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    Delaware Court of Common Pleas

    From Ballotpedia - Reading time: 5 min
    Seal of the Delaware Court of Common Pleas

    The Delaware Court of Common Pleas is a trial-level, constitutional court in the state of Delaware. 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in the 1776 state constitution.[1] Though these courts survived the initial transition into statehood, they were superceded decades later by the state superior court.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 function 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.[2]

    The court is composed of nine judges and two commissioners representing the three counties of New Castle, Kent and Sussex. Five judges are from New Castle County and there are two each from Kent County and Sussex Counties. Judges are selected by the governor with the approval of the state senate and serve 12-year terms. The two commissioners are authorized to accept pleas, handle preliminary hearings and a variety of "other non case-dispositive matters." [3] One commissioner is assigned to New Castle and the second is shared by the other two counties.[4]

    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) is $50,000.00 or less, petitions for change of name, habitual offender motor vehicle hearings and administrative appeals for the division of motor vehicles. Jury trial is available to all defendants in criminal matters but not for civil cases.[5] The court of common pleas may also hear appeals from the Delaware Alderman's Courts and Justice of Peace Courts. The court is organized into three main "problem-solving" divisions dedicated to drug diversion, community dispute resolution and mental health.[5][6]

    Mission[edit]

    Mission Statement of the Delaware Court of Common Pleas
    “ The mission of the Delaware Court of Common Pleas is to provide a neutral forum for the people and institutions of Delaware, in the resolution of everyday problems, disputes, and more complex legal matters in a fair, professional, efficient, and practical manner.[7] ”
    —Delaware Court of Common Pleas[3]

    Judges[edit]

    Chief Judge of the Delaware Court of Common Pleas Alex J. Smalls

    New Castle County Judicial Officers[edit]

    Kent County Judicial Officers[edit]

    Sussex County Judicial Officers[edit]

    Commissioners[edit]

    • Commissioner Gregory Babowal
    • Commissioner Emily Ferrell
    • Commissioner Donald R. Bucklin[8]

    Judicial selection[edit]

    Click here to view larger-scale image of the Delaware Courts Organizational Chart as of May 2015.

    Each judge, including the chief judge, is appointed by the Governor of Delaware and subject to confirmation by the Delaware Senate. No more than a simple majority of judges may be from the same political party. Terms last 12 years.[9] The two commissioners are likewise appointed, but instead of 12-year terms, their terms last either four years (if it is a first term) or six years (for all subsequent terms).[4]

    Qualifications[edit]

    To be nominated for the Delaware Court of Common Pleas, a judge must:

    • be a citizen of Delaware
    • have practiced law in Delaware for at least five years

    Jurisdiction[edit]

    Criminal Jurisdiction[edit]

    • All Misdemeanors (except certain drug offenses)
    • Motor Vehicle Offenses
    • Preliminary Hearings in Felony Charges
    • Appeals of Criminal Matters from the Justice of the Peace Courts
    • Appeals of Criminal Matters from Alderman's Courts[5]

    Note: jury trial election available

    Civil Jurisdiction[edit]

    • Lawsuits where the amount in controversy does not exceed $50,000.00
    • Change of Name Petitions
    • Habitual Offender Motor Vehicle Hearings
    • Administrative Appeals from the Division of Motor Vehicles
    • Appeals of Civil Lawsuits from the Justice of the Peace Courts[5]

    Note: jury trial election not available

    State profile[edit]

    Demographic data for Delaware
     DelawareU.S.
    Total population:944,076316,515,021
    Land area (sq mi):1,9493,531,905
    Race and ethnicity**
    White:69.4%73.6%
    Black/African American:21.6%12.6%
    Asian:3.6%5.1%
    Native American:0.3%0.8%
    Pacific Islander:0%0.2%
    Two or more:2.7%3%
    Hispanic/Latino:8.7%17.1%
    Education
    High school graduation rate:88.4%86.7%
    College graduation rate:30%29.8%
    Income
    Median household income:$60,509$53,889
    Persons below poverty level:13.9%11.3%
    Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015)
    Click here for more information on the 2020 census and here for more on its impact on the redistricting process in Delaware.
    **Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here.

    Presidential voting pattern[edit]

    See also: Presidential voting trends in Delaware

    Delaware voted for the Democratic candidate in all six presidential elections between 2000 and 2020.

    Pivot Counties (2016)

    Ballotpedia identified 206 counties that voted for Donald Trump (R) in 2016 after voting for Barack Obama (D) in 2008 and 2012. Collectively, Trump won these Pivot Counties by more than 580,000 votes. Of these 206 counties, one is located in Delaware, accounting for 0.5 percent of the total pivot counties.[10] As of May 2017, eight state House districts and five state Senate districts intersected with a Pivot County in Delaware. The state has one at-large congressional district.

    Pivot Counties (2020)

    In 2020, Ballotpedia re-examined the 206 Pivot Counties to view their voting patterns following that year's presidential election. Ballotpedia defined those won by Trump won as Retained Pivot Counties and those won by Joe Biden (D) as Boomerang Pivot Counties. Nationwide, there were 181 Retained Pivot Counties and 25 Boomerang Pivot Counties. Delaware had one Boomerang Pivot County, 4.00% of all Boomerang Pivot Counties.

    More Delaware coverage on Ballotpedia

    Recent news[edit]

    The link below is to the most recent stories in a Google news search for the terms Delaware Court of Common Pleas. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

    Delaware Court of Common Pleas - Google News

    See also[edit]

    External links[edit]

    Footnotes[edit]

    1. ↑ Yale Law School: The Avalon Project, "Constitution of Delaware; 1776," accessed May 18, 2015
    2. ↑ Delaware State Courts, "Court of Common Pleas: History," accessed May 11, 2015
    3. ↑ 3.0 3.1 Delaware State Courts, "Delaware Court of Common Pleas Home," accessed May 11, 2015
    4. ↑ 4.0 4.1 Delaware State Courts, "Chapter 5, The Judiciary (pdf)," accessed May 18, 2015
    5. ↑ 5.0 5.1 5.2 5.3 Delaware State Courts, "Court of Common Pleas: Jurisdiction," accessed May 11, 2015
    6. ↑ Delaware State Courts, "Annual Report of the Delaware Judiciary: Alderman's Courts, 2005 (pdf)," accessed May 11, 2015
    7. ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
    8. ↑ Delaware Courts, "Judicial Officers," accessed June 30, 2022
    9. ↑ Delaware State Courts, "Judicial Officers," accessed May 11, 2015
    10. ↑ The raw data for this study was provided by Dave Leip of Atlas of U.S. Presidential Elections.

    Delaware courts

    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

    Licensed under CC BY-SA 3.0 | Original source: https://ballotpedia.org/Delaware_Court_of_Common_Pleas
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