Courts in Delaware
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| More information on Delaware's state courts: |
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In Delaware, there is one federal district court, a state supreme court, and trial courts with both general and limited jurisdiction. These courts serve different purposes, which are outlined in the sections below.
Click a link for information about that court type.
The image below depicts the flow of cases through Delaware's state court system. Cases typically originate in the trial courts and can be appealed to courts higher up in the system.
Judicial selection process[edit]
- See also: Delaware judicial elections and Judicial selection in Delaware
Selection of the state court judges in Delaware relies on a variation of the Missouri Plan, or the assisted appointment method. Only the alderman's court does not employ this method. Click here to learn more.[1][2]
To read more about judicial elections in Delaware, click here.
Federal courts[edit]
The federal district court in Delaware is the United States District Court for the District of Delaware.
Appeals go to the U.S. Court of Appeals for the 3rd Circuit.
Active judges[edit]
| Judge | Appointed By | Assumed Office | Bachelors | Law |
|---|---|---|---|---|
| November 7, 2011 - |
Haverford College, 1977 |
University of California, Berkeley School of Law, 1981 |
||
| August 3, 2018 - |
University of Notre Dame, 1986 |
Duke University School of Law, 1991 |
||
| August 9, 2018 - |
Lehigh University, 1988 |
University of Pittsburgh School of Law, 1993 |
||
| September 1, 2022 - |
Millersville University of Pennsylvania, 1990 |
Villanova University School of Law, 1995 |
The list below displays the number of active judges by the party of the appointing president. It does not reflect how a judge may rule on specific cases or their own political preferences.
- Democrat appointed: 2
- Republican appointed: 2
Judicial selection[edit]
Judges who sit on the federal district courts are nominated by the president of the United States and confirmed by the United States Senate. These judges serve life terms. To read more about the judges on these courts, click here.
Bankruptcy courts[edit]
There is one federal bankruptcy court in Delaware. This court has subject-matter jurisdiction over bankruptcy cases. The federal bankruptcy court in Delaware is:
State supreme court[edit]
- See also: Delaware Supreme Court
Founded in 1951, the Delaware Supreme Court is the state's court of last resort and has five judgeships.
As of September 2021, all five judges on the court were appointed by Democratic governors.
The following judges sit on the court:
| Judge | Appointed By |
|---|---|
Trial courts[edit]
Court of chancery[edit]
- See also: Delaware Court of Chancery
The Delaware Court of Chancery is a non-trial court in Delaware. It has jurisdiction to hear and make determinations in equity cases. The court may adjudicate litigation in corporate matters, estates, land sale disputes, trusts, questions concerning real estate titles, and commercial and contractual matters generally. When issues of fact requiring a trial by jury arise, the court may refer the case to the Superior Court.[3]
Superior court[edit]
- See also: Delaware Superior Court
The Superior Court of Delaware is both a trial and intermediate appellate court in the State of Delaware. As such, it has original and appellate jurisdiction.[4]
The Superior Court has original jurisdiction over criminal and civil cases. Exceptions are equity cases, over which the Delaware Court of Chancery has jurisdiction, and domestic relations cases, which fall under the authority of the Delaware Family Court.[4]
Appeals of decisions by the Superior Court are heard by the Delaware Supreme Court.[5]
Court of Common Pleas[edit]
- See also: Delaware Court of Common Pleas
The Delaware Court of Common Pleas is a trial-level, constitutional court. The origins of common pleas courts in Delaware can be traced back to the colonial era when Delaware was still a part of Pennsylvania, and the courts were included in the 1776 state constitution.[6] Though these courts survived the initial transition into statehood, they were superseded decades later by the state superior court. The courts were resurrected in 1917 with the establishment of The Court of Common Pleas for New Castle County. Courts of similar functions were subsequently created for Kent and Sussex Counties. The three courts evolved separately until a 1973 law united them into the statewide court of common pleas. The court existed in statute until 2005, when, after a two-century hiatus, it was reintroduced into the state constitution by constitutional amendment.[7]
The court has statewide criminal jurisdiction over misdemeanors, motor vehicle offenses and preliminary hearings in felony charges. The court also has jurisdiction over civil actions in lawsuits where the amount in question (not including interest) does not exceed $75,000.00 (as of October 21, 2019), petitions for change of name, habitual offender motor vehicle hearings, and administrative appeals for the division of motor vehicles. Jury trials are available to all defendants in criminal matters but not in civil cases. The court of common pleas may also hear appeals from the Delaware Alderman's Courts and Justice of Peace Courts.[8]
There are nine judges on the court statewide. Five judges are residents of New Castle County, two Judges are residents of Kent County, and two Judges are residents of Sussex County. Judges are nominated by the Governor and confirmed by the Delaware State Senate for 12-year terms of office. The Court has two commissioners: one assigned to New Castle County and the second is assigned to Kent and Sussex Counties.[8][9]
Family court[edit]
- See also: Delaware Family Court
The Delaware Family Court has jurisdiction over all juvenile and family domestic matters such as adoption, support, custody, divorce, and guardianship.[10]
Justice of the Peace courts[edit]
- See also: Delaware Justice of the Peace Courts
The Delaware Justice of the Peace Courts are the entry-level courts in Delaware where the majority of criminal cases are first heard. They are administered by the chief justice of the Delaware Supreme Court.
The Justice of the Peace Courts have jurisdiction over civil cases involving debt, trespass, and actions to recover personal property in which the amount in controversy does not exceed $25,000. The Justice of the Peace Courts also have jurisdiction over all landlord/tenant proceedings. The courts are authorized to hear certain misdemeanors and motor vehicle cases excluding felonies and may act as committing magistrates for all crimes. Appeals of Justice of the Peace Court decisions go to the Delaware Court of Common Pleas in criminal and civil cases, while landlord/tenant possession cases may be appealed to a three-judge panel of Justices of the Peace.[11]
Alderman's court[edit]
- See also: Delaware Alderman's Courts
The Delaware Alderman's Courts are not part of the Delaware court system. They are independent entities authorized by their respective municipalities. Cases may be transferred or appealed to a state court within Delaware's court system. The jurisdiction of the Alderman's Courts is limited to minor civil matters such as misdemeanors, traffic offenses, and parking violations. Specific jurisdiction varies based on the town charter of the different municipalities. Jurisdiction is limited to town limits.[12][13]
In other states[edit]
See also[edit]
External links[edit]
Footnotes[edit]
- ↑ American Judicature Society, "Methods of Judicial Selection: Delaware," archived October 2, 2014
- ↑ American Judicature Society, "Methods of Judicial Selection: Delaware; Limited Jurisdiction Courts," archived October 2, 2014
- ↑ Delaware Courts, "Jurisdiction of the Court of Chancery," accessed March 2, 2021
- ↑ 4.0 4.1 Delaware Courts, Superior Court: About Us - Legal Jurisdiction," accessed March 2, 2021
- ↑ Cite error: Invalid
<ref>tag; no text was provided for refs namedjurisdiction - ↑ Yale Law School: The Avalon Project, "Constitution of Delaware; 1776," accessed March 2, 2021
- ↑ Delaware Courts, "Court of Common Pleas: History," accessed March 2, 2021
- ↑ 8.0 8.1 Delaware Courts, "Court of Common Pleas: Jurisdiction," accessed March 2, 2021
- ↑ Delaware State Courts, "Annual Report of the Delaware Judiciary: Alderman's Courts, 2005 (pdf)," accessed May 11, 2015
- ↑ Delaware Courts, "Mission & Jurisdiction of the Family Court," accessed March 2, 2021
- ↑ Delaware Courts, "Justice of the Peace Court: Jurisdiction," accessed March 2, 2021
- ↑ Delaware Courts, "ALDERMAN’S COURTS, State of Delaware, 2018 Annual Report Statistical Information," accessed March 2, 2021
- ↑ Annual Report of the Delaware Judiciary: Alderman's Courts, 2005
Federal courts:
Third Circuit Court of Appeals • U.S. District Court: District of Delaware • U.S. Bankruptcy Court: District of Delaware
State courts:
Delaware Supreme Court • Superior Court of Delaware • Delaware Court of Chancery • Delaware Family Court • Delaware Court of Common Pleas • Delaware Justice of the Peace Courts • Delaware Alderman's Courts
State resources:
Courts in Delaware • Delaware judicial elections • Judicial selection in Delaware
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