Introduction to the Delaware Court System

INTRODUCTION TO THE DELAWARE COURT SYSTEM

The Delaware Judicial Branch con- peals may be taken to the Su- sists of the Supreme Court, the Court perior Court. of Chancery, the Superior Court, the Family Court, the Court of Common The Family Court has exclusive Pleas, the Justice of the Peace Court jurisdiction over virtually all and related judicial agencies. family and juvenile matters. All civil appeals, including those In terms of interrelationships among the relating to juvenile delinquency, go directly to courts, the Delaware Court system is similar the Supreme Court while criminal cases are to a pyramid. The Justice of the Peace Court appealed to the Superior Court. represents the base of the pyramid and the Supreme Court the apex of the pyramid. As a The Superior Court, Delaware’s court of gen- litigant goes upward through the court sys- eral jurisdiction, has original jurisdiction over tem pyramid, the legal issues generally be- criminal and civil cases except equity cases. come more complex and, thus, more costly The Court has exclusive jurisdiction over felo- to litigate. For this reason, cases decided as nies and almost all drug offenses. In civil close as possible to the entry level of the matters, the Court’s authority to award dam- court system generally result in cost savings ages is not subject to a monetary maximum. in resources used to handle the matters and The Superior Court also serves as an inter- in speedier resolution of the issues at hand. mediate appellate court by hearing appeals on the record from the Court of Common The Justice of the Peace Court, the initial en- Pleas, the Family Court (in criminal cases), try level into the court system for most citi- and a number of administrative agencies. Ap- zens, has jurisdiction over civil cases in which peals from the Superior Court may be taken the disputed amount does not exceed on the record to the Supreme Court. $15,000. In criminal cases, the Justice of the Peace Court hears certain misdemeanors and The Court of Chancery has jurisdiction to most motor vehicle cases (excluding felonies) hear all matters relating to equity. The litiga- and the justices of the peace may act as tion in this tribunal deals largely with corpo- committing magistrates for all crimes. Ap- rate issues, trusts, estates, other fiduciary peals from the Justice of the Peace Court matters, disputes involving the purchase of may be taken to the Court of Common Pleas. land and questions of title to real estate, as well as commercial and contractual matters. The Court of Common Pleas has jurisdiction The Court of Chancery has a national reputa- in civil cases where the amount in contro- tion in the business community and is re- versy, exclusive of interest, does not exceed sponsible for developing the case law in Dela- $50,000. In criminal cases, the Court of Com- ware on corporate matters. Appeals from the mon Pleas has jurisdiction over all misde- Court of Chancery may be taken on the re- meanors in the State except certain drug- cord to the Supreme Court. related offenses. It also handles motor vehi- cle offenses (excluding those that are felo- The Supreme Court is the State’s appellate nies). In addition, the Court is responsible court that receives direct appeals from the for preliminary hearings in felony cases. Ap- Court of Chancery, the Superior Court, and

______2006 Annual Report of the Delaware Judiciary 11 the Family Court. As administrative head of the Other agencies associated with the Delaware Judi- courts, the Chief Justice of the Supreme Court, cial Branch include these state agencies: Violent in consultation with the other justices, sets ad- Crimes Compensation Board, Child Placement Re- ministrative policy for the court system. view Board, Educational Surrogate Parent Pro- gram, Law Libraries, Office of the Public Guardian, The Administrative Office of the Courts, includ- Office of the Child Advocate, Child Death, Near ing the Judicial Information Center and the Of- Death and Still Birth Commission, and the Nursing fice of the State Court Collections Enforcement, Home Residents Quality Assurance Commission. provides services to the Delaware judiciary that are consistent with the statewide policies and goals for judicial administration and support op- erations established by the Chief Justice of the Supreme Court.

OLD STATE HOUSE—DOVER Built in 1792 (Original home of the Supreme and Superior Courts)

______2006 Annual Report of the Delaware Judiciary 12 OVERVIEW OF THE COURTS

APPEALS & TRANSFERS

Supreme Court

Court of Superior Court Chancery

Family Court Court of Key: Common Pleas

Direction of Appeals

Direction of Transfer Justice of the Alderman’s Courts Peace Court

ADMINISTRATIVE AUTHORITY AND FUNDING

Chief Justice, Supreme Court

= Funded by County Administrative Office of the Courts = Funded by State

Court of Justice of the Family Court of Common Superior Court Peace Court Court Chancery Pleas

Nursing Home Resi- Educational Child Death, Near dents Quality Assur- Surrogate Parent Death & Stillbirth ance Commission Program Commission

Violent Crimes Office of the Child Child Placement Re- Compensation Advocate view Board Board Public Guardian Registers in Chancery Registers in Chancery Registers of Wills Sheriffs Sheriffs Prothonotaries Law Libraries

______2006 Annual Report of the Delaware Judiciary 13 THE DELAWARE COURT SYSTEM

COURT OF LAST RESORT

SUPREME COURT Final appellate jurisdiction for criminal cases in which the sentence exceeds certain minimums, and in civil cases as to final judgments, certain orders of the Court of Chancery, the Superior Court, and the Family Court and court designated boards. Issuer of certain writs.

EQUITY COURT LAW COURT

COURT OF CHANCERY SUPERIOR COURT Hear/determine all matters and causes in equity Original statewide jurisdiction over criminal and (typically corporate, trust, fiduciary matters, land civil cases (except equity cases). Exclusive sale, real estate, and commercial/contractual mat- jurisdiction over felonies and drug offenses (except ters). marijuana possession and most felonies/drugs involving minors). Involuntary commitments to Delaware State Hospital. Intermediate appellate court from the Court of Common Pleas, Family Court (adult criminal) and administrative boards.

COURTS OF LIMITED JURISDICTION

FAMILY COURT COURT OF COMMON PLEAS Extensive jurisdiction over all domestic relations Statewide jurisdiction in civil actions that do not matters, including divorce, custody, guardianships, exceed $50,000. All criminal misdemeanors adoptions, visitation, child and spousal support, and (except certain drug-related offenses). All motor property division. Jurisdiction over intrafamily vehicle offenses (except felonies). Responsible for misdemeanors, misdemeanor crimes against preliminary hearings. Appeals from the Justice of children, and civil domestic violence protective the Peace Courts, Alderman’s Courts, and the orders. Jurisdiction over all juvenile offenses except Division of Motor Vehicles. certain serious offenses.

JUSTICE OF THE PEACE COURT ALDERMAN’S COURTS* Civil cases that do not exceed $15,000. Certain Minor misdemeanors, traffic, parking, and minor misdemeanors and most motor vehicle cases (except civil matters occurring within town limits (specific felonies). May act as committing magistrate for all jurisdiction varies with town charter, as approved crimes. Landlord/tenant disputes. by the General Assembly).

*Alderman’s Courts are not part of the Delaware court system. They are independent entities within their re- spective municipalities. However, cases may be transferred or appealed to a State court.

______2006 Annual Report of the Delaware Judiciary 14