CHAPTER 5: THE JUDICIARY
Drawing of Court Room
Article IV of the Constitution of Delaware provides for a Supreme Court, a Court of Chancery, a Superior Court, Justice of the Peace Courts and such other courts as may be established by the General Assembly.
Other courts have been established by statute including the Court of Common Pleas, the Family Court, and the Municipal Court of the City of Wilmington. However, after 166 years in operation, Municipal Court of the city of Wilmington closed its doors on May 1, 1998. Cases previously heard in Municipal Court are now split between two state courts – Justice of the Peace which handles traffic cases, felony arraignments and non-jury misdemeanor trials, and the Court of Common Pleas which handles felony preliminary hearings and misdemeanor jury trials.
The Constitution provides for an even political balance among the judges but not for Justices of the Peace. When there is an even number of judges, no more than half may be of the same political party. When the number of judges is uneven, no more than a majority of one may be of the same political party.
It is required that judges of the Family Court and the Court of Common Pleas be admitted to the practice of law in Delaware for at least 5 years. Judges for the Supreme Court, Court of Chancery, and Superior Court, must be members of the bar, but without a time requirement. All judges are appointed by the Governor and must be confirmed by the Senate, and all terms are for 12 years. Salaries are set by statute by the General Assembly. If a vacancy occurs, the replacement appointment is for a full 12-year term.
Justices of the Peace are also appointed by the Governor with the advice and consent of the Senate, and their salaries are set by the General Assembly. The term of office for a Justice of Peace is 4 years and their reappointment to office is for 6 years.
Organization Chart of the Delaware Court System
The Supreme Court
The Supreme Court is the highest court, and it is primarily an appeals court. Appeals are received from the Superior Court in criminal cases in which the penalty exceeds certain minimums and in civil cases as to final judgements. Appeals are heard on the record. The Supreme Court has jurisdiction to issue writs of prohibition, quo warranto, certiorari, and mandamus. At the request of the Governor, the Court also may render advisory opinions regarding the constitutionality of existing laws or proposed legislation.
The Supreme Court consists of a Chief Justice and four Associate Justices who are appointed by the Governor on a bipartisan basis with the consent of the Senate. The Justices are appointed for 12-year terms and must be learned in the law.
The Chief Justice is responsible for the administration of all courts in the state and appoints a Director of the Administration Office of the Courts to manage the non-judicial aspects of court administration. The Supreme Court is staffed by a Clerk and Chief Deputy Clerk, law clerks and secretaries. Case load in 1997 was 551 cases filed.
Court of Chancery
The Court of Chancery is an equity court, its purpose being to provide such relief as justice and good conscience may require.
The concept of the Court of Chancery is found in the early court system of England when a court was created to provide fairness or equity that was not then available in other courts of England. Court of Chancery does not have jurisdiction over a case when sufficient remedy is available in other courts. Persons who wish to force someone to act or refrain from acting if not covered by statute may take their case to the Court of Chancery. Cases involving dispute of ownership or of rightful title may come to the Court of Chancery. Most litigation consists of corporate matters, trusts, estates and other fiduciary matters, disputes involving the purchase and sale of land, and the clearing of clouds on title, as well as commercial and contractual matters in general. When issues of fact arise, the Court of Chancery may order such facts to trial by jury in Superior Court.
One Chancellor and four Vice-Chancellors sit on the Court of Chancery. They are appointed by the Governor with the consent of the Senate for 12-year terms. They must be learned in the law.
An elected Register in Chancery of each county is Clerk of Court, and Judges appoint one Chief Deputy Register in Chancery in each county. The Register of Wills acts as a Clerk of the Court for probate matters. A Register of Wills is elected in each county and the Chancellor appoints a Chief Deputy Register of Wills for each county.
The Chancellor has the duty to appoint the Public Guardian. The Public Guardian serves as guardian of the person and/or property of the aged, the mentally infirm and the physically incapacitated.
In fiscal year 1997, there were 847 civil cases and 2,280 estates filed along with 749 miscellaneous matters.
Superior Court
Superior Court has jurisdiction over criminal and civil cases, except equity cases, over which the Court of Chancery has exclusive jurisdiction. The Court has exclusive jurisdiction over domestic relations matters, which jurisdiction is vested with the Family Court.
The Court’s authority to award damages is not subject to a monetary maximum. The Court hears cases of personal injury, libel and slander and contract claims. The Court also tries cases including medical malpractice, legal malpractice, property cases involving mortgage foreclosures, mechanical liens and condemnations. The Court has exclusive jurisdiction over felonies and drug offenses (except those involving minors and possession of marijuana cases). The Court has jurisdiction over involuntary commitments of the mentally ill to the Delaware State Hospital. The Court serves as an intermediate Appellate Court, hearing appeals on the record from Court of Common Pleas, Family Court (adult criminals), and more than 50 administrative agencies including industrial Zoning and Adjustment Boards. Appeals from Superior Court before the Supreme Court are argued on the record.
Arbitration is compulsory for civil cases in which a trial is available and monetary damages are sought and do not exceed $100,000, and non-monetary damages are substantial. Arbitrators are appointed by the resident judge or his designee. The arbitrator’s decision is in the form of a written order that becomes a judgement unless a trial de novo is requested before Superior Court within 20 days of the order.
There may be nineteen judges appointed to Superior Court, one of whom is appointed President Judge with the responsibility for the court, and three are appointed as Resident Judges and must reside in the county in which they are appointed.
An appointed Prothonotary for each county serves as the clerk for that county. The Prothonotary is the record keeper for the Superior Court and is directly involved with the daily operations of the Court. The office handles the jury list and is custodian of costs and fees for Superior Court and the Attorney General.
Elected Sheriffs, one per county, also serve Superior and are primarily process servers and handle Sheriff’s sale of property.
In 1997, there were 8,056 filings brought against defendants and 7,392 dispositions; there were 7,465 civil filings and 7,405 dispositions.
Family Court
The Family Court has broad civil and criminal jurisdiction over domestic relations matters and over juveniles (persons under 18 years of age) who are dependent, neglected or delinquent. Domestic relations jurisdiction includes divorces and annulments, adoptions, terminations, property settlements, alimony, visitation, custody, support and actions involving family discord.
Family Court Building Dover
Matters heard in the interest of a child include neglect, abuse, abandonment and contribution to the delinquency of a minor, and juvenile delinquency.
Family Court does not have jurisdiction over adults charged with felonies nor juveniles charged with 1st degree or 2nd degree murder, rape and kidnapping.
Cases are appealed to the Supreme Court with the exception of adult criminal cases which are appealed to the Superior Court.
Family Court has instituted both arbitration and mediation procedures. Arbitration is an informal proceeding in which a specially trained officer attempts to resolve juvenile delinquency cases involving minor charges and adult criminal cases involving selected misdemeanors. The officer determines if the case should be dismissed, sent to formal hearing or kept open if certain conditions need to be met. The review is done by a Deputy Attorney General who either upholds the decision or decides the matter should have a formal hearing.
Mediation is a pre-adjudicatory proceeding where a trained mediator attempts to assist the parties in reaching an agreement in disputes involving child custody, support, visitation, guardianships, imperiling family relations, and rules to show cause. If the parties are unable to reach an agreement, the matter is scheduled for a hearing before a master or a judge.
The Court is allowed fifteen judges, one of whom is appointed by the Governor as Chief Judge who is then chief administrator and executive officer.
Family Court uses masters and commissioners to hear specific types of cases. The Chief Judge appoints the Masters and they serve at his pleasure. Commissioners are appointed to four-year terms by the Governor with the consent of the Senate.
Family Court employs a staff of more than 270 and handled more than 57,900 cases in 1997.
Court of Common Pleas
The Court of Common Pleas has jurisdiction which includes concurrent jurisdiction with Superior Court in civil actions where the amount involved, exclusive of interest, does not exceed $50,000 on the complaint. There is no limitation in amount on counter-claim and cross claims. All civil cases are tried without a jury.
The Court has criminal jurisdiction over all misdemeanors occurring in the State of Delaware except drug-related cases. It is responsible for all preliminary hearings. Jury trials are available to all defendants.
The Court has jurisdiction over appeals from Justice of Peace and Alderman’s Courts in both criminal and civil cases. It also has jurisdiction over administrative appeals from the Department of Motor Vehicles.
There are nine Judges of the Court of Common Pleas, one of whom is appointed Chief Judge by the Governor. They are nominated by the Governor and confirmed by the Senate for terms of 2 years. They must have been actively engaged in the practice of law for at least 5 years and must be citizens of Delaware. The court handled 49,633 criminal filings and 6,434 civil cases during fiscal year 1997.
Justice Of The Peace Courts
More citizens come in contact with the Justice of the Peace Courts than any other. Although these courts are established by the state constitution, their jurisdiction is determined by statute and they have only that authority expressly granted by the legislature.
The Justice of the Peace Courts have jurisdiction over civil cases in which the amount in controversy does not exceed $15,000. JP Courts are authorized to hear violations, minor misdemeanors and motor vehicle cases (excluding felonies) and may act as committing magistrates for all crimes. Because Justice of the Peace Courts are not courts of record, appeals may be taken de novo to Common Pleas Court. The subject matter jurisdiction of the Justice of the Peace Courts is shared with the Court of Common Pleas with the exception of Landlord-Tenant cases over which Justice of Peace Court has exclusive jurisdiction. Appeals in Landlord-Tenant cases are headed by a panel of three Justices of Peace.
The Delaware Code authorizes a Chief Magistrate and fifty six Justices of the Peace, all of whom are appointed by the Governor and approved by the Senate. Original terms are 4 years and reappointments are for 6 years. A Justice of the Peace must be 21 years old and a resident of the State of Delaware.
There are twenty Justice of the Peace Courts, seven in New Castle County, five in Kent County and eight in Sussex County. Five of these courts handle only civil matters; one handles both criminal and civil charges, one handles mail-in responses to traffic violations; and the remainder only criminal and traffic charges. A total of 58 JP’s under one Chief Magistrate serve these courts.
More than 279,110 criminal charges were filed in Justice of Peace Courts in 1997 and over 29,000 civil complaints were also file. Approximately 25% of the civil complaints were Landlord-Tenant actions.
Alderman’s Court
The jurisdiction of an Alderman’s Court is limited to misdemeanors, traffic offenses, parking violations and minor civil matters. The specific jurisdiction of each Court varies with the Town Charter (which is approved by the State Legislature). Appeals are taken de novo to the Court of Common Pleas within 15 days of trial. There are eight Alderman’s Courts located in Bethany Beach, Delmar, Dewey Beach, Laurel, Newark, Newport, Ocean View, and Rehoboth Beach. They handled a total of 25,684 cases in fiscal 1997.
Juries
The Grand Jury determines if there is sufficient evidence to hold an individual for trial in Superior Court. Each county has its own Grand Jury.
The Petit Jury sits on criminal cases heard in Superior Court and Court of Common Pleas and determines liability and amount of damages to be awarded. The Petit Jury sits on civil cases in Superior Court only and determines liability and amount of damages. A person is entitled to a jury trial on any charge for which the sentence may exceed 90 days. In criminal actions, the jury determines the innocence or guilt of the defendant by unanimous decision. If the decision is not unanimous, the case may be retried. The Petit Jury may consist of six persons, except in cases involving capital punishment, when there must be twelve members. A defendant may also choose to have his or her case heard without a jury.
Juries are chosen from eligible voter and registered driver lists in the state by Jury Commissioners. At the pleasure of the Court, the judges of Superior Court appoint two commissioners from each county. They may not be of the same political party and they are paid $2,500 annually.
As each case comes to trial, the Prothonotary chooses from the box enough names until the proper number for the jury has been chosen. Each side may have six challenges without showing cause. In criminal cases involving the death penalty, the defense may have as many as 20 challenges, the prosecution 12. There is no limit to challenge for cause. In these cases, each juror is asked if he or she has any scruples against voting for the death penalty if the evidence should convince him of guilt or if he has already formed an opinion in the case. If the answer to either question is "yes” he is excused from that particular case.
,In New Castle County, jurors are called for one day or one trial. There is no remuneration for the first day. Thereafter, if the trial continues, jurors receive $20 per day. In Kent and Sussex Counties, jurors are called for two weeks and receive compensation of $20 for each day including the first day.
Court on the Judiciary
This court was created in 1969 by an amendment to the Constitution and consists of the Chief Justice and Associate Justices of the Supreme Court, the Chancellor of the Court of Chancery and the President Judge of Superior Court. Any judicial officer may be censured, removed or retired for willful misconduct, willful failure to perform, offense involving moral turpitude, permanent mental or physical disabilities interfering with proper performance of duties or other misconduct in violation of the Canons of Judicial Ethics.
The Judiciary Process
The diagram on the next page shows the many paths an individual might take through the various government departments and agencies from the moment of arrest to his or her subsequent release.
The legislature writes the laws; arrest for violations of law is the responsibility of police under the executive branch and the judicial branch provides a trial in a court; the Department of Correction, again under the executive branch, carries out the sentence imposed by the court. The Department of Justice, with an elected attorney general, is responsible for prosecution of alleged violators, and defense for those unable to afford a lawyer is provided by a public defender appointed by the Governor.
Definition Of Terms
The following are common terms used throughout the court system
Committing |
Persons setting bail for appearance in a court of proper jurisdiction, | |
Magistrate |
eg, Justice of Peace does not have authority to try a rape case. When the | |
defendant is brought before the Magistrate, he is told which court must | ||
hear the charge and how much and what type of bond must be posted to | ||
guarantee his later appearance | ||
Concurrent |
Those actions which may be originated in more than one court. |
Criminal Code |
That portion of the law dealing with criminal offenses. This was |
revise and effective July 1, 1973 and is Title 11 of the Delaware | |
Code. It divides crimes into categories of violations (relatively | |
minor offenses such as offensive touching or trespassing); misde- | |
meanors (such as theft under $1,000); and felonies. | |
Exclusive |
Those actions which must be brought only in a specific court. |
Jurisdiction |
Power of the court to act; extent and range of judicial authority – |
the types of cases it may try and the amount of money involved. | |
Original |
Those actions which may be first brought or started in a specific |
court |
Court Related Boards
The following are boards which are independent of the court system yet their functions are closely related to the courts’ actions.
Foster Care Review Board
Established in 1980, the Foster Care Review Board of over 100 citizen volunteers serves as an independent, third party review system for children in foster care. The Board conducts bi-annual reviews of each child to ensure children do not languish in foster care and that efforts are made to obtain a permanent home for every child in the foster care system of Delaware. All members are appointed by the Governor, who also appoints a chairperson and five Board members as an Executive Committee. Terms are for 3 years and any vacancies are filled for the unexpired term only.
Violent Crimes Compensation Board
The Violent Crimes Compensation Board is responsible for handling requests by victims for compensation in Delaware. There are five members including a chairman and vice-chairman appointed by the Governor with the consent of the Senate for 3-year terms. The Board receives an 18% penalty assessment added onto every fine, penalty and forfeiture ($2,530,608 in 1997). The monies are deposited into the Victim's Compensation Fund.
