The Delaware Judiciary Creates the Judicial Strategies Committee to Focus on Long-Term Planning for the Delaware Courts
In order to better prepare to meet the challenges of the future, the Delaware Judiciary has created the Judicial Strategies Committee to guide the long-term strategic planning for the State Court System.
The Committee represents a collaborative approach by the Judiciary in that the Committee will not only be comprised of the presiding judges of each of the State’s Courts and court staff but also key legislative leaders and members of the Bar.
With this broad-based membership, the Judiciary hopes to deepen its efforts to work closely with the Bar and the broader community, hear the views of those who use our judicial system, and to anticipate future challenges and propose thoughtful solutions.
Members of the Committee will include the current and immediate past president of the Delaware State Bar Association, the co-chairs of the Delaware Legislature’s Joint Finance Committee, the chairs of the Senate Judiciary Committee and the House Judiciary Committee along with a minority-party member of each of those committees to ensure bi-partisan representation. Additional members may be appointed by the Chief Justice to represent the legal community and other important perspectives.
The Chief Justice will serve as the ex officio chair of the Judicial Strategies Committee, and the co-chairs will be the State Court Administrator along with a member of the Bar appointed by the Chief Justice.
The Committee will be responsible for long-term strategic planning for the Delaware Judiciary, including legislative matters and other emerging trends that affect the Delaware Courts and the justice system in Delaware and will develop policy-oriented solutions.
A Working Group of the Committee will be established to deal with urgent or day-to-day implementation issues related to the work of the Committee.
The Committee, established by a judicial order signed by Chief Justice Leo E. Strine, Jr. on May 21, will go into effect on July 1, 2015, at the conclusion of the current legislative term. A copy of the order can be found here.
Amendments to the Delaware Supreme Court Rules and the Court of Chancery Rules Related to the Delaware Rapid Arbitration Act
To implement aspects of the recently-enacted Delaware Rapid Arbitration Act, 10 Del. C. § 5801 et seq. (“DRAA”), the Delaware Supreme Court and the Court of Chancery have amended their rules. These amendments are effective June 1, 2015.
The Supreme Court has amended Supreme Court Rules 6, 7, 9, and 32. Rule 6 has been amended to include the time for an appeal or cross-appeal of a final award under the DRAA. Rule 7 has been amended to include the procedures for an appeal of a final award under the DRAA. Rule 9 has been amended to clarify the record on appeal of a final award under the DRAA. Rule 32 has been amended to include the procedure for a stay or injunction pending appeal of a final award under the DRAA.
Court of Chancery Rules 96-98 also have been amended. Rule 96 establishes the process for commencing a summary proceeding to appoint an arbitrator under the DRAA in certain circumstances, such as when the parties cannot agree on an arbitrator. Rule 97 governs proceedings under the DRAA to enforce subpoenas, determine an arbitrator’s fees and enter judgment after arbitration. Rule 98 was removed in its entirety and is reserved for future use.
The Supreme Court and Court of Chancery amendments are available on the Rules page.
Delaware Supreme Court Amends Delaware Supreme Court Rule 42 and Official Form L
By an order dated April 30, 2015, the Delaware Supreme Court has amended Supreme Court Rule 42 and Official Form L. These amendments are effective May 15, 2015.
Supreme Court Rule 42 has been rewritten to provide more guidance regarding when the Court will consider an interlocutory appeal. It remains the case that the grant of an interlocutory appeal will be the exception, rather than the rule, and that even if a particular case meets one of the criteria identified in the rule, it does not necessarily mean that an interlocutory appeal will be granted. The Committee and the Court will review the operation of the rule amendments after one year to determine whether further amendment is necessary to discourage meritless applications to the trial court and this Court.
If you have any questions, please contact William S. Montgomery, Supreme Court Administrator, at firstname.lastname@example.org or (302) 577-8742.
The Honorable Collins J. Seitz, Jr. Takes the Oath of Office for Justice of the Supreme Court of Delaware May 1, 2015