Should Governor Seek Opinion of Delaware Supreme Court?

Most readers are aware that courts do not give merely "advisory" opinions without a real case or controversy, but Delaware has a specific provision in the state constitution that allows the Delaware Supreme Court to provide, upon formal request by the Governor, an opinion on important unresolved legal issues on which that the Delaware Governor needs a conclusive opinion.

Here is an editorial in the News Journal, the local Wilmington paper, suggesting that the Governor should ask the Supreme Court for an opinion about whether the State Auditor or the State Attorney General should be required to issue a subpoena in order to obtain personnel records of state employees in connection with their ongoing investigation.

Loyal Readers: Are you aware of any other states that provide a lawful basis for the state’s high court to give "advisory opinions" to the state’s governor?