Delaware Judiciary
The Delaware Judiciary is the judicial branch of Delaware state government, responsible for interpreting state law and resolving disputes. The Delaware court system comprises the Supreme Court, the Court of Chancery, the Superior Court, and limited jurisdiction courts.
Delaware Supreme Court
The Delaware Supreme Court is the state's highest court and serves as the final arbiter of state constitutional and statutory law questions. The Supreme Court comprises five justices, including one Chief Justice. Justices serve 12-year terms following an initial appointment by the Governor and confirmation by the State Senate. The Supreme Court exercises appellate jurisdiction over cases from lower courts and hears cases of significant statewide importance.
The Supreme Court maintains offices in Wilmington. The court reviews decisions by lower courts, considers questions of law arising from trial court proceedings, and issues written opinions establishing legal precedent throughout Delaware.
Court of Chancery
The Delaware Court of Chancery is a distinctive court of equity with exclusive jurisdiction over business disputes, corporate governance matters, trusts, estates, and fiduciary questions. The Court of Chancery historically develops and applies equity principles to resolve disputes that common law courts cannot adequately address. The court operates without a jury system; judges decide both facts and law.
The Delaware Court of Chancery has achieved national prominence for its expertise in corporate law and business litigation. The court's decisions influence corporate practice nationwide, and the court hears cases involving major national and multinational corporations. Judicial decisions of the Court of Chancery establish important precedent in corporate governance, stockholder rights, and business entity law.
The court comprises multiple judges appointed by the Governor and confirmed by the State Senate. Judges serve 12-year terms. The Court of Chancery maintains offices in Wilmington, Dover, and Georgetown to serve all three Delaware counties.
Superior Court
The Superior Court is the general jurisdiction trial court of Delaware, with authority to hear civil cases, criminal felony prosecutions, and appellate review of limited jurisdiction courts. The Superior Court comprises judges appointed by the Governor and confirmed by the State Senate for 12-year terms.
The Superior Court maintains divisions in Wilmington, Dover, and Georgetown. The court exercises broad jurisdiction over disputes not within the exclusive domain of the Court of Chancery or lower courts.
Limited Jurisdiction Courts
Delaware maintains Court of Common Pleas courts in each county for civil disputes involving smaller amounts and certain criminal misdemeanor matters. These courts have jurisdiction over family law matters including divorce, custody, and child support cases. Justice of the Peace courts handle minor civil disputes and traffic violations.
Judicial Selection
Delaware judges are appointed by the Governor and confirmed by the State Senate. All judges serve fixed terms of 12 years. Delaware does not elect judges to office; the state employs an appointment system for judicial selection rather than popular election.
References