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Delaware Court of Chancery

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The Delaware Court of Chancery resides in Delaware. Click on the links below to learn more about the court's...

Jurisdiction

This court holds the following jurisdiction:[1]

The Court of Chancery has jurisdiction to hear all matters relating to equity. The litigation in this tribunal deals largely with corporate issues, trusts, estates, other fiduciary matters, disputes involving the purchase of land and questions of title to real estate as well as commercial and contractual matters. The Court of Chancery has a national reputation in the business community and is responsible for developing the case law in Delaware on corporate matters. Appeals from the Court of Chancery may be taken to the Supreme Court.[2]

Selection method

See also: governor-controlled commission

Judges of the Delaware Court of Chancery are selected by an assisted appointment method whereby a judicial nominating commission screens candidates and submits at least three names to the governor. The governor may decline to appoint someone from this list and instead request a supplemental list, but ultimately a name from one of these lists must be submitted to the Delaware Senate. The commission is made up of 12 members, eleven of which are appointed by the governor (including at least four lawyers and at least three non-lawyers). The president of the Delaware State Bar Association nominates the twelfth member, who is added to the commission with the governor's approval. The governor designates the commission's chairperson.[3][4]

Appointed justices serve for 12 years, at which point they must apply to the commission for reappointment. The commission must recommend sitting judges for reappointment unless two-thirds or more of the committee object. Reappointed judges also serve 12-year terms. Delaware is relatively unique in that appointees' initial terms are no shorter than their subsequent ones.[5]

Qualifications

To serve on this court, a judge must:[6]

  • be a state resident; and
  • be learned in the law.

See also



External links

Footnotes