Governor nominates Rapposelli, Wallace for appointment to Superior Court; Danberg for appointment to Court of Common Pleas

WILMINGTON – Governor Jack Markell today announced his nomination of three dedicated public servants for positions on Delaware’s judiciary.  This afternoon, Markell announced that he has nominated Vivian L. Rapposelli and Paul R. Wallace for appointment to the Superior Court, and Carl C. Danberg for appointment to the Court of Common Pleas.

The positions for which Ms. Rapposelli and Mr. Wallace have been nominated are new Superior Court judgeships recently authorized by the General Assembly for New Castle County.  Mr. Danberg has been nominated to fill the vacancy on the Court of Common Pleas created when Judge Eric M. Davis became a Superior Court judge.

Since 2009, Ms. Rapposelli has served as Secretary of the Department of Services for Children, Youth & Their Families, a 1,200-person state agency charged with providing and  managing a range of services for children who have experienced abandonment, abuse, adjudication, mental illness, neglect, or substance abuse.  From 2004-09, she served as president and owner of Rapposelli & Gonzales, the state’s first law firm comprised entirely of bi-lingual and multi-lingual attorneys, where her practice included immigration and civil rights litigation.  Previously, she served as an associate at Young Conaway Stargatt & Taylor LLP, where she practiced in the areas of personal injury, worker’s compensation and medical malpractice, and as a supervising attorney at Delaware Volunteer Legal Services.

Ms. Rapposelli, a Democrat, is a graduate of Ursuline Academy, the University of Delaware and Widener University School of Law.

“Vivian Rapposelli is an outstanding attorney, an exceptional manager and a dedicated public servant,” said Markell.  “Whether serving as an attorney in private practice or as head of the Department of Services for Children, Youth & Their Families, Vivian has proven that she is an individual who is committed to justice and the rule of law.”

“I am honored that Governor Markell has chosen to nominate me for this important position,” said Rapposelli.  “If I am confirmed by the Senate, I look forward to serving the people of Delaware as a member of our state’s world-class judiciary.”

A 23-year veteran of the Delaware Department of Justice, Mr. Wallace has served as DOJ’s chief of appeals since 2008.  In that capacity, in addition to supervising ten deputy attorneys general, he regularly represents the state in appellate proceedings before the Delaware Supreme Court and other courts.  From 2005-08, Mr. Wallace served as the Department of Justice’s chief prosecutor in New Castle County, and from 2001-05, he served as unit head of the Department’s Felony Trial Unit.  He has also served as unit head of the Department’s Sex Crimes Unit and as its chief white collar crime prosecutor.  A Republican, Mr. Wallace is a graduate of the University of Maryland and the Columbus School of Law of the Catholic University of America.

“Over the last two decades, Paul Wallace has litigated some of our state’s toughest cases.  During that time, he has proven himself to be an attorney of uncommon skill, intelligence and judgment. I believe that if he is confirmed by the Senate, he will serve our judiciary and our state well,” said Governor Markell.

“As an advocate for the Department of Justice for more than 20 years, I know firsthand the important role our judiciary plays in the lives of our citizens,” said Wallace. “I am honored greatly by the trust Governor Markell has placed in me with this nomination.  If I am confirmed by the Senate, I pledge to do my best to continue the well-established tradition of excellence of the Delaware judiciary and its outstanding staff.”

Mr. Danberg currently serves as Commissioner of the Department of Correction, a position he has held since 2007.  In that capacity, he is responsible for an annual budget of over $250 million and 2,500 employees supervising 16,000 offenders in the community and 6,500 offenders in 11 facilities.  From 2005-07, Mr. Danberg served as Attorney General of the State of Delaware, where he was appointed by Governor Minner to complete the unexpired term of the Hon. M. Jane Brady.  From 1996-2005, he served as deputy principal assistant to the Commissioner of Correction.

Since 1998, Mr. Danberg has been a member of the Delaware Army National Guard, where he currently serves as a Lt. Colonel in the Judge Advocate General’s Corps.  In addition, since 1995, he has served as an adjunct professor at the University of Delaware, where he currently teaches the constitutional law of criminal procedure.  A Democrat, Mr. Danberg is a graduate of the University of Delaware and Widener University School of Law.

“I am humbled by my nomination, and I thank Governor Markell and the Judicial Nominating Commission for their faith and confidence in me,” said Commissioner Danberg. “In recent years, I have had the privilege of serving the people of Delaware in several important capacities.  If I have the honor of being confirmed by the Senate, I look forward to continuing to serve our state in this important new role.”

“From his work as Corrections Commissioner, to his term as Attorney General, to his service in the Delaware Army National Guard, to his work teaching constitutional law at the University of Delaware, Carl Danberg truly exemplifies the meaning of public service,” said Governor Markell.  “Carl is one of the most honorable, hardest working and dedicated public servants I have known, and I have every confidence that he will make an outstanding jurist if he is confirmed by the Senate.”

Washington, D.C. – Governor Markell, chair of the National Governors Association (NGA), joined with Oklahoma Governor and NGA Vice Chair Mary Fallin to outline accomplishments and priorities for the upcoming year.  The first State of the States address focused on reviewing current conditions and challenges faced by states and highlighted the collective vision of governors’ priorities for 2013.

To see a copy of the speech or view video, visit: http://www.nga.org/cms/stateofthestates. The speech will re-air on C-Span at 8:00 p.m. EST. Below is a news release issued by the NGA.

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NGA News Release

FOR IMMEDIATE RELEASE

January 09, 2013

Contact:                                                  Jodi Omear, 202-624-5346

Krista Zaharias, 202-624-5367

NATIONAL GOVERNORS ASSOCIATION LEADERSHIP DELIVER STATE OF THE STATES ADDRESS

Speech Highlights Economy, Education, Health Care and Homeland Security

WASHINGTON—National Governors Association (NGA) Chair Delaware Gov. Jack Markell and Vice Chair Oklahoma Gov. Mary Fallin delivered the association’s first-ever State of the States address today at the National Press Club in Washington, D.C.

The governors focused on the current conditions and challenges faced by states and discussed the governors’ collective vision for 2013. Markell also highlighted several gubernatorial successes from the past year.

“We cannot afford to wait when it comes to moving the needle on jobs and business growth. In this economy, governors are keenly aware of the obstacles job seekers face every day,” Markell said. “Much of our effort is focused on removing these obstacles. For example, forty separate federal programs are providing workforce services that focus on employment and occupational skills. We want these critical programs to continue, but we want the federal government to give states more flexibility to implement innovative state-based workforce systems – programs that would be better able to respond to job seekers’ and businesses’ needs.”

Markell noted that while each governor has his or her own unique circumstances, each must facilitate job growth, improve schools and be financially responsible. He pointed out that uncertainty from Washington and the reality of shrinking federal support hurts both state economies and state budgets.

“As much as we do in our states, our economies are tightly linked to the national economy. As a result, our states’ prosperity depends, in no small measure, on the ability of our public servants in Washington to come to terms on a path forward,” said Markell.

He continued by saying that one of the largest uncertainties concerns elements of the “fiscal cliff” that were postponed or left out of the recently enacted American Taxpayer Relief Act of 2012.

Markell also highlighted job creation, noting his NGA Chair’s initiative, A Better Bottom Line: Employing Individuals with Disabilities, in addition to infrastructure, the nation’s tax code and education as priority issues for governors.

Fallin focused her remarks on the importance of a strong state-federal partnership, noting that governors are “committed to a vibrant and strong collaboration with Congress and the administration to maintain and promote a balanced federal system.”

She highlighted four points governors have asked the president and Congress to keep in mind when addressing sequestration and deficit reduction:

• Federal reforms should produce savings for both the federal government and states;

• Deficit reduction should not be accomplished by merely shifting costs to states or imposing unfunded mandates;

• States should be given increased flexibility to create efficiencies and achieve results; and

• Congress should not impose maintenance of effort provisions on states as a condition of funding.

“Essentially, all of these points can be boiled down to two words: flexibility and partnership,” said Fallin. “We need the flexibility to take care of the unique needs of our citizens and the unique challenges facing our states…and states need to be treated as partners, not underlings, as we work to implement good public policy. As we told the president, reducing the deficit simply by shifting costs to states is not indicative of a good partnership.”

Fallin also highlighted health care and its costs as a critical challenge for the country. She noted NGA’s new virtual resource center as a tool to help navigate the various complexities of health care policy.

“This website will provide policymakers with expert analysis and best practices already adopted in states that are working to improve health care access, affordability and quality,” Fallin said.

Fallin outlined NGA’s initiative to tackle the fastest-growing drug problem in the country: the abuse of prescription drugs. The initiative is co-chaired by Alabama Gov. Robert Bentley and Colorado Gov. John Hickenlooper and seeks to develop and implement comprehensive and coordinated strategies to reduce prescription drug abuse.

Finally, Fallin noted that governors remain committed partners in the maintenance of the nation’s armed forces—especially the men and women of our National Guard. The National Guard plays a critical role responding to emergencies here at home as well as fighting alongside our active duty military overseas.

Fallin said, “Governors will continue to work with the Department of Defense and Congress to better leverage the National Guard’s cost-effectiveness and high level of experience while preserving military capability for the nation because the safety and security of our citizens is crucial.”

She concluded by highlighting governors’ work to develop a broadband network for public safety communications and the creation of an NGA Resource Center for State Cybersecurity led by Maryland Gov. Martin O’Malley and Michigan Gov. Rick Snyder. Fallin also noted the work of 22 states to convert state automobile fleets to natural gas vehicles.

To see a copy of the speech or view video, visit: http://www.nga.org/cms/stateofthestates. The nation’s governors will gather for their annual Winter Meeting in Washington, D.C., from Feb. 22-25, 2013.

WILMINGTON – Acknowledging his extensive service to the State of Delaware and unwavering dedication to the City of Wilmington, Governor Markell presented Mayor James Baker with an Order of the First State, the highest honor the governor can grant.

“Mayor Baker’s service to the City of Wilmington and the State of Delaware spans several decades and includes many notable accomplishments,” said Governor Markell. “He has established quite a legacy, not just of service, but of achievement.”

Mayor Baker’s political career began when he was elected to serve on Wilmington’s City Council in 1972 and made history in 1984 as the first African-American elected council President, serving in that capacity until his election as Mayor in 2001. He was the longest serving Council President in the City of Wilmington’s history.

Governor Markell presented the Order to Mayor Baker in a surprise meeting with friends, family and colleagues as he entered his final days of a historic three-term career as Mayor for the City of Wilmington.

A video from the meeting can be seen on the Governor’s YouTube Channel.

Delaware one of three states getting approval on health exchanges

In a step toward expanding access to healthcare for Delawareans, Delaware today became the first state to receive conditional approval from the U.S. Department of Health and Human Services for a State Partnership Health Insurance Exchange under the Affordable Care Act.

An exchange is an online marketplace in which consumers will be able to choose and sign up for health care coverage beginning in January 2014. The State Partnership Exchange model is an option provided to states that want to manage part of the exchange in 2014, taking advantage of the federal infrastructure while maintaining control of key decisions and tailoring the marketplace to address local needs and market conditions.

The conditional approval provided to Delaware today is the first of its kind and shows the progress Delaware has made ahead of the February 15, 2013 deadline to apply to operate a State Partnership Exchange.

U. S. Health and Human Services Secretary  Kathleen Sebelius recognized this significant milestone on the path to establishing an exchange for the people of Delaware.

“States across the country are working to implement the health care law and build a marketplace that works for their residents,” said Secretary Sebelius. “In ten months, consumers in all fifty states will have access to a new marketplace where they will be able to easily purchase quality health insurance plans.”

“We appreciate that Secretary Sebelius and her staff recognize Delaware’s commitment and leadership in its state health policy,” Governor Markell said. “Partnering with the federal government provides us with the ability to address the needs of Delaware’s health care consumers, including small businesses, and providers in a fiscally responsible way as we work together to ensure access to quality affordable health care for Delawareans.”

Through the State Departments of Health and Social Services and Insurance and the Delaware Health Care Commission, Delaware pursued a State Partnership Exchange instead of a state-based exchange because of Delaware’s small population and costs associated with a state-based exchange.  Delaware expects to serve about 35,000 people through the Exchange.  The state will retain control of plan management, including state requirements for qualified health plans, as well as the consumer assistance function.

“Health care reform is providing the impetus for even greater collaboration in Delaware among providers, insurers, consumers, businesses, educators and government,” said Rita Landgraf, Secretary of the State Department of Health and Social Services. “The exchange is another step that will allow us to bring coverage to the uninsured, focus on patient outcomes and measureable standards, and deliver quality care at a price that families and taxpayers can afford. In return, we also have expectations for the people who are insured. We will encourage people to take responsibility for making healthy choices for their own sake and to reduce the cost of care overall.”

Because of the Affordable Care Act, consumers and small businesses in every state will have access to a new marketplace starting in 2014 where they can access quality, affordable private health insurance.

In October 2013, Delaware will begin enrolling clients in its health insurance exchange for coverage effective on January 1, 2014.

To stay updated on Delaware’s exchange activities, visit the Delaware Health Care Commission website at http://dhss.delaware.gov/dhss/dhcc/

See text of U.S. Health and Human Services release below:

FOR IMMEDIATE RELEASE

Thursday, December 20, 2012

Health and Human Services (HHS) Secretary Kathleen Sebelius today announced that three more states are on track to implement the health care law and establish health insurance marketplaces, or Exchanges, in their states. HHS issued the first conditional approval of a State Partnership Exchange to Delaware and Minnesota and Rhode Island are conditionally approved today to operate a State-based Exchange.

Today’s conditional approvals follow those issued last week to Colorado, Connecticut, the District of Columbia, Kentucky, Massachusetts, Maryland, New York, Oregon, and Washington to operate State-based Exchanges.

The conditional approval provided to Delaware today is the first of its kind and shows the progress Delaware has made ahead of the Feb. 15, 2013, deadline to apply to operate a State Partnership Exchange.   The State Partnership Exchange model is an option provided to states that want to manage part of the Exchange in 2014. A Partnership Exchange allows states to make key decisions and tailor the marketplace to local needs and market conditions. In addition to Delaware, Arkansas, Illinois, Iowa, and North Carolina have also expressed early interest in establishing a State Partnership Exchange.

“States across the country are working to implement the health care law and build a marketplace that works for their residents,” said Secretary Sebelius. “In ten months, consumers in all fifty states will have access to a new marketplace where they will be able to easily purchase quality health insurance plans.”

Because of the Affordable Care Act, consumers and small businesses in every state will have access to a new marketplace starting in 2014 where they can access quality, affordable private health insurance. These are similar to those choices that will be offered to members of Congress.

Consumers in every state will be able to buy insurance from qualified health plans directly through these marketplaces and may be eligible for tax credits to help pay for their health insurance.

To learn more about Exchange conditional approvals, visit: http://cciio.cms.gov/resources/factsheets/state-marketplaces.html

To view Exchange letters from states, visit:
http://www.healthcare.gov/law/resources/letters/index.html

For more information on Exchanges, visit:
http://www.healthcare.gov/exchanges

Governor Markell is asking Delawareans to join with the residents of Connecticut in observing a moment of silence on Friday at 9:30 a.m. in memory of the victims of the Sandy Hook Elementary School shooting.

“The people of Delaware have grieved and prayed for the people of Newtown, Conn. We have been joined in that grief by those from around the country and around the world. Governor Malloy of Connecticut has declared a day of mourning on Friday, December 21, and has asked his fellow governors to observe a moment of silence as well. So I request that Delawareans join the moment of silence at 9:30 a.m. on Friday to reflect and remember the lives that were lost so heartbreakingly, and to consider what we can do as individuals, as communities, as a state and as a country  to prevent future tragedies. I also suggest that churches or other institutions with the ability to do so toll 26 chimes in memory of the victims.”

Connecticut Gov. Malloy’s proclamation: http://governor.delaware.gov/docs/20121221dayofmourning.pdf