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Kent County Superior Court, Delaware
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The Kent County Superior Court resides in Delaware. Click on the links below to learn more about the court's...
Jurisdiction
This court holds the following jurisdiction:[1]
| “ | The Superior Court, the State's court of general jurisdiction, has original jurisdiction over criminal and civil cases except equity cases. The Court has exclusive jurisdiction over felonies and almost all drug offenses. In civil matters, the Court's authority to award damages is not subject to a monetary maximum. The Superior Court also serves as an intermediate appellate court by hearing appeals on the record from the Court of Common Pleas, the Family Court (in criminal cases), and a number of administrative agencies. Appeals from the Superior Court may be taken to the Supreme Court.[2] | ” |
Selection method
- See also: assisted appointment method
Judges on the Superior Court of Delaware 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.[3] 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.[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]
Delaware's constitution requires that there be an even partisan balance on each state court. For courts with an even number of judges, this means that no more than half of the seats on the court may be held by judges who are members of the same political party. For courts with an odd number of judges (including the state supreme court), this means that no more than a bare majority of seats on the court may be held by members of the same party. For example, a court with five seats could not have any more than three judges who are members of the same party.[6]
Qualifications
To serve on this court, a judge must:
- be a state resident; and
- be learned in the law.[7]
See also
External links
Footnotes
- ↑ Delaware Courts Judicial Branch, "An Overview of the Delaware Court System," accessed May 11, 2023
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Cite error: Invalid
<ref>tag; no text was provided for refs namedcommission - ↑ Delaware Courts Judicial Branch, "Judicial Appointments," accessed March 28, 2023
- ↑ The Delaware Code Online, "§ 3. Appointment of judges; terms of office; vacancies; political representation; confirmation of appointment.," accessed March 28, 2023
- ↑ The Delaware Code Online, "§ 3. Appointment of judges; terms of office; vacancies; political representation; confirmation of appointment.," accessed March 28, 2023
- ↑ The Delaware Code Online, "§ 2. Justices of Supreme Court and other State Judges; qualifications; residence; precedence.," accessed March 28, 2023
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
