justice will make him an outstanding addition to Delaware's highest court," Markell said.

Delaware Attorney General Beau Biden issued a statement praising Markell's selection saying Vaughn, "embodies great intellect, leadership and judicial temperament – traits that make him an excellent choice to serve on our state's highest court."

Delaware Public Defender Brendan O'Neill agreed, saying Vaughn's knowledge about the criminal justice system from both his time as a trial lawyer and a judge, "will prove valuable in addressing the issues that the criminal defense bar believes are important."

Vaughn, who has been the top Superior Court judge since 2004, said he was honored and humbled by the nomination.

"If I am confirmed by the Senate, I look forward to serving Delaware's citizens as part of the state's highest court," said Vaughn.

Before joining the court, Vaughn was a private practice attorney in Dover for 22 years. He served on the Clayton Town Council from 1979 to 1989 and the Smyrna School Board from 1989 to 1994.

During his time on the bench, Vaughn has presided over a number of high-profile cases including the 2013 prosecution of father-son defendants Tony Dunn and Lynell Tucker for the slaying of Dominique Helm. Vaughn sentenced Tucker to life for murder and Dunn to two years for helping his son flee the area after the shooting.

In Dec. 2011, Vaughn sentenced Robert Allen Gattis to die by lethal injection for the 1990 murder of Shirley Slay. A month later Gov. Markell made state history by commuting Gattis' sentence to life in prison without possibility of parole.

In Dec. 2010, Vaughn presided over the civil case of John Vai against the Roman Catholic Diocese of Wilmington that ended with a jury awarding Vai $3 million in damages for sexual abuse he suffered as a child at the hands of a priest.

Vaughn graduated from Georgetown University Law School in 1976 and was admitted to the Delaware Bar that same year. He received his bachelor's degree from Duke University in 1971.