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| | {{Local Courts Menu}} |
| * [[Delaware Court of Common Pleas|<u>Page navigation</u>]]
| | {{Localcourtsinfobox}} |
| * [[#Mission|'''Mission''']]
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| * [[#Judges|'''Judges''']]
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| * [[#Judicial selection|'''Judicial selection''']]
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| * [[#Jurisdiction|'''Jurisdiction''']]
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| * [[#State profile|'''State profile''']]
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| * [[#Recent news|'''Recent news''']]
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| * [[#See also|'''See also''']]
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| </div>[[Image:Delaware court of common pleas.jpg|170px|thumb|right|Seal of the Delaware Court of Common Pleas]]
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| The '''Delaware Court of Common Pleas''' is a trial-level, [[Article IV, Delaware Constitution|constitutional court]] in the state of Delaware. The origins of common pleas courts in Delaware can be traced back to the colonial era, when Delaware was still a part of Pennsylvania, and the courts were included in the 1776 [[Delaware Constitution|state constitution]].<ref>[http://avalon.law.yale.edu/18th_century/de02.asp#1 ''Yale Law School: The Avalon Project'', "Constitution of Delaware; 1776," accessed May 18, 2015]</ref> Though these courts survived the initial transition into statehood, they were superceded decades later by the [[Delaware Superior Court|state superior court]]. The courts were resurrected in 1917 with the establishment of The Court of Common Pleas for New Castle County. Courts of similar function were subsequently created for Kent and Sussex Counties. The three courts evolved separately until a 1973 law united them into the statewide court of common pleas. The court existed in statute until 2005, when, after a two-century hiatus, it was reintroduced into the state constitution by constitutional amendment.<ref name=history>[http://courts.delaware.gov/CommonPleas/history.stm ''Delaware State Courts'', "Court of Common Pleas: History," accessed May 11, 2015]</ref>
| | {{Local scope archive|Type=Court}} |
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| The court is composed of nine judges and two commissioners representing the three counties of New Castle, Kent and Sussex. Five judges are from New Castle County and there are two each from Kent County and Sussex Counties. Judges are selected by the governor with the approval of the state senate and serve 12-year terms. The two commissioners are authorized to accept pleas, handle preliminary hearings and a variety of "other non case-dispositive matters." <ref name=home/> One commissioner is assigned to New Castle and the second is shared by the other two counties.<ref name=thejudiciary/> | | The '''Delaware Court of Common Pleas''' resides in [[Delaware]]. Click on the links below to learn more about the court's... |
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| The court has statewide criminal jurisdiction over misdemeanors, motor vehicle offenses and preliminary hearings in felony charges. The court also has jurisdiction over civil actions in lawsuits where the amount in question (not including interest) is $50,000.00 or less, petitions for change of name, habitual offender motor vehicle hearings and administrative appeals for the division of motor vehicles. Jury trial is available to all defendants in criminal matters but not for civil cases.<ref name="jurisdiction">[http://courts.delaware.gov/CommonPleas/jurisdiction.stm ''Delaware State Courts'', "Court of Common Pleas: Jurisdiction," accessed May 11, 2015]</ref> The court of common pleas may also hear appeals from the [[Delaware Alderman's Courts]] and [[Delaware Justice of the Peace Courts|Justice of Peace Courts]]. The court is organized into three main "problem-solving" divisions dedicated to drug diversion, community dispute resolution and mental health.<ref name="jurisdiction"/><ref>[http://courts.delaware.gov/AOC/AnnualReports/FY05/aldermans05.pdf ''Delaware State Courts'', "Annual Report of the Delaware Judiciary: Alderman's Courts, 2005 (pdf)," accessed May 11, 2015]</ref>
| | * [[#Jurisdiction|Jurisdiction]] |
| | * [[#Selection method|Selection method]] |
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| ==Mission==
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| {|class="bptable blue" cellspacing="0" cellpadding="5" border="1" align="center" style="background:none" style="width:900px;"
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| ! colspan="1" align="right" style="background-color:#FF0000;" | Mission Statement of the Delaware Court of Common Pleas
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| {{quote|The mission of the Delaware Court of Common Pleas is to provide a neutral forum for the people and institutions of Delaware, in the resolution of everyday problems, disputes, and more complex legal matters in a fair, professional, efficient, and practical manner.|author=Delaware Court of Common Pleas<ref name=home>[http://courts.delaware.gov/CommonPleas/ ''Delaware State Courts'', "Delaware Court of Common Pleas Home," accessed May 11, 2015]</ref>}}
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| ==Judges==
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| [[Image:Alex J. Smalls.png|120px|thumb|right|Chief Judge of the Delaware Court of Common Pleas Alex J. Smalls]]
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| ====New Castle County Judicial Officers====
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| * Chief Judge: [[Carl C. Danberg]]
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| * Monica Horton
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| * Bradley V. Manning
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| * [[Katharine Mayer]]
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| * [[Robert H. Surles]]
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| ====Kent County Judicial Officers====
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| * [[Anne Hartnett Reigle]]
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| * Kathleen K. Amalfitano
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| ====Sussex County Judicial Officers====
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| * Rae M. Mims
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| * [[Kenneth S. Clark, Jr.]]
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| ===Commissioners===
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| *Commissioner Gregory Babowal
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| *Commissioner Emily Ferrell
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| *Commissioner Donald R. Bucklin<ref>[https://courts.delaware.gov/commonpleas/judges.aspx ''Delaware Courts'', "Judicial Officers," accessed June 30, 2022]</ref>
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| ==Judicial selection==
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| [[File:Delaware Courts organization chart.png|300px|thumb|right|Click [http://ballotpedia.org/File:Delaware_Courts_organization_chart.png here] to view larger-scale image of the Delaware Courts Organizational Chart as of May 2015.]]
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| Each judge, including the chief judge, is appointed by the [[Governor of Delaware]] and subject to confirmation by the [[Delaware Senate]]. No more than a simple majority of judges may be from the same political party.
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| Terms last 12 years.<ref name=judges>[http://courts.delaware.gov/CommonPleas/judges.stm ''Delaware State Courts'', "Judicial Officers," accessed May 11, 2015]</ref> The two commissioners are likewise appointed, but instead of 12-year terms, their terms last either four years (if it is a first term) or six years (for all subsequent terms).<ref name=thejudiciary>[http://lwvdelaware.org/files/CHAPTER_5_The_Judiciary.pdf ''Delaware State Courts'', "Chapter 5, The Judiciary (pdf)," accessed May 18, 2015]</ref>
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| ===Qualifications===
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| To be nominated for the Delaware Court of Common Pleas, a judge must:
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| *be a citizen of Delaware
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| *have practiced law in Delaware for at least five years
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| ==Jurisdiction== | | ==Jurisdiction== |
| | {{Local judicial jurisdiction|Court Name=Delaware Common Pleas}} |
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| ====Criminal Jurisdiction==== | | ==Selection method== |
| | {{Local judicial selection|Court Name=Delaware Common Pleas}} |
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| *All Misdemeanors (except certain drug offenses)
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| *Motor Vehicle Offenses
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| *Preliminary Hearings in Felony Charges
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| *Appeals of Criminal Matters from the Justice of the Peace Courts
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| *Appeals of Criminal Matters from Alderman's Courts<ref name="jurisdiction"/>
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| '''Note: jury trial election available'''
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| ====Civil Jurisdiction====
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| *Lawsuits where the amount in controversy does not exceed $50,000.00
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| *Change of Name Petitions
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| *Habitual Offender Motor Vehicle Hearings
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| *Administrative Appeals from the Division of Motor Vehicles
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| *Appeals of Civil Lawsuits from the Justice of the Peace Courts<ref name="jurisdiction"/>
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| '''Note: jury trial election ''not'' available'''
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| {{Delaware state profile}}
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| ==Recent news==
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| {{News feed form
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| |Term1=Delaware
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| |Term2=Court
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| |Term4=Common
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| |Term5=Pleas
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| }}
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| ==See also== | | ==See also== |
| *[[Courts in Delaware]]
| | {{Seealsolocalcourts|State=Delaware}} |
| *[[Judicial selection in Delaware]]
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| *[[Delaware judicial news]]
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| *[[Delaware blogs]]
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| ==External links== | | ==External links== |
| *[http://courts.delaware.gov/CommonPleas/judges.stm Delaware Court of Common Pleas Judicial Officers] | | {{Google}} |
| *[http://courts.delaware.gov/overview.stm Overview of the Delaware Court System]
| | *[https://courts.delaware.gov/ Delaware courts] |
| __NOTOC__
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| ==Footnotes== | | ==Footnotes== |
| {{Reflist}} | | {{reflist}} |
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| {{Delaware courts}} | | {{Delaware courts}}<br> |
| | {{Delaware}} |
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| [[category:Delaware court of common pleas]]
| | [[Category:Local courts outside coverage scope]] |
| [[Category:Kent County Delaware, Common Pleas]] | | [[Category:Delaware]] |
| [[Category:New Castle County Delaware, Common Pleas]] | |
| [[Category:Sussex County Delaware, Common Pleas]]
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| [[Category:Kent County, Delaware]]
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| [[Category:New Castle County, Delaware]]
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| [[Category:Sussex County, Delaware]]
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| [[category:Judicial appointment through commission]]
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| [[Category:State trial court overviews]]
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