Delaware

Delaware Law Weekly recently published an article discussing how judicial vacancies are filled in Delaware. Specifically, the article focused on the state’s Judicial Nominating Commission (JNC) and whether it is appropriate for members of the JNC to resign and then apply for judicial positions. IAALS's own Malia Reddick spoke to the problems created by a process where this is allowed.

The Delaware Legislature recently passed a resolution requesting a study to examine the possibility of opening Family Court proceedings to the public. Delaware's legislature has shown a long history of interest in opening such proceedings, beginning in 1992. The review must be complete by February 15, 2014.

The Delaware Court of Chancery has amended its Rules regarding discovery, effective January 1, 2013, to "account for modern discovery demands" and to bring the Court’s rules in line with "current practice." The Court has also expanded its Guidelines To Help Practitioners In The Court of Chancery to include guidelines regarding discovery.

Rather than being elected by the voters, Delaware’s judges are appointed by the governor with senate confirmation. Since 1977, Delaware governors have entered an executive order creating a judicial nominating commission to screen applicants and recommend the best qualified candidates. In the wake of several recent judicial appointments, Governor Markell praised this selection process in an online video.

Senate Republicans are questioning whether some recent court appointees changed their party affiliation so that they would be eligible for appointment, and they have proposed a constitutional amendment that would require judicial applicants to have held their party affiliation for at least two years.

The legislature’s creation of two additional judgeships and several retirements are creating a record number of superior court vacancies to be filled. If Governor Markell is reelected in November, he will have a rare opportunity to shape the superior court.

On December 8, 2011, the U.S. District Court for the District of Delaware adopted a new Default Standard for Discovery, Including Discovery of Electronically Stored Information (ESI). This new standard announces the expectation that parties reach cooperative agreements regarding discovery, but applies limited default standards in the absence of such an agreement or court order.