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Delaware Justice of the Peace Courts
The Delaware Justice of the Peace Courts are the entry-level courts in Delaware where the majority of criminal cases are first heard. They are administered by the Chief Justice of the Delaware Supreme Court.
Jurisdiction
The Justice of the Peace Courts have jurisdiction over civil cases involving debt, trespass and actions to recover personal property in which the amount in controversy does not exceed $15,000. The Justice of the Peace Courts also have jurisdiction over all landlord/tenant proceedings. The courts are authorized to hear certain misdemeanors and motor vehicle cases excluding felonies, and may act as committing magistrates for all crimes. Appeals of Justice of the Peace Court decisions go to the Delaware Court of Common Pleas in criminal and civil cases, while landlord/tenant possession cases may be appealed to a three judge panel of Justices of the Peace.[1]
Mission Statement
"As the place where justice starts, it is the mission of the Justice of the Peace Court to serve the people of Delaware by efficient and accessible administration of justice for all, and to treat all persons with integrity, fairness, and respect."[2]
Justices of the Peace
Justices of the Peace, also known as magistrates, are recommended to the Governor by the Delaware Magistrate Screening Committee. The committee screens potential applicants on an "as needed" basis. The list of candidates is forwarded to the governor when a vacancy occurs. The governor selects a candidate for nomination, and the nomination then goes before the Delaware Senate for confirmation. Once confirmed, magistrates serve an initial term of four years. If reappointed, their second and third terms are for six years, and any terms after that last eight years.[3] The Chief Magistrate is the exception; he or she serves 12-year terms.[4]
The only requirements to serve as a magistrate in Delaware is to be a resident of the state and have reached the age of 25.[5]
There is a justice of the peace court in each of the three Delaware counties: Kent County, New Castle County and Sussex County.
See also
External links
- Delaware State Courts, "Overview of Delaware Justice of the Peace Courts"
- Delaware State Courts, "Overview of the Delaware Court System"
- Delaware State Courts, "Justice of the Peace Court locations"
Footnotes
- ↑ Delaware State Courts, "Justice of the Peace Courts Jurisdiction," accessed June 23, 2014
- ↑ Delaware State Courts, "Mission Statement of the Justice of the Peace Court," accessed June 23, 2014
- ↑ Delaware Constitution, "Article IV, Section 29," accessed July 22, 2015
- ↑ Delaware Constitution, "Article IV, Sections 3 and 30," accessed July 22, 2015
- ↑ Delaware State Courts, "Magistrate Screening Committee," accessed June 23, 2014
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
