NCJ Number
46762
Date Published
1974
Length
18 pages
Annotation
ACHIEVEMENTS, PROBLEMS, AND RECOMMENDATIONS PERTAINING TO THE DELAWARE STATE JUDICIARY ARE PRESENTED. MAJOR EMPHASIS IS PLACED ON IMPROVEMENTS NEEDED TO ASSURE EFFICIENT AND EFFECTIVE JUSTICE DELIVERY FOR ALL.
Abstract
TO ENSURE THE DELIVERY OF PROMPT AND CERTAIN JUSTICE IN DELAWARE, THE PASSAGE OF A NUMBER OF STATE CONSTITUTIONAL AMENDMENTS PENDING IN THE GENERAL ASSEMBLY IS URGED. PASSAGE OF THESE AMENDMENT WOULD ELIMINATE TIME-CONSUMING JURY TRIALS IN SMALL CIVIL CASES AND SOME MISDEMEANORS, WOULD REDUCE THE SIZE OF JURIES, WOULD PERMIT THE ELIMINATION OF GRAND JURY PROCEEDINGS AT THE OPTION OF THE ATTORNEY GENERAL, WOULD LIMIT MULTIPLE APPEALS, WOULD ENLARGE THE SUPREME COURT WITH THE AUTHORITY TO SIT IN PANELS, AND WOULD PERMIT RETIRED CONSTITUTIONAL JUDGES TO SUPPLEMENT JUDICIAL MANPOWER RESOURCES AT SMALL COST TO THE STATE. PERIODIC REPORTS HAVE CONTINUED TO SHOW OVERCROWDING IN CORRECTIONAL CENTERS RESULTING FROM LONG WAITS BETWEEN ARREST AND DISPOSITION. CONSEQUENTLY, A GOAL FOR 1974 WILL BE TO LIMIT TO 4 MONTHS THE TIME ELAPSING BETWEEN ARREST AND TRIAL IN FELONY CASES. EFFORTS TO IMPROVE CRIMINAL JUSTICE ADMINISTRATION HAVE INCLUDED AN ANALYSIS OF STATUTES AND RULES OF COURT TO DETERMINE POSSIBLE IMPROVEMENTS, THE PROMULGATION OF THE RULE OF THE SUPREME COURT REQUIRING DATING OF OPINIONS AND ORDERS AND A RULE SETTING DEADLINES FOR THE PREPARATION OF TESTIMONY TRANSCRIPTS. A COMMITTEE HAS ALSO BEEN ESTABLISHED TO OVERHAUL THE RULES OF THE SUPREME COURT, AND A MANAGEMENT STUDY OF THE SUPREME COURT AND THE COURT ADMINISTRATOR'S OFFICE IS BEING DONE. A MAJOR NEED OF THE JUDICIARY IS THE PROVISION OF THE NECESSARY MANPOWER AND MATERIAL RESOURCES FOR EFFECTIVE AND EFFICIENT FUNCTIONING. ALTHOUGH SOME NEW FACILITIES ARE EITHER UNDER CONSTRUCTION OR LEASED, HOUSING NEEDS FOR THE JUSTICE OF THE PEACE SYSTEM REMAIN SERIOUS. THE LONG RANGE COURTS PLANNING COMMITTEE HAS BEEN WORKING FOR SEVERAL YEARS IN AN ATTEMPT TO DEVISE A SIMPLER AND MORE UNIFIED COURT SYSTEM; HOWEVER, PROGRESS HAS BEEN SLOW. THE PROBLEM OF JUDICIAL COMPENSATION HAS BECOME ACUTE IN DELAWARE, AND IN THE INTEREST OF FAIRNESS TO JUDGES IN THE STATE, SALARY INCREASES PENDING ARE URGED FOR PASSAGE. FEASIBILITY STUDIES FOR A COMPUTERIZED COURT INFORMATION SYSTEM ARE BEING UNDERTAKEN. A BRIEF OUTLINE OF CASELOADS IN THE VARIOUS DELAWARE COURTS INDICATES THE TREMENDOUS WORKLOADS THROUGHOUT THE ENTIRE SYSTEM. IT IS SUGGESTED THAT THE LONG NEGLECT OF THE JUDICIARY REQUIRES IMMEDIATE REMEDIAL ACTION IF THE ENDS OF JUSTICE ARE TO BE SERVED. A LIST OF ADDITIONAL NEEDS OF THE JUDICIARY IS ALSO PRESENTED. (JAP)