Delaware Supreme Court
| Delaware Supreme Court |
|---|
|
| Court Information |
| Justices: 5 |
| Founded: 1951 |
| Location: Dover |
| Salary |
| Associates: $218,684[1] |
| Judicial Selection |
| Method: Governor-controlled commission |
| Term: 12 years |
| Active justices |
| N. Christopher Griffiths, Abigail LeGrow, Collins Seitz Jr., Gary Traynor, Karen L. Valihura |
Founded in 1951, the Delaware Supreme Court is the state's court of last resort and has five judgeships. The current chief of the court is Collins Seitz Jr.
As of May 2023, all five judges on the court were appointed by Democratic governors.
The Delaware Supreme Court meets in Dover, Delaware.
In Delaware, state supreme court justices are selected through assisted appointment with a governor-controlled judicial nominating commission. Justices are appointed by the governor with the assistance of a commission with a majority of members selected by the governor. There are 10 states that use this selection method. To read more about the assisted appointment of judges, click here.
Jurisdiction
The Delaware Constitution gives the supreme court appellate jurisdiction in most criminal cases for final judgments that have already been decided by lower courts, including superior court, family court, and the court of chancery. It also gives the supreme court discretionary jurisdiction to issue prohibition, quo warranto, certiorari, mandamus, and certified questions.[2]
The chief justice of the supreme court is the administrative head of the courts. In consultation with other supreme court justices, the chief justice sets administrative policy for the court system. The supreme court also has jurisdiction over admission and discipline of lawyers through the Board of Examiners, Office of Disciplinary Counsel, the Lawyer's Fund for Client Protection, the Commission on Law and Technology, and the Commission for Continuing Legal Education.[3]
The following text from Article IV, Section 11 of the Delaware Constitution covers the organization and jurisdiction of the court:
| “ | Jurisdiction of Supreme Court
The Supreme Court shall have jurisdiction as follows: Section 11. The Supreme Court shall have jurisdiction as follows: (1)(a) To receive appeals from the Superior Court in civil causes and to determine finally all matters of appeal in the interlocutory or final judgments and other proceedings of said Superior Court in civil causes: Provided that on appeal from a verdict of a jury, the findings of the jury, if supported by evidence, shall be conclusive. (1)(b) To receive appeals from the Superior Court in criminal causes, upon application of the accused in all cases in which the sentence shall be death, imprisonment exceeding one month, or fine exceeding One Hundred Dollars, and in such other cases as shall be provided by law; and to determine finally all matters of appeal on the judgments and proceedings of said Superior Court in criminal causes: Provided, however, that appeals from the Superior Court in cases of prosecution under Section 8 of Article V of this Constitution shall be governed by the provisions of that Section. (1)(c) Notwithstanding any provisions of this Section to the contrary, to receive appeals from the Superior Court in criminal causes, upon application by the State in all causes in which the Superior Court, or any inferior court an appeal from which lies to the Superior Court, has granted an accused any of the following: a new trial or judgment of acquittal after a verdict, modification of a verdict, arrest of judgment, relief in any post-conviction proceeding or in any action collaterally attacking a criminal judgment, or a new punishment hearing in a capital case after the court has imposed a sentence of death, or any order or judgment declaring any act of the General Assembly, or any portion of any such act, to be unconstitutional under either the Constitution of the United States or the State of Delaware, inoperative or unenforceable, except that no appeal shall lie where otherwise prohibited by the double jeopardy clause of the Constitution of the United States or of this State. Notwithstanding anything in this Article to the contrary, the General Assembly may by statute implement the jurisdiction herein conferred. (2) Wherever in this Constitution reference is made to a writ of error or a proceeding in error to the Superior Court, such reference shall be construed as referring to the appeal provided for in Section (1)(a) and Section (1)(b) of this Article. (3) To receive appeals from the Superior Court in cases of prosecution under Section 8 of Article V of this Constitution and to determine finally all matters of appeal in such cases. (4) To receive appeals from the Court of Chancery and to determine finally all matters of appeal in the interlocutory or final decrees and other proceedings in chancery. (5) To issue writs of prohibition, quo warranto, certiorari and mandamus to the Superior Court, and the Court of Chancery; or any of the Judges of the said courts and also to any inferior court or courts established or to be established by law and to any of the Judges thereof and to issue all orders, rules and processes proper to give effect to the same. The General Assembly shall have power to provide by law in what manner the jurisdiction and power hereby conferred may be exercised in vacation and whether by one or more Justices of the Supreme Court. (6) To issue such temporary writs or orders in causes pending on appeal, or on writ of error, as may be necessary to protect the rights of parties and any Justice of the Supreme Court may exercise this power when the court is not in session. (7) To exercise such other jurisdiction by way of appeal, writ of error or of certiorari as the General Assembly may from time to time confer upon it. (8) To hear and determine questions of law certified to it by other Delaware courts, the Supreme Court of the United States, a Court of Appeals of the United States, a United States District Court, a United States Bankruptcy Court, the United States Securities and Exchange Commission, the highest appellate court of any other state, the highest appellate court of any foreign country, or any foreign governmental agency regulating the public issuance or trading of securities, where it appears to the Supreme Court that there are important and urgent reasons for an immediate determination of such questions by it. The Supreme Court may, by rules, define generally the conditions under which questions may be certified to it and prescribe methods of certification.[4] [5] |
” |
| —Delaware Constitution, Article IV, Section 11 | ||
Justices
The table below lists the current judges of the Delaware Supreme Court , their political party, when they assumed office, and the appointing governor.
| Office | Name | Party | Date assumed office | Appointed by |
|---|---|---|---|---|
| Delaware Supreme Court | N. Christopher Griffiths | Nonpartisan | May 22, 2023 | John C. Carney Jr. (D) |
| Delaware Supreme Court | Abigail LeGrow | Nonpartisan | May 11, 2023 | John C. Carney Jr. (D) |
| Delaware Supreme Court | Gary Traynor | Nonpartisan | July 5, 2017 | John C. Carney Jr. (D) |
| Delaware Supreme Court | Karen L. Valihura | Nonpartisan | July 25, 2014 | Jack Markell (D) |
| Delaware Supreme Court Chief Justice | Collins Seitz Jr. | Nonpartisan | November 8, 2019 | John C. Carney Jr. (D) |
Judicial selection
- See also: Judicial selection in Delaware
The five justices on the Delaware Supreme Court 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.[6]
Appointed justices serve for 12 years, at which point they must apply to the commission for reappointment.[7] The commission must recommend sitting judges for reappointment unless two-thirds or more of the committee object. Reappointed judges also serve 12-year terms.[7] Delaware is relatively unique in that appointees' initial terms are no shorter than their subsequent ones
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.[7]
Qualifications
To serve on this court, a judge must:
- be a state resident; and
- be learned in the law.[8]
Chief justice
The process for selecting a chief judge or justice for the supreme, superior, and chancery courts is identical to the process used to select associate judges. The governor chooses an appointee from a list compiled by the judicial nominating commission, and if the state Senate gives consent, the appointee will serve a 12-year term as chief.[6]
Vacancies
If a midterm vacancy occurs on the court, the seat is filled as it normally would be if the vacancy occurred at the end of a judge's term. A judicial nominating commission recommends qualified candidates to the governor, and the governor selects a successor from that list with Senate approval. The new appointee serves a 12-year term.[6][9]
The map below highlights how vacancies are filled in state supreme courts across the country.
Appointments
2023
Justice Montgomery-Reeves vacancy
Gov. John Carney (D) appointed N. Christopher Griffiths via assisted appointment to the Delaware Supreme Court. Justice Tamika Montgomery-Reeves resigned on February 7, 2023 to accept her nomination to the United States Court of Appeals for the Third Circuit.[10] Griffiths was Governor Carney's (D) first nominee to the five-member supreme court.
At the time of the vacancy under Delaware law, state supreme court justices were selected through assisted appointment with a governor-controlled judicial nominating commission.
Justice Vaughn vacancy
Delaware governor John Carney appointed Abigail LeGrow to the Delaware Supreme Court. LeGrow replaced Justice James T. Vaughn Jr., who retired on May 1, 2023. Vaughn's replacement was Governor Carney's (D) third nominee to the five-member supreme court.[11]
At the time of the vacancy, Delaware law required a judicial nominating commission to recommend qualified candidates to the governor, who would select a successor from that list with senate approval. LeGrow will serve a 12-year term.
2019
Delaware Supreme Court Chief Justice Leo Strine retired on October 30, 2019. In his retirement letter to the governor, Strine said, "I intend to resign as Chief Justice this autumn, upon the nomination, confirmation, and swearing in of my successor."[12]
At the time of the vacancy, under Delaware law, the governor selected supreme court justices from a list submitted by a judicial nominating commission. The appointee was also required to receive confirmation from the Delaware State Senate.
Governor John Carney (D) nominated Associate Justice Collins Seitz Jr. to replace Strine as the chief justice of the Delaware Supreme Court. Carney also nominated Tamika Montgomery-Reeves to serve as a new associate justice, replacing Seitz. The Delaware State Senate confirmed the nominees on November 7, 2019. Seitz and Montgomery-Reeves were Carney's second and third nominees to the five-member supreme court.
Caseloads
The table below details the number of cases filed with the court and the number of dispositions (decisions) the court reached in each year.[13]
| Delaware Supreme Court caseload data | ||
|---|---|---|
| Year | Filings | Dispositions |
| 2023 | 491 | 453 |
| 2022 | 432 | 428 |
| 2021 | 438 | 485 |
| 2020 | 505 | 489 |
| 2019 | 572 | 643 |
| 2018 | 646 | 583 |
| 2017 | 533 | 604 |
| 2016 | 707 | 714 |
| 2015 | 703 | 687 |
| 2014 | 716 | 696 |
| 2013 | 661 | 712 |
| 2012 | 757 | 747 |
| 2011 | 714 | 760 |
| 2010 | 770 | 724 |
| 2009 | 685 | 705 |
| 2008 | 670 | 661 |
| 2007 | 666 | 668 |
Analysis
Ballotpedia Courts: Determiners and Dissenters (2021)
In 2020, Ballotpedia published Ballotpedia Courts: Determiners and Dissenters, a study on how state supreme court justices decided the cases that came before them. Our goal was to determine which justices ruled together most often, which frequently dissented, and which courts featured the most unanimous or contentious decisions.
The study tracked the position taken by each state supreme court justice in every case they decided in 2020, then tallied the number of times the justices on the court ruled together. We identified the following types of justices:
- We considered two justices opinion partners if they frequently concurred or dissented together throughout the year.
- We considered justices a dissenting minority if they frequently opposed decisions together as a -1 minority.
- We considered a group of justices a determining majority if they frequently determined cases by a +1 majority throughout the year.
- We considered a justice a lone dissenter if he or she frequently dissented alone in cases throughout the year.
Summary of cases decided in 2020
- Number of justices: 5
- Number of cases: 435
- Percentage of cases with a unanimous ruling: 97.9% (426)
- Justice most often writing the majority opinion: Justice Collins Seitz (105)
- Per curiam decisions: 1
- Concurring opinions: 3
- Justice with most concurring opinions: Justice James T. Vaughn (3)
- Dissenting opinions: 9
- Justice with most dissenting opinions: Justice James T. Vaughn (6)
For the study's full set of findings in Delaware, click here.
Ballotpedia Courts: State Partisanship (2020)
- See also: Ballotpedia Courts: State Partisanship
Last updated: June 15, 2020
In 2020, Ballotpedia published Ballotpedia Courts: State Partisanship, a study examining the partisan affiliation of all state supreme court justices in the country as of June 15, 2020.
The study presented Confidence Scores that represented our confidence in each justice's degree of partisan affiliation, based on a variety of factors. This was not a measure of where a justice fell on the political or ideological spectrum, but rather a measure of how much confidence we had that a justice was or had been affiliated with a political party. To arrive at confidence scores we analyzed each justice's past partisan activity by collecting data on campaign finance, past political positions, party registration history, as well as other factors. The five categories of Confidence Scores were:
- Strong Democrat
- Mild Democrat
- Indeterminate[14]
- Mild Republican
- Strong Republican
We used the Confidence Scores of each justice to develop a Court Balance Score, which attempted to show the balance among justices with Democratic, Republican, and Indeterminate Confidence Scores on a court. Courts with higher positive Court Balance Scores included justices with higher Republican Confidence Scores, while courts with lower negative Court Balance Scores included justices with higher Democratic Confidence Scores. Courts closest to zero either had justices with conflicting partisanship or justices with Indeterminate Confidence Scores.[15]
Delaware had a Court Balance Score of -6.4, indicating Democrat control of the court. In total, the study found that there were 15 states with Democrat-controlled courts, 27 states with Republican-controlled courts, and eight states with Split courts. The map below shows the court balance score of each state.
Bonica and Woodruff campaign finance scores (2012)
In October 2012, political science professors Adam Bonica and Michael Woodruff of Stanford University attempted to determine the partisan outlook of state supreme court justices in their paper, "State Supreme Court Ideology and 'New Style' Judicial Campaigns." A score above 0 indicated a more conservative-leaning ideology while scores below 0 were more liberal. The state Supreme Court of Delaware was given a campaign finance score (CFscore), which was calculated for judges in October 2012. At that time, Delaware received a score of -0.35. Based on the justices selected, Delaware was the 12th most liberal court. The study was based on data from campaign contributions by judges themselves, the partisan leaning of contributors to the judges, or—in the absence of elections—the ideology of the appointing body (governor or legislature). This study was not a definitive label of a justice but rather an academic gauge of various factors.[16]
Noteworthy cases
The following are noteworthy cases heard before the Delaware Supreme Court. For a full list of opinions published by the court, click here. Know of a case we should cover here? Let us know by emailing us.
Genger v. TR Investors, July 2011
- In Genger v. TR Investors the Delaware Supreme Court ruled on the matter of electronic records and discovery. The case stemmed from a case heard by the Court of Chancery in 2009 where then-Vice-Chancellor Leo E. Strine, Jr. ordered the defendant, Arie Genger, to preserve information on his hard drive. Genger had his tech expert run a program that wiped all files from the unallocated free space on his hard drive and the TRI servers. This "unallocated free space" is the space on a computer not dedicated to running programs or applications and what the computer will use for temporary storage. Genger claimed that he was just attempting to preserve the privacy of his personal files. TRI claimed that he had violated the order to preserve information on the hard drives, Strine agreed, and sanctioned Genger, ordering him to pay TRI $3.2 million.
- On appeal, the supreme court upheld Strine's sanction, finding that Genger had taken steps to destroy information he had been ordered to preserve. The court also addressed more largely the matter of unallocated free space. Justice Jacobs wrote, "To avoid future repetitions of the 'unallocated free space' issue presented here we suggest that the parties and the trial court address any unallocated free space question that might arise before a document retention and preservation order is put in place. In addressing that issue, the parties must be mindful that court-ordered discovery of electronically-stored information should be limited to what is 'reasonably accessible.' That determination, by its very nature, must be made on a case-by-case basis."[17]
Ethics
The Delaware Judges' Code of Judicial Conduct consists of four canons:
| “ |
Canon 1: A judge should uphold the integrity, independence and impartiality of the judiciary. |
” |
| —Delaware Judges' Code of Conduct | ||
History of the court
Delaware became a state in 1776, so its initial court structure was created in wartime conditions. The court of appeals was the court of last resort and was to hear appeals from the state supreme court, which was a statewide trial court. At the time, the supreme court was principally occupied with issues related to treason.[18]
Delaware's first peacetime constitution of 1792 reshaped the court of last resort. It became known as the High Court of Errors and Appeals, with the supreme court remaining a trial court with statewide jurisdiction. The High Court of Errors and Appeals was made up of a chancellor and all judges of the supreme court and courts of common pleas who had not initially heard the case being appealed. This became known as the leftover judge system.[19]
In 1831, with the adoption of a new constitution, the structure of the court changed. The supreme court was eliminated as a trial court, and the practice of appointing lay judges was prohibited. The 1897 constitution, the state's current constitution, led to even greater change, providing that the supreme court would become the court of last resort, replacing the High Court of Errors and Appeals. The 1897 constitution also required all judges to be "learned in the law."[20] The number of justices on the court was increased from four to five, including a chief justice, and they were appointed by the governor with a confirmation of a majority of the state senate, with the stipulation that no more than a simple majority could belong to one political party. They were state judges appointed to hear appeals for cases they had not heard previously. A chancellor remained part of the structure, as a senior officer of the court above the chief justice, hearing cases on appeal from the superior court or other courts along with state judges who had not heard the case previously. The "leftover judge system" was thus maintained.[21]
A constitutional amendment in 1951 finally created a separate supreme court with justices who only sit on that court, thus abolishing the "leftover judge system." Delaware was the last state to adopt a separate judiciary. The five justices are appointed by the governor and confirmed by the state senate for twelve-year terms.[22]
Noteworthy firsts
- Justice Carolyn Berger was the first woman to serve on the court.[23]
Courts in Delaware
- See also: Courts in Delaware
In Delaware, there is one federal district court, a state supreme court, and trial courts with both general and limited jurisdiction. These courts serve different purposes. The image below depicts the flow of cases through Delaware's state court system. Cases typically originate in the trial courts and can be appealed to courts higher up in the system.
Party control of Delaware state government
A state government trifecta is a term that describes single-party government, when one political party holds the governor's office and has majorities in both chambers of the legislature in a state government. A state supreme court plays a role in the checks and balances system of a state government.
Delaware has a Democratic trifecta. The Democratic Party controls the office of governor and both chambers of the state legislature.
See also
External links
Footnotes
- ↑ The salary of the chief justice may be higher than an associate justice.
- ↑ Delaware Courts Judicial Branch,"An Overview of the Delaware Court System," accessed June 12, 2024
- ↑ Delaware Courts Judicial Branch,"An Overview of the Delaware Court System," accessed June 12, 2024
- ↑ Delaware.gov, "Delaware Constitution with amendments as of July 2018," accessed November 21, 2018
- ↑ 5.0 5.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ 6.0 6.1 6.2 Delaware.gov, "Executive Order 16," accessed March 28, 2023
- ↑ 7.0 7.1 7.2 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
- ↑ Brennan Center for Justice, "Judicial Selection: An Interactive Map," accessed March 23, 2023
- ↑ Delaware Courts, "Justice Tamika Montgomery-Reeves announces she will step down in February to join the U.S. Third Circuit Court of Appeals," December 16, 2022
- ↑ Delaware Live, "Longtime Delaware Supreme Court justice to retire," November 29, 2022
- ↑ Supreme Court of Delaware, "Letter of resignation, Chief Justice Leo Strine," July 8, 2019
- ↑ Delaware Courts, "2023 Annual Report and Statistical Information for the Delaware Judiciary," accessed September 24, 2024
- ↑ An Indeterminate score indicates that there is either not enough information about the justice’s partisan affiliations or that our research found conflicting partisan affiliations.
- ↑ The Court Balance Score is calculated by finding the average partisan Confidence Score of all justices on a state supreme court. For example, if a state has justices on the state supreme court with Confidence Scores of 4, -2, 2, 14, -2, 3, and 4, the Court Balance is the average of those scores: 3.3. Therefore, the Confidence Score on the court is Mild Republican. The use of positive and negative numbers in presenting both Confidence Scores and Court Balance Scores should not be understood to that either a Republican or Democratic score is positive or negative. The numerical values represent their distance from zero, not whether one score is better or worse than another.
- ↑ Stanford University, "State Supreme Court Ideology and 'New Style' Judicial Campaigns," October 31, 2012
- ↑ Supreme Court of State of Delaware, "Genger v. TR Investors," July 18, 2011
- ↑ Delaware Courts Judicial Branch,"History of the Supreme Court," accessed June 12, 2024
- ↑ Delaware Courts Judicial Branch,"History of the Supreme Court," accessed June 12, 2024
- ↑ Delaware Courts Judicial Branch,"History of the Supreme Court," accessed June 12, 2024
- ↑ Delaware Courts Judicial Branch,"History of the Supreme Court," accessed June 12, 2024
- ↑ Penn State Dickinson Law Review,"The Supreme Court of Delaware, 1900-1952," accessed June 12, 2024
- ↑ Boston University School of Law, "Alumni Page," accessed September 24, 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
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