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Superior Court
News Archives
 COURT NEWS 2006 - present
COURT NEWS 2005 - 1999 |
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October 8, 2011—Superior Court Judge Slights at The Sedona Conference®
Judge Joseph R. Slights III participated as a panelist at the 2011 Annual Meeting of "The Sedona Conference® Working Group On Electronic Document Retention & Production," in Austin, Texas, October 6-7, 2011.
The meeting addressed the adequacy of State and Federal Rules of Civil Procedure in dealing with the burden and responsibility of retaining electronically stored data both pre and post litigation.
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September 25, 2011—Superior Court Judge Slights at American Law Institute Meeting
Judge Joseph R. Slights III participated in the September 23, 2011 Members Consultative Group Meeting for the American Law Institute’s Project to draft a Restatement (Third) Torts: Liability for Economic Harm, held at the ALI headquarters in Philadelphia, Pennsylvania.
This project will focus on torts that involve economic loss, or pecuniary harm not resulting from physical harm or physical contact to a person or property. The project will update coverage of economic torts in Restatement Second, Torts and address some topics not covered in prior Restatements.
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June 16, 2011—Superior Court Adopts a Bench-Bar Liaison Program
The Program was adopted June 2, 2011 and establishes 2 volunteer liaison positions in each county; 1 civil and 1 criminal liaison. The liaisons serve at the pleasure of the Superior Court and act as intermediaries between the Court practitioners and the Resident Judge or appointed Liaison Judge for each county.
The liaisons are a point of contact to address issues between practitioners and the Court. Practitioners’ communications with the liaisons will remain confidential unless the practitioner agrees otherwise, and communications originating from the Court will be confidential among the practitioners involved. View Administrative Directive 2011-5 >>
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June 14, 2011—New Kent County Courthouse Opening Celebration Held
The long anticipated new Kent County Courthouse opening ceremonies were held today. But in reality, the Superior Court officially opened for Court business on June 6 in the newly built Kent County Courthouse at 414 Federal Street in Dover, Delaware.
Kent County Superior Court Resident Judge William L. Witham Jr. coordinated and oversaw the courthouse opening ceremony; in attendance at the event were judicial officers, attorneys, government leaders and other dignitaries.
Both Superior Court President Judge James T. Vaughn Jr. and Kent County Resident Judge William L. Witham Jr. spoke at the ceremony.
Now, the renovation of the historic courthouse has begun; its 14-month renovation, or Phase 2, will complete the project.
MORE >>
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May 1, 2011—Complex Civil Litigation Division Panel Expanded
Effective May 1, President Judge James T. Vaughn Jr. announced that Judge Mary M. Johnston will join the Court's Complex Civil Litigation Division Panel (CCLD). View Administrative Directive >>
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May 1, 2011—Governor Presents Mental Health Court Excellence Award
Governor Jack A. Markell presented the Superior Court New Castle County Mental Health Court Team with Excellence Awards.
The Mental Health Court Team is the 2010 recipient of the prestigious Governor’s Team Excellence Award. The annual award recognizes teamwork to produce superior customer service and tangible results.
The team consists of staff from Health & Social Services, Treatment Access Center (TASC), Department of Correction, Probation and Parole, Public Defender, Department of Justice, University of Delaware and Superior Court.
“This team has shown exemplary efforts in finding efficiencies and extending better services to Delawareans in need,” said Governor Markell. “The team found ways to save money and provide self sufficiency for a special population of people that needed help.” MORE >>
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May 16, 2011—Superior Court Expands E-Filing To Civil Appeals
In 1991 when Delaware became the first state court in the nation to implement electronic filing Superior Court announced that the system would eventually apply to all civil filings.
Administrative Directive 2001-4 now expands the use of efiling to all cases filed as civil appeals to take further advantage of electronic filing speed, efficiency, storage and cost savings.
Effective July 1, 2011, all Civil Appeals from Boards, Agencies, Commissions and Courts, including Certioraris, filed with the Prothonotary in any county shall be filed electronically using the LexisNexis File & Serve eFiling system provided that a paper copy of the certified record and evidence of the proceedings below must be filed. An electronic copy of those documents is not required.
Superior Court has direct experience with eFiling through LexisNexis File & Serve with the speed, efficiency, storage savings and cost savings that electronic filing provides the Court, counsel and litigants. View Administrative Directive >>
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May 1, 2011—Complex Civil Litigation Division Panel Expanded
Effective May 1, President Judge James T. Vaughn Jr. announced that Judge Mary M. Johnston will join the Court's Complex Civil Litigation Division Panel (CCLD). View Administrative Directive >>
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February 18, 2011—Kent County’s First Veteran Treatment Court
Superior Court held the first session of the Diversionary Veteran’s Treatment Court. The Veteran’s Court involves the Delaware Superior Court, Department of Veteran’s Affairs, Department of Justice, Office of Public Defender and the Treatment Access Center. Resident Judge William L. Witham Jr. who oversees the Veteran’s Court thanked the project’s partners for their dedication in assisting justice-involved veterans.
The goal of Veteran’s Court is to divert veterans with mental illness who are charged with nonviolent felonies and misdemeanor crimes away from jail and into rehabilitative programs. Veterans in the program must attend regular court status conferences, participate in the development of their treatment plans, and engage in community groups as required. After completion of the program, prosecution for the offense will not proceed and the charges will be dismissed. View Full Press Release >>
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February 1, 2011—Residential Mortgage Foreclosure Mediation Program Modified—Effective February 1, 2011; Administrative Directive 2011-2 replaces the previous Administrative Directive. View Administrative Directive >>
Superior Court Administrative Directive 2011-2 issued by President Judge James T. Vaughn Jr. made modifications to the joint Court/State residential mortgage foreclosure mediation program, created in September 2009. It doubles the amount of time a homeowner facing foreclosure can enter into the mediation program from 15 to 30 days. The program provides assistance to homeowners and lenders through mediation to negotiate possible alternatives to foreclosure.
“The Superior Court continues to fully support the Residential Mortgage Foreclosure Mediation Program,” Judge Vaughn said. “When the program was created, we were aware that changes may be needed to improve it. The changes now recommended by the committee do that and the decision to approve them was an easy one for the Court. The program continues to be committed to give homeowners the opportunity to negotiate an alternative to foreclosure, without affecting substantial rights of lenders.”
According to Community Legal Aid Society, since the program’s inception in September 2009 through June 30, 2010, 100 homeowners have qualified for the mediation program. Seven have worked out agreements to avoid losing their homes, while another 18 have reached an agreement outside the program. Another 31 homeowners have agreed to continue the mediation so the parties can collect and exchange additional information. The parties often exchange the information prior to the next mediation and resolve the matter outside the mediation program. View Delaware House of Representatives Press Release >>
 Amended Date, Page 7, No. 13: "This First Amended Administrative Directive shall apply to all mortgage foreclosure actions within its scope filed on or after February 1, 2011; actions filed before February 1, 2011 but on or after September 15, 2009 shall be controlled by the original Administrative Directive, 2009-3."
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January 5, 2011—Mental Health Court Team Receives Excellence Award
Superior Court’s New Castle County Mental Health Court Team is the 2010 recipient of the Governor’s Team Excellence Award. This annual award recognizes teamwork to produce superior customer service and tangible results.
Mental Health Court’s team consists of employees from the Department of Health and Social Services/Treatment Access Center (TASC), Department of Correction/Office of Probation and Parole, Office of the Public Defender, Department of Justice, University of Delaware and Superior Court.
The team developed the first felony mental health court in Delaware using an innovative and comprehensive approach toward treatment and supervision of mentally ill probationers. Through this team’s efforts, Delaware saved almost $90,000 and identified new treatment, case management and mental health services for participants in the program.
“This team has shown exemplary efforts in finding efficiencies and extending better services to Delawareans in need,” said Governor Markell. “The team found ways to save money and provide self sufficiency for a special population of people that needed help.”
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November 24, 2010—American Law Institute Elects Judge Slights a Member
Superior Court Judge Joseph R. Slights III has been elected as an American Law Institute member. The American Law Institute has been the leading independent organization in the U.S. for 85 years producing scholarly work to clarify, modernize, and otherwise improve the law.
Its distinguished members have the opportunity to influence the development of the law in both existing and emerging areas, to work with other eminent lawyers, judges, and academics, to give back to a profession to which they are deeply dedicated, and to contribute to the public good.
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November 24, 2010—Superior Court's Judge Slights Panelist at e-Discovery Institute
Judge Joseph R. Slights III was on two panels at the 7th Annual Advanced E-Discovery Institute in Arlington, Virginia on November 18 – 19, 2010. The Institute focused issues in today’s legal climate with leading experts in the e-discovery field including more judicial speakers than any other e-discovery CLE program.
The panels were: ESI in Criminal Proceedings in high-stakes criminal investigations that present unique challenges and risks not faced in civil litigation; and the Judicial Roundtable discussion among leading judges in the field of e-discovery.
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November 23, 2010—American Judicature Society Appoints Judge Slights to Committees
Superior Court Judge Joseph R Slights III has been appointed to two American Judicature Society Committee: Carpenter Jury Center Advisory and the Editorial. The American Judicature Society is an independent, national, nonpartisan organization of judges, lawyers, and other members of the public who seek to improve the justice system. Its mission is to secure and promote an independent and qualified judiciary and fair system of justice.
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November 15, 2010—Superior Court's Resident Judge Witham Receives Award
In celebration of the 1787 signing of the United States Constitution Resident Judge William L. Witham Jr. was presented with Sons of the American Revolution’s Silver Good Citizenship Award by the Caesar Rodney Chapter at its Annual Delaware Society Constitution Day event on September 18, 2010.
Judge Witham was also the event’s featured speaker. He spoke on the Declaration of Independence and its impact upon the shaping of the United States Constitution. View newsletter >>
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November 12, 2010—Superior Court eFile Proper Procedures Information Guidelines Update for 2010 Available. View eFile Proper Procedures >>
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September 9, 2010—Delaware has been awarded a $200,000 competitive grant from BJA for Drug Court Enhancement.
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September 8, 2010—Judge Carpenter Elected Vice-Chair of the National Conference of State Trial Judges
Judge William C. Carpenter Jr. has been elected vice-chair of the National Conference of State Trial Judges. The Conference is part of the ABA Judicial Division, and is the oldest, largest and most prestigious organization in the world representing the interests of state trial judges.
It is expected that Judge Carpenter will become Chairman of the National Conference in August of 2012. Judge Carpenter also serves as co-chair of the Judicial Division Membership Committee that serves nearly 4000 judicial members.
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August 9, 2010—Superior Court Amends Civil Rule 77 & Civil Rule 4(f)
Effective August 9, 2010, Civil Rule 77, Miscellaneous Services Fees is amended pertaining to fees for notarized and certified documents. View Amended Rule >>
Effective August 5, 2010 Civil Rule 4(f), Ejectment is amended to add a new 4(f)(5) and renumber 4(f)(5) as 4(f)(6). View Amended Rule >>
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August 5, 2010—Seoul Metropolitan Officers Visit Superior Court
Three officers from the Seoul Metropolitan Police Agency, Republic of Korea visited Superior Court Chambers and viewed a trial. Senior Inspector Ik Joon Oh, Chief of Behavioral Science Team, Inspector Juhyung Park, Team Leader, and Assistant Inspector Seung Hun Lee, of the Fire and Explosion Investigation at the Forensic Division, visited as part of a program to promote international networking and collaboration in fighting global terrorism and international organized crime. The officers return to the Republic of Korea on August 20, 2010.
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April 27, 2010—New Complex Commercial Litigation Division Created
Delaware, in the forefront of business litigation, has added another venue to handle complex commercial and business litigation cases. Effective May 1, 2010, the Superior Court of Delaware for New Castle County launched a newly created Complex Commercial Litigation Division (CCLD) to improve upon the Court’s administrative handling of complex commercial and business cases.
Commercial, business and other designated cases may be assigned to the CCLD when the controversy amount is $1 million or greater (designated for either jury or non-jury), or involves an exclusive choice of court agreement, or is designated by the President Judge for assignment as a CCLD case. The cases will be specifically assigned to a judge on the Complex Commercial Litigation Division Judge's Panel. View CCLD Administrative Directives >>
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April 22, 2010—Study Ranks Delaware Superior Court No. 1 Again
A newly released national survey ranks Delaware’s litigation environment first in the country for fairness.
The survey, Lawsuit Climate 2010: Ranking the States by the U.S. Chamber Institute for Legal Reform, shows that Delaware has again led the other 49 states to be ranked number one as it has done since the survey was first conducted in 2002. View complete study >>
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December 29, 2009—Mental Health Court Team Nominated for Governor's Award
The Governor’s Team Excellence Awards encourage teamwork by recognizing groups of state employees who use continuous quality improvement tools and excel in leadership, team dynamics and communication to produce superior customer service and tangible results. This year, 12 teams, representing the efforts of 170 state employees, were nominated for the award.
Our Mental Health Court team includes Superior Court staff and personnel from the Department of Justice, the Office of the Public Defender, the Office of Probation and Parole, the Department of Correction, the Treatment Access Center (TASC), and the Division of Vocational Rehabilitation.
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December 10, 2009—Judgments Cases Designated for e-Filing
Superior Court Administrative Directive 2009-4 designates Judgments Cases for e-Filing.
Effective January 1, 2010, all judgment cases filed with the Prothonotary in any county shall be filed electronically using the LexisNexis File & Serve™ eFiling system.
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December 1, 2009—Trade Names Online Database
Superior Court launched an online Trade, Business & Fictitious Names database. The new browser-based database is available for the public to search the active, registered Trade, Business and Fictitious Names to determine that they are registering a unique name.
The registration of Trade, Business and Fictitious Names with the Court is required to engage in any business within the limits of the State of Delaware.
Since the applicant bears the responsibility for determining whether there is an existing business or organization using the same fictitious name, this new Court initiative will make the registration process available without coming to the courthouse.
The new database is enhanced with an online ‘How to Register,’ complete instructions, and interactive online forms.
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November 16, 2009—President
Judge Releases 2009 Annual Report
President
Judge James T. Vaughn Jr. has released Superior Court's fiscal year
’s statewide civil case load witnessed a 39% rise in mortgage foreclosures and liens. The number of judgments filed went up 9% in New Castle County, and the number of judgments executed went up by 12%. Statewide, the aggregate number of new civil cases filed was up seven per cent. On the criminal side this year, statewide, there were 8,898 cases filed; with 51 murder cases, up 11% from last year. Seventy-seven per cent of these 51 murder cases are pending in New Castle County.
The Court continues to develop new specialized programs such as the Mental Health Court and the Residential Mortgage Foreclosure Mediation Program, expand existing projects such as Project Rightful Owner, and add additional online services such as iCourtClerk™ and online Trade Names to provide superior service to meet ever changing needs. Read
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November 13, 2009—Judge Slights Participant in Complex Case & e-Discovery Panels
Judge Joseph R. Slights III was a panel participant discussing Managing the Complicated Case at the Fifth Annual Meeting of the American College of Business Court Judges on November 10, 2009 in Chicago, Illinois.
At the November 13, 2009 Advanced e-Discovery Institute at Georgetown University Law School in Washington, D.C., Judge Slights participated on two panels, the Federal Rules of Evidence 502 in Practice: The First Year in Review and Controlling e-Discovery Costs in Smaller Stakes Litigation.
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October 12, 2009—Superior Court Completes Implementation of New Civil System
Superior Court completed statewide implementation of the new Contexte civil case management system on October 5, 2009. New Castle and Kent Counties implemented the civil system introduced earlier this year in Sussex County Superior Court.
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September 10, 2009—Residential Mortgage Foreclosure Mediation Program Launched
Governor Jack A. Markell joined President Judge James T. Vaughn Jr. and members of the Mediation Program Steering Committee at the New Castle County Courthouse to officially launch the Residential Mortgage Foreclosure Mediation Program.
The program provides a mechanism by which homeowners can elect to participate in a court mediation process with their lender to find a mutually agreeable alternative to foreclosure action. View
>>
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September 9, 2009—Judges Carpenter and Scott Elected to NCSTJ Leadership Roles
At the American Bar Association meeting, July 30 - August 2, 2009, Judge William C. Carpenter Jr. was elected secretary of the National Conference of State Trial Judges (NCSTJ). Judge Carpenter will also serve as Chairman of the Judicial Division Membership Committee that serves nearly 4000 judicial members.
Judge Calvin L. Scott Jr.was elected to a two-year term on the National Conference of State Trial Judges Executive Committee. He will also serve as Chair of the Conference's By-Laws Committee.
The NCSTJ, part of the ABA Judicial Division, is the oldest, largest and most prestigious organization in the world representing the interests of state trial judges. This past year it marked its 50th anniversary.
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September 10, 2009—State and Superior Court Launch New Program to Help Homeowners Facing Foreclosure
Governor Jack A. Markell joined President Judge James T. Vaughn Jr. and members of the Mediation Program Steering Committee at the New Castle County Courthouse to announce Administrative Directive 2009-3 to establish the Residential Mortgage Foreclosure Mediation Program.
The program provides a mechanism by which homeowners can elect to participate in a court mediation process with their lender to find a mutually agreeable alternative to foreclosure action.
Governor Markell commented, “This program is the direct result of yet another great example of state agencies, legislators, attorneys, lenders, bankers, housing counselors, nonprofits, advocates, and other stakeholders coming together to find creative ways to help Delaware’s families keep their homes. So many families facing foreclosure did everything right. They played by the rules, they worked hard, but fell victim to the national recession. Helping them stay in their homes is good for our economy and good for Delaware's families. Delaware is a state of neighbors. When we see a problem, we come together to solve it."
President Judge Vaughn remarked, “The residential mortgage foreclosure mediation program which has been adopted by the Court represents the work of both lenders and homeowners. With the assistance of housing counselors, the program gives homeowners an opportunity to negotiate an alternative to foreclosure, without affecting substantial rights of lenders.” For More Details Visit Delaware Foreclosure Help.
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August 31, 2009—Residential Mortgage Foreclosure Mediation Program Directive
President Judge James T. Vaughn Jr. announced the Superior Court's new Residential Mortgage Foreclosure Mediation Program with the publication if Administrative Directive No. 2009-3.
President Judge Vaughn explained that "representatives of both lenders and homeowners worked together to develop the mortgage mediation program which has been adopted in the Administrative Directive. It is designed to give homeowners an opportunity to negotiate an alternative to foreclosure, with the assistance of housing counselors, without affecting substantial rights of lenders."
This Administrative Directive applies to all mortgage foreclosure actions within its scope filed on or after September 15, 2009.
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August 26, 2009—Mental Health Court Gets $347,000 Byrne Grant
Superior Court’s Mental Health Court, the first felony mental health court in Delaware, has been awarded $347,000 from the Byrne Grant Stimulus Funds announced President Judge James T. Vaughn Jr. “This funding will allow Superior Court’s Mental Health Court Program, and its case management, to be expanded to all three counties.”
Mental Health Court which began in New Castle County (April 2008) is a collaborative mental health court project designed to identify persons involved in the criminal justice system as a result of serious mental health issues.
It provides them with intensive services and support to guide them to recovery and self sufficiency as an alternative to repeated incarceration for violations of probation or commission of new offenses.
The Court strives to provide necessary wrap-around services to reduce the number of days in prison and psychiatric hospitals for individuals with mental health issues, thereby reducing recidivism, improving public safety, and achieving cost savings.
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August 13, 2009—Mediation Training Directive Published
Effective August 13, 2009, Administrative Directive 2009-2 is published regarding Superior Court Mediation Training.
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August 10, 2009—Jury Commissioners Eliminated; Saves $15,000 Yearly.
Six outdated jury commissioner positions were eliminated from the court system when House Bill 151 was signed by Governor Jack Markell..
Jury commissioners used to be responsible for insuring that a random, fair cross-section of Delawareans were called for jury service. However, this work is now done by a computer program handled by the Superior Court Jury Services staff. The Court's computerized process is designed to insure that jury pools are randomly selected and reflect Delaware's population.
The legislation "will save the State $15,000 in unnecessary expense," said President Judge James T. Vaughn Jr. "Through the Court's computerized jury selection process, the court [Jury Services] staff generates a random selection of jurors and ensures Delawareans get a jury of their peers."
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July 15-17, 2009—Judge Jurden Attends National Mental Health Court Training Event
Judge Jan R. Jurden attended the Bureau of Justice Assistance (BJA) / The Council of State Governments Justice Center's National Technical Assistance and Training Event, Smart Responses in Tough Times: Achieving Better Outcomes for People with Mental Illnesses Involved in the Criminal Justice System in Washington D.C. on a BJA scholarship. Attendees came from all over the country, representing courts, corrections, community treatment organizations, police, legislatures, and charitable foundations.
Training Event Presentations included sessions on Veterans courts, data collection to assess mental health courts cost effectiveness and effectiveness in reducing recidivism, improving public safety, and saving money through reduced jail/prison time, information sharing, collaboration between agencies, i.e., courts, police, corrections, integrating employment strategies into criminal justice programs, pretrial diversion opportunities, prioritizing populations with co-occurring disorders, and addressing homeless populations, among others. Read Superior Court Mental Health Court Info >>
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July 1, 2009—Project Rightful Owner A Success
Superior Court’s Project Rightful Owner launched in May 2007 has disbursed nearly $3.5 million of the excess proceeds from Sheriff's sales as of June 2009.
Excess proceeds arise when the value of the property, at the time of sale, exceeds the amount of money needed to pay off all recorded liens and mortgages. View
>>
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May 11, 2009—Superior Court Launches iCourtClerk™
Superior Court launches iCourtClerk™ a new Superior Court Internet initiative to assist our users with a Web-based Answer Desk. This service is provided for those who choose Internet communications as their primary communication tool and who cannot find the information they need through online searches or our Quick Connect or Quick Find Index. Read More >>
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February
26, 2009—Judge Jurden Honored with Sylvia H. Rambo Award
Judge Jan R. Jurden was the recipient of 2009 Sylvia H. Rambo Award presented by the Women's Law Caucus of Pennsylvania State University and Dickinson School of Law. The Women's Law Caucus (WLC) honors a female in the legal profession who has had a distinguished career and who, by example, has made the professional success of other women more likely. The judge is the fifteenth recipient of this prestigious award.
Judge Jurden has served on the Superior Court of Delaware since her appointment in May 2001. She is a graduate of the Dickinson School of Law, and previously was a partner with the Delaware law firm, Young, Conaway, Stargatt & Taylor.
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November
12, 2008—Delaware Bar Presents Awards
Judge Richard F. Stokes received the 2008 Distinguished Mentoring Award from the Delaware State Bar Association on October 22, 2008 at the Hotel
du Pont. The award recognizes a Delaware lawyer or judge who serves as
an inspiration in striving for and maintaining the highest standards in
their professional careers and community involvement.
Master Daniel M. Kristol received the Outstanding Service to the Courts
and Bar Award for substantially assisting the courts and Bar.
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November
10, 2008—Mortgage Foreclosure Dormant Docket Created After
30% Rise
Effective October 27, Administrative
Directive 2008-3 creates a mortgage foreclosure dormant docket. Mortgage
foreclosures rose 30% in fiscal year 2008 and the process of negotiating
and performing such agreements may exceed the period during which pending
actions may be inactive. At any time after a mortgage foreclosure complaint
is served and the time for filing of answers by all defendants has passed,
the plaintiff may request that the action be moved from the active docket
to the mortgage foreclosure dormant docket. Any party may request that
the action be moved back to the active docket. This Directive shall apply
to all mortgage foreclosure actions now pending or hereafter filed and
will expire after five years, unless extended, or unless sooner rescinded. Read
Complete Directive >>
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October 15, 2008—President
Judge Releases 2008 Annual Report
President
Judge James T. Vaughn Jr. has released Superior Court's fiscal year
2008 Annual Report. Highlights include being recognized for the 7th
consecutive year as the premier court of general jurisdiction in the
country in the State Liability Systems Ranking Study, a 1% increase
in filings over the previous year and a 5% increase in dispositions. Read
>>
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October
2, 2008—Judges Have Key Roles In NCSTJ
The American Bar Association's
annual meeting in New York City marked the official 50th anniversary kickoff
celebration of the National
Conference of State Trial Judges (NCSTJ). Judge
William C. Carpenter Jr. and Judge
Calvin L. Scott were delegates to the conference.
The
celebration began with a CLE program regarding the changes experienced
by judges over the past 50 years including innovations in technology,
the emergence of collaborative courts to address the unique social and
criminal justice issues and the advancement of scientific issues in the
courtroom. Events celebrating the 50th anniversary will continue throughout
the year.
Judge Carpenter was recognized for his two years of service on the conference's
executive board. He will continue this upcoming year as chair
of the Judicial Division Membership Committee. The most significant
action taken at the NCSTJ business meeting was the approval of by-laws
amendments. Judge Scott served as a member of the by-laws committee that
recommended the changes. Full
Story >>
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September
19, 2008—Superior Court Names Judge Jurden to Task Force
Judge
Jan R. Jurden has been named Superior Court's representative to Delaware's
Task Force for the Chief
Justices' Criminal Justice/Mental Health Leadership Initiative by President
Judge James T. Vaughn Jr.
The Council of State Governments (CSG) Justice Center selected Delaware
as one of 4 states to participate in the national project. The project's
mission is to improve responses to people with mental illnesses who are
involved in the justice system. Funding and technical assistance will
be provided by 2 nonprofits, the CSG
Justice Center and the National
GAINS Center.
For Superior Court the Initiative will build upon our existing pilot Mental
Health Court, started in early 2008 that Judge Jurden initiated and oversees. Read
More >>
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August
21, 2008—Superior Court Welcomes New Judge
President
Judge James T. Vaughn Jr. administered the oath of office to Superior
Court's new Judge for New Castle County, John A. Parkins Jr. The investiture
was held in Courtroom 8B of the New Castle County Courthouse.
The oath of office was followed by remarks from Governor Ruth Ann Minner,
Chief Justice Myron T. Steele, and William J. Wade, Esq.
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August
4, 2008—Superior Court Welcomes New Commissioner
President
Judge James T. Vaughn Jr. administered the oath of office to Superior
Court's new Commissioner for New Castle County, Lynne
M. Parker, on July 24, 2008. Lynne's investiture was held in Courtroom
8B of the New Castle County Courthouse.
Judge Vaughn opened the court followed by her children, Samuel (6 ½
years old) and Tia (4 years old), leading the Pledge of Allegiance. The
children then held the Bible while the oath was administered. Her parents,
Jacob and Joy Parker, assisted in the robing ceremony. Judge
Joseph R. Slights III and Lynne's husband, Charles M. Oberly III spoke,
followed by the Commissioner's remarks. A reception followed and a good
time was had by all!
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June
2, 2008—Sussex County Superior Court Moves to New System
Sussex County Superior Court was the first of the three counties to implement
the new statewide Contexte civil case management system. The new
case management system is a typical user-friendly Windows-type application.
It incorporates Civil case management, accounting, e-filing, document
management, and a public access component.
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May
6, 2008—History of Delaware's Business Courts Article
Published
Judge
Joseph R. Slights III co-authored the newly published article "The History of Delaware's Business Courts," Business
Law Today, Vol. 17, No. 4, March / April 2008 with Vice Chancellor
Donald F. Parsons Jr. The authors write that "both the Delaware Court
of Chancery and Superior Court demonstrate a commitment to excellence
in adjudication of business disputes that attracts litigants from around
the country, including the nation's leading corporations." "Delaware
is the forum of choice for resolving complex business and commercial issues,
in part, because the judiciary focuses so actively on fairness, efficiency
and expertise in corporate law and related business matters. As a result,
businesses that choose to incorporate in Delaware enjoy the benefit of
a reliable and consistent body of law on which they can rely when conducting
their business affairs."
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October
2, 2008—Judges Have Key Roles In NCSTJ
The American
Bar Association's annual meeting in New York City
marked the official 50th anniversary kickoff celebration
of the National
Conference of State Trial Judges (NCSTJ). Judge
William C. Carpenter Jr. and Judge
Calvin L. Scott were delegates to the conference.
The celebration began with a CLE program regarding the
changes experienced by judges over the past 50 years including
innovations in technology, the emergence of collaborative
courts to address the unique social and criminal justice
issues and the advancement of scientific issues in the
courtroom. Events celebrating the 50th anniversary will
continue throughout the year.
Judge Carpenter was recognized for his two years of service
on the conference's executive board. He will continue
this upcoming year as chair
of the Judicial Division Membership Committee. The
most significant action taken at the NCSTJ business meeting
was the approval of by-laws amendments. Judge Scott served
as a member of the by-laws committee that recommended
the changes.
The practice of dividing the executive board into geographic
districts and requiring the delegates from that region
to elect the district representative was replaced by a
ten member at-large board. This change was implemented
to reflect the difficulty that has been experienced over
the past 10 years getting representatives in certain areas
of the country and the unreasonable delay that many delegates
in more active districts were experiencing before they
would get representatives on the governing board.
Since the district in which Delaware was grouped included
Maryland, D.C., West Virginia and Pennsylvania, all which
send active delegates to the conference, this was a particularly
important change for our state. It is expected that the
ABA Board of Governors will approve the change in the
fall and the new by-laws will be in effect for the next
election cycle.
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May
30, 2008—Judge Susan C. Del Pesco Retires
After serving 20 years on the Superior Court bench Judge
Susan C. Del Pesco retired from the bench. She was
the state's first female Superior Court judge.
"Judge Del Pesco has served with honor and distinction," President
Judge James T. Vaughn Jr. said. "As the first
woman appointed to the court, she has set the example
for other women judges and lawyers to follow. She will
be missed by her fellow judges, but we wish her well as
she moves on to other endeavors."
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April
24, 2008—Prominent Role in National Mock
Trial Championship
Delaware hosted the 25th
Annual National High School Mock Trial Championship from May 7 through May 11, 2008. Championship teams from
across the United States, the Commonwealth of Northern
Mariana Islands, Guam and South Korea competed for the
prestigious National High School Mock Trial Championship.
Superior Court Judge
Joseph R. Slights III played a prominent role in winning
the National Championship for Delaware for 2008 serving
as the co-chair of Delaware's
Host Committee. After Delaware won the role as host
state, he continued to serve as a co-host director of
the Host Committee and the Steering
Committee. Superior Court Judge
Robert B. Young and Judge
are also members of both committees.
The National Championship was held in the New
Castle County Courthouse. View the Mock
Trial Web site for 2008 Championship Results.
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April
15, 2008—New Castle County Superior
Court Commissioner Retires
Commissioner David A. White who was appointed by Governor
Ruth Ann Minner in 2001 retired from the Superior Court
bench to return to private practice. He was responsible
for all pretrial matters in the Court's asbestos litigation
and served as a mediator in personal injury, medical negligence
and commercial matters.
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April
10, 2008—New Castle County Superior
Court Discontinues Civil Calendar Call
Effective May 1, 2008, the New Castle County Superior
Court will discontinue the Civil Call of the Calendar.
Attorneys will no longer have to attend the Call, Wednesday
before trial.
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March
10, 2008—Esteban Parra, "Rule
Aims to Clear Superior Court Backlog," The News Journal
Abstract: A change to Superior
Court's Civil Rules is forcing people who file civil suits
to resolve their cases without trials is being lauded
as a time-saver by Superior Court. But attorneys who argue
lawsuits affected by the change are concerned it will
cost their clients more.
"I think this will be more expensive under the new
rule for an injured victim who may be out of work,"
said Susan D. Ament, who represents injury victims. Under
the change, litigants could be forced to pay mediators
to help resolve cases, which could cost $350 to $400.
They also may have to pay for depositions and other requests
for information.
Before the change went into effect, cases involving less
then $100,000 were subject to a practice called alternative
dispute resolution, in which the disputing parties tried
to resolve the lawsuit without a trial. Usually, the disputing
parties would use a practice called arbitration, in which
a third, neutral party decided the case. This decision
could or could not be binding.
Proceedings often were delayed by scheduling conflicts
among attorneys. This in turn prevented litigants from
resolving their issues. Under the change, judges will
assign schedules in which the dispute resolutions must
take place. This will apply to almost all civil lawsuits.
To help resolve the disputes, attorneys will have to use
Arbitration, which many attorneys have used and can be
compared to a mini-trial; Mediation, in which a neutral
party helps settle the case by offering possible solutions;
or Neutral Assessment, in which the third party evaluates
the case for the litigants and reports what would work.
Despite the guidelines, some attorneys say they're not
sure what to expect. "Nobody really knows what's
going to happen and that's part of the problem,"
said Anthony R. Arcaro, who also represents injury victims.
"There is a lot of uncertainty. We don't know if
it's going to cost us more money or cost the defendants
more money. It's never been done before."That uncertainty
helped increase the number of cases filed in February,
before the new rules went into effect.
More than 500 civil suits were filed last month in New
Castle County Superior Court, which normally sees between
200 and 300 lawsuits per month. The southern counties
did not see as large an increase. "There is always
a fear of the unknown," said Joshua W. Martin III,
a retired Superior Court judge.
While there are still some cases that need to be litigated,
the majority of civil cases can be resolved through alternative
means, Martin said. Martin, whose practice focuses on
arbitration and mediation, said he is aware of some of
the concerns lawyers share. But he added that the new
processes need to be given a chance. "To tell the
truth, we're going to have to see how it works,"
he said.
Cases exempt from the rule include mortgage foreclosure,
replevin (recovery of property wrongly taken) and wage
attachments. It is estimated that more than 1,000 cases
per year will now be required to go into a form of alternative
dispute resolution.
It is expected the majority of these cases will go initially
to mediation. While the disputing parties are supposed
to decide what plan they want to use to resolve their
case, the court will assign mediation if the litigants
cannot decide. These alternative means should clear the
backlog of civil cases in Superior Court and allow the
court to focus its limited resources on more complex matters
that do not easily lend themselves to alternative resolution
in a timely manner. The new rule also has the court setting
deadlines in an attempt to dispose of the case more efficiently;
something that was not happening under the previous rule.
The average disposition time for cases that were going
under the old rule was 335 days, said Superior Court Judge
Joseph R. Slights III, who helped guide the changes. "The
system had been turned on its head in terms of disposition
rates," said Slights, adding that part of the court's
job is to give parties a prompt day in court. "That's
really our core mission for people who file complaints."
Like any process, Slights said, it is one that is going
to require changes in practice from the perspective of
the courts and litigants. "If it is not achieving
its desired goal, then we are going to be open to changing
it," Slights said. If the case cannot be resolved
by alternative resolution, the parties can still take
it to trial.
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January
23, 2008—2008 - 2009 Judges' Rotation
Plan Issued
President
James T. Vaughn Jr. has issued the Judges'
Rotation Plan for January 2008 through November 2009. The rotation plan is adopted by the President Judge after
a consideration of the impact rotation will have upon
the performance of the Court in each county. Rotation
is desirable so that members of each county's bar has
the opportunity to appear not only before Superior Court
judges in the practicing lawyer's county, but those who
are not residents in that county; and the Superior Court
judges obtain a fresh perspective from time to time by
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January
14, 2008—Project Rightful Owner Disburses
Over $1 Million
Since May 10, 2007 when Superior Court launched Project
Rightful Owner the Court has disbursed over $1 million
announced Judge
Susan C. Del Pesco.
The project was launched because the court had nearly
$5 million excess proceeds from Sheriff's sales that occurred
during the past five years. The funds are waiting to be
claimed by the rightful owner of the money.
Excess proceeds arise when the value of the property,
at the time of sale, exceeds the amount of money needed
to pay off all recorded liens and mortgages. Because of
the dramatic increase in the value of real estate in recent
years, excess proceeds have become more common. (View
complete details.)
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January
9, 2008—Kent County Courthouse Construction
Contract Awarded
Delaware Office of Management and Budget Director Jennifer
(J.J.) Davis announced the signing of a contract with
Nason Construction for the Kent County Courthouse project
in Dover.
The Kent County Courthouse project consists of the construction
of a new courthouse, the connection of the existing courthouse
to the new building, renovation of the existing courthouse,
and construction of a parking garage to serve the needs
of the courthouse complex. The projected opening date
of the facility is July 2011.
Nason Construction, Inc., headquartered in Wilmington,
Delaware, provides construction management, design-build
and general contracting services for commercial, institutional,
and government clients throughout the Mid-Atlantic. (View
Press Release.)
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November
30, 2007—Effective January 1, 2008, all
new Civil Complaints, Mechanic's Liens, and Mortgage cases
filed with the Prothonotary in any county, whether subject
to Alternative Dispute Resolution (ADR) or not, shall
be filed and/or served electronically using the LexisNexis®
File & Serve e-Filing system.
Eventually the system will apply to all Superior Court
civil filings. Directive 2007-4 expands the use of e-filing
to all Civil Complaints including Mechanic's Liens and
Mortgages. (View
Administrative Directive No. 2007-4.)
Note: This designation does not include Civil Appeals,
Involuntary Commitments, or Civil Miscellaneous proceedings.
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October
30, 2007—Legislation recently passed created
a Court
Security Assessment that requires the Courts to collect
a fee on each initial civil filing and on each criminal
and traffic charge for which there is a conviction.
Under Superior
Court Administrative Order 2007-1, effective December
1, 2007, the Prothonotary shall collect a $10.00 Court
Security Assessment on all initial civil fillings and
on all criminal and traffic charges for which there is
a conviction. The assessment will be maintained in a separate
account designated as the Court Security Assessment
Fund.
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October
14, 2007—Judge
Susan C. Del Pesco and Special Master Daniel M. Kristol
were featured on a WHYY-TV segment to publicize the Superior
The project was launched because the court has nearly
$5 million excess proceeds from Sheriff's sales that occurred
during the past five years. The funds are waiting to be
claimed by the rightful owner of the money.
Excess proceeds arise when the value of the property,
at the time of sale, exceeds the amount of money needed
to pay off all recorded liens and mortgages. Because of
the dramatic increase in the value of real estate in recent
years, excess proceeds have become more common. (View
complete details.)
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July
19, 2007—Effective August 1, 2007, LexisNexis will begin assessing and collecting Delaware Superior
Court's $225.00 additional docket fee on all e-filed cases.
The assessment will be billed to Plaintiff's counsel.
This fee is in accordance with Superior Court Civil Rule
77(h).
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June
18, 2007—Resident
Judge Richard R. Cooch served on the American
Judicature Society's (AJS) 4th Dwight D. Opperman
Award for Judicial Excellent three-member selection
panel.
The AJS is an independent, national, nonpartisan organization
of judges, lawyers, and other members of the public who
seek to improve the justice system.
AJS' mission is to secure and promote an independent and
qualified judiciary and fair system of justice. The primary
areas of focus are judicial independence, judicial conduct
and ethics, judicial selection, the jury, criminal justice
system, and public understanding of the justice system.
Annually, AJS presents the Opperman
Award to a state judge of a trial or appellate court
who has had a career of distinguished judicial service.
The nominee must sit on and have at least ten years of
judicial service on a trial and/or appellate court of
general civil and/or criminal jurisdiction from one of
the 50 states, the District of Columbia, or Puerto Rico.
The award is named for Dwight D. Opperman, former chairman
and CEO of West Publishing Company.
This year's panel selected Louisiana's Chief Justice Pascal
Calogero Jr.; the award will be presented later this year.
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May
9, 2007—New Castle County Superior Court
launched Project
Rightful Owner to find the people entitled to claim
over $5 million in excess proceeds from Sheriff's Sales
which have occurred in the past 5 years.
Through a combined effort between the Sheriff of New Castle
County, Michael P. Walsh, and Superior
Court Judge Susan Del Pesco, the money from past sales
has been transferred to Superior Court, in advance of
a petition seeking the funds, in order to make it known
to owners or their heirs that there are residual funds.
Daniel M. Kristol, Esq., an expert in real estate law—retired
from Richards, Layton & Finger—has been appointed
Special Master, pro bono publico, to review the
petitions and process claims.
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April
26, 2007—The nation's
top corporate counsel and senior litigators have recognized
the Superior Court of Delaware as the premier court of general
jurisdiction in the nation for the sixth year in a
row. View
Complete Report. You can also read a Related Story.
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April
13, 2007—Superior
Court's 175th Anniversary was celebrated by judges,
government officials, and distinguished guests at the
historic New Castle County Courthouse, in New Castle,
Delaware on April 9, 2007. Although Superior
Court's heritage can be traced back more than 337
years to December 6, 1669, our law courts which represent
today's Superior Court jurisdiction, were decreed under
They included Superior Court, which heard civil matters,
the Court of General Sessions, which heard criminal matters,
and the Court of Oyer and Terminer, which heard capital
cases and consisted of all four law judges for the other
two courts. (View
the judges that served under the Constitution of 1831.)
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April
1, 2007—Effective
April 1, 2007, all new civil actions filed with the Prothonotary
in any county subject to Alternative
Dispute Resolution (ADR) pursuant to Civil
Rule 16.1 shall be filed and/or served electronically
LexisNexis™ File & Serve e-filing system.
Superior Court, the first state court in the nation to
implement electronic filing in 1991, has direct experience
with e-filing through LexisNexis™ File & Serve and the speed, efficiency, storage and cost savings that
e-filing provides the Court, counsel and litigants. Eventually
the system will apply to all civil filings in the Superior
Court. This Directive expands the use of e-filing to all
civil filings subject to ADR. (View
the Administrative Directive.)
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February
5, 2007—Effective
Monday, February 5, 2007, the Kent County Sheriff's Office
will begin processing all electronically filed Kent County
Sheriff Returns using LexisNexis™. This will
only apply to cases which are e-filed using LexisNexis™.
Counsel requesting service will receive notice of the
return, as the Sheriff's Office will select counsel as
a service party. (View
Full Notice.)
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January
4, 2007—Superior Court announces the formation
of a new Complex
/ Business Litigation Advisory Committee for the management
of complex and commercial litigation matters.
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January 3, 2007—The
Superior Court Civil
Rules Advisory Committee has convened to undertake
a complete review of its civil rules and make recommendations
for appropriate changes. The committee will consider the
recent amendments to the Federal Rules of Civil Procedure
and make recommendations as to whether they should be
incorporated into our rules. The committee's review, however,
is not limited to the federal rules changes.
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| January
2, 2007—Judge
Joseph R. Slights III, participated as a faculty member
in the ALI-ABA course titled Asbestos
Litigation in the 21st Century. This course was
held in New Orleans, Louisiana, from November 30-December
1, 2006.
Judge Joseph R. Slights III, participated in a Georgetown
University Law Center CLE Program entitled: Advanced
E-Discovery Institute on November 17, 2006.
Judge Slights gave a presentation on E-Discovery in
the criminal context.
Judge Joseph R. Slights III, and Dr. Mark Haug co-authored
an article on "Alternative Dispute Resolution
and Court-Appointed Experts." This article was
recently published in the Pepperdine
Dispute Resolution Law Journal, Volume 6, Number 3.
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December 15, 2006—By
court decree, children throughout the State will be returning
to the Delaware Superior Court to witness the third annual
reenactment of the courtroom scene of the Miracle on
34th Street. The event is a joint project of the Courts
and the Delaware State Bar Association's Arts Committee.
The "hearings" were held in New Castle, Kent
and Sussex County Superior Court.
Former Attorney
General M. Jane Brady, now Superior Court Judge, prosecuted
the case herself, "I just have to see this through
myself", she said. "I want to make very sure
that Kris Kringle has the same opportunity he did last
year." By "opportunity", Judge Brady means
a chance to meet the children. More than 2000 public and
private school children visited one of the Delaware Courtrooms
and experienced a trial setting in this reenactment. Justice
Henry duPont Ridgely presided on the Superior Court bench
by designation.
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November
13, 2006—Superior Court announces its
Winter Mediation
Training course pursuant to Civil Rule 16.1. The course,
at Buena Vista Conference Center, New Castle, Delaware
will be on March 20, 21, 22 & March 27, 2007. Online
.
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October 20, 2006—On
October 19, 2006, Superior Court Judge
Joseph R. Slights III was awarded the Distinguished
Mentoring Award by the Delaware
State Bar Association. The Distinguished Mentoring
Award is bestowed upon a Delaware lawyer or judge
who, by distinguished mentoring of other Delaware lawyers
(or future lawyers) over a period of many years, has served
as an inspiration to and a model for those lawyers in
striving for and maintaining the highest standards in
their professional careers and in their community involvement.
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September 20, 2006—Kent
County Superior Court Resident
Judge William L. Witham Jr. was the featured speaker
at Liberty
University School of Law's Center for Career and Professional
Development Program in Lynchburg, Virginia on September
19, 2006. Judge Witham's lecture was on the "Code
of Pre-trial and Trial Conduct for Attorneys."
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August 24, 2006—Effective
Tuesday, September 5, 2006, the Kent County Superior Court
will allow judgments and execution writs to be filed electronically
via LexisNexis™
File & Serve. This is only
for cases that are subject to Civil Rule 16.1 and the
value of the case is over $100,000.00. (Non-Arbitration
Cases which have been certified.) View
Details.
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August 24, 2006—Judge
William C. Carpenter has been elected to the Executive
Committee of the National
Conference of State Trial Judges (NCSTJ). The NCSTJ
is a conference of the Judicial Division of the American
Bar Association. It is the largest national organization
of general jurisdiction state judges in the world. Judge
Carpenter will serve a two-year term.
Judge Carpenter has also been appointed to serve this
year as chairman of the American Bar Association (ABA)
Judicial Division membership committee. The Judicial Division
is comprised of six conferences representing judges who
serve in federal and state courts throughout the United
States as well as various administrative boards and represents
the judiciary in matters that come before the ABA House
of Delegates.
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August 21, 2006—The
Superior Court of Delaware Pattern
Jury Instructions for Civil Practice have been
revised as of August 15, 2006.
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July 6, 2006—On
June 29, 2006 the Delaware
House of Representatives adopted House
Resolution No. 67 which congratulates the Superior
Court for the outstanding work that resulted in Delaware
being ranked the number one court system for the fifth
year in a row by the Harris
Poll State Liability Ranking Study.
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March 17, 2006—The
nation's top corporate counsel and senior litigators have
recognized the Superior Court of Delaware as the premier
court of general
jurisdiction in the country for the fifth year in
a row. VIEW
COMPLETE REPORT. You can also read a RELATED STORY.
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March 16, 2006—Judge
M. Jane Brady was one of five leaders inducted into
the Hall of Fame of Delaware Women. The Delaware Commission
on Women's award ceremony and banquet is one of the state's
most prestigious events. It honors a select group of Delaware
women for their distinguished contributions and achievements
toward improving the lives of others. Eighty-seven women,
representing advocacy, volunteerism, business, education,
law, government, medicine, and other fields have been
inducted into the Hall of Fame.
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February
15, 2006—President Judge James T. Vaughn
Jr. Published Superior Court's Fiscal
Year 2005 Annual Message.
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February
14, 2006—Cell Phone and Personal Communication
Device Policy Curbs Use in Courthouses! View
New Castle County Policy. (Effective November 1, 2005.) View
Kent County Policy. (Effective January 1, 2006.) View
(Effective December 1, 2005.)
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September
16, 2006—At a Special Session in the New
Castle County Courthouse, the Superior Court of Delaware
honored Judge
L. Alford, who died in office on August 11, 2003.
At the ceremony, the Superior Court and the Multicultural
Judges and Lawyers Section of the Delaware State Bar Association
unveiled a portrait of Judge
Alford, the first African-American female judge appointed
to a Delaware constitutional court, and also named Courtroom
8A in honor of Judge Alford.
View the complete
16 September 2005 Special Session's remarks of Superior
Court President Judge James T. Vaughn Jr. and Resident
Judge Richard R. Cooch.
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September
1, 2006—Delaware Superior Court
Judge Richard S. Gebelein retired on August, 31 2005.
He assumed the role of International Judge in the State
Court of Bosnia and Herzegovina.
View Related Press
Coverage and the Complete
Transcript of Remarks by Judicial Colleagues and Government
Officials at the New Castle County Courthouse Retirement
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