NCJ Number
54953
Date Published
1977
Length
78 pages
Annotation
THIS REPORT, ONE IN A SERIES CONTAINING PROFILES OF NONFEDERAL COURT SYSTEMS, DESCRIBES THE ORGANIZATION OF STATE COURTS IN DELAWARE.
Abstract
THE DELAWARE CONSTITUTION VESTS JUDICIAL POWER IN A SUPREME COURT, A SUPERIOR COURT, A COURT OF CHANCERY, JUSTICE OF THE PEACE COURTS, AND OTHER COURTS AS ESTABLISHED BY LAW. A FAMILY COURT, A COURT OF COMMON PLEAS, AND THE MUNICIPAL COURT IN WILMINGTON HAVE BEEN CREATED BY STATUTE. ALDERMANS' COURTS HAVE BEEN ESTABLISHED BY TOWN CHARTERS. THE SUPREME COURT IS THE COURT OF LAST RESORT. THE SUPERIOR COURT AND THE COURT OF THE CHANCERY ARE COURTS OF GENERAL JURISDICTION. THE SUPERIOR COURT HAS ORIGINAL JURISDICTION IN CIVIL CASES AT COMMON LAW AND IN CASES INVOLVING ADULT FELONIES, ADOPTIONS, AND THE TERMINATON OF PARENTAL RIGHTS. THE COURT OF CHANCERY HAS JURISDICTION IN EQUITY CASES, WITH MOST LITIGATION INVOLVING CORPORATE MATTERS AND CONTRACTUAL DISPUTES. THE FAMILY COURT HAS STATEWIDE JURISDICTION OVER GENERAL JUVENILE MATTERS, FAMILY DISPUTES, AND PETITIONS FOR DIVORCE AND ANNULMENT. THE COURT OF COMMON PLEAS IS CONCERNED WITH CIVIL MATTERS INVOLING LESS THAN $5,000 AND MISDEMEANORS NOT INVOLVING DRUGS. THE MUNICIPAL COURT IN WILMINGTON IS RESPONSIBLE FOR TRAFFIC AND MUNICIPAL ORDINANCE VIOLATIONS AND FOR MISDEMEANORS. JUSTICE OF THE PEACE COURTS HAVE CIVIL JURISDICTION IN CASES INVOLVING LESS THAN $1,500 AND CRIMINAL JURISDICTION OVER MINOR MISDEMEANORS AND NONFELONIOUS MOTOR VEHICLE CASES. ALDERMANS' COURTS HAVE JURISDICTION OVER MINOR MISDEMEANORS AND TRAFFIC VIOLATIONS. PROCEDURES PERTAINING TO THE FOLLOWING AREAS HAVE BEEN ESTABLISHED: THE QUALIFICATIONS, SELECTION, AND TERMS OF THE JUDICIARY; THE DISCIPLINE AND REMOVAL OF JUDGES; COMPENSATION; RETIREMENT AGE AND ACTIVE SERVICE; CONTINUING EDUCATION; AND THE USE OF PARAJUDICIAL OFFICERS. THE CHIEF JUSTICE OF THE SUPREME COURT HEADS ALL COURTS IN THE STATE AND HAS GENERAL ADMINISTRATIVE AND SUPERVISORY POWERS OVER ALL COURTS. THE SUPREME COURT IS THE POLICYMAKING AUTHORITY FOR ALL COURTS, BUT EACH COURT IS EMPOWERED TO MAKE RULES FOR PRACTICES AND PROCEDURES. THE DETAILED PROFILE OF THE COURT SYSTEM CONCERNS THE COURT OF LAST RESORT, THE INTERMEDIATE APPELLATE COURT, THE TRIAL COURT OF GENERAL JURISDICTION, TRIAL COURTS OF LIMITED JURISDICTION, JUDGES, PARAJUDICIAL OFFICERS, NONJUDICIAL PERSONNEL SYSTEM, JUDICIAL POLICYMAKING AND ADVISORY BODIES, COURT ADMINISTRATION, COURT FINANCING, AND COURT RECORDS AND STATISTICS. SOURCES OF INFORMATION USED TO PREPARE THE PROFILE ARE LISTED. ORGANIZATIONAL CHARTS OF THE COURT SYSTEM ARE INCLUDED. DATA ON SIMILARITIES BETWEEN THE DELAWARE COURT SYSTEM AND AMERICAN BAR ASSOCIATION STANDARDS RELATING TO COURT ORGANIZATION ARE PROVIDED. (DEP)