Committee discusses request to seek tenure authority for New Castle County lawyers

The New Castle County Executive Committee on Feb. 3, 2026 discussed Resolution 26-018, which would ask the Delaware General Assembly to amend Title 9 of the Delaware Code to permit the county to adopt an ordinance allowing employees of the county Office of Law to earn a right to tenure. Aaron Goldstein, New Castle County Attorney, told the committee that tenure "ensures that legal advice is provided free from improper political influence" and would help the county recruit and retain lawyers and support staff.

Goldstein said the proposal is a first step: passage of the resolution would only request statutory authority from the state; it would not itself grant tenure. He described a three-part process in which the General Assembly would first amend Title 9, and the county would later consider an ordinance that sets eligibility rules, including a three-year continuous full-time employment requirement and a proposed one-year performance run-up before the right could be earned.

Goldstein said New Castle County's Office of Law has "19 full-time employees" and that he "believes" about 14 are lawyers, but he prefaced the headcount as uncertain and said final numbers would be confirmed in drafting. He emphasized that tenure would not change salary or benefits and that neither the county attorney nor the county solicitor would be eligible for tenure under the plan.

Several committee members expressed support. Councilman Carter said the proposal would help correct vestigial patronage and improve professionalism. Councilman Smiley asked whether any ordinance would be retroactive for existing staff; Goldstein replied that details — including whether to provide limited retroactivity or to apply the rule prospectively — would be set by the council when it drafts the ordinance.

A council member identified in the record as Councilman Street raised concerns about the Office of Law's racial diversity, saying "There's a clear absence of diversity" and that those concerns informed his apparent opposition to the measure. Goldstein replied that making the office competitive to retain and recruit talent is consistent with promoting a diverse workforce.

Goldstein cited recent precedent: in 2024 the City of Wilmington sought and secured similar authority for its appointed attorneys through Senate Bill 253, which the county attorney used as an example of the approach. He said the resolution asks the General Assembly to permit the county to proceed with a local ordinance if the state law is amended.

The committee did not record a final vote on Resolution 26-018 during this meeting; Goldstein said if the General Assembly authorizes it, the council would return with an ordinance that sets specifics such as eligibility periods, performance plans and which job classifications (he said the term "other legal professionals" could be defined to include paralegals and assistants) would be covered. Goldstein also announced the promotion of Asia Gregory to first assistant county attorney and members offered congratulations.

Before that discussion the committee approved a map item referenced from January 2026 by voice vote. The meeting closed after a motion to adjourn carried.

Next steps: the resolution will be transmitted to the Delaware General Assembly for consideration; if the legislature acts, the council would then draft and vote on a local ordinance to implement any new authority.