2012 Annual Report - Delaware State Courts - State of Delaware

2012Annual Report of theDelaware Judiciary

The names of members of the Delaware Bar are engraved on a placque in the Delware Supreme Court.http://courts.delaware.gov (Delaware Judiciary)http://courts.delaware.gov/AOC/AnnualReports/FY12(2012 Annual Report, Statistical Report of the DelawareJudiciary and additional Delaware Courts backgroundinformation)

TABLE OF CONTENTSA GUIDE TO PROBLEM SOLVING COURTSIN DELAWAREWHAT ARE THEY AND WHAT DO THEY DO?Message from the Chief Justice………………………………………………….. 1Problem Solving Courts.………………………………………………………….. 4Message from the State Court Administrator…………………………………... 8Legislation………………………………………………………………………….. 11Fiscal Overview……………………………………………………………………. 12Introduction to the Delaware Courts…………………………………………….. 16Supreme Court ……………………………………………………………………. 18Court of Chancery…………………………………………………………………. 21Superior Court …………………………………………………………………….. 24Family Court ……………………………………………………………………….. 28Court of Common Pleas…………………………………………………………... 32Justice of the Peace Court ……………………………………………………….. 36

A MESSAGE FROM THE CHIEF JUSTICEThere is a true cost of justice – the risk associated witha governmental system lacking fair and impartialcourts. At a time when the benefits afforded by thecourts' role in enforcing legal protections are mostcritically needed, our courts face serious challengesundermining their ability to enforce the rule of law.When Vice President Joe Biden spoke to the Conferenceof Chief Justices during its meeting in Wilmington,Delaware in 2012, he referred to “American Exceptionalism,”observing that “the truly exceptional aspect ofour American democracy is our deep commitment tothe rule of law in our courts.” He further commentedthat “until nations embrace the rule of law where abusiness can be sure that its intellectual property willbe protected and its citizens are free to speak theirminds, those nations will never fully realize their truepotential.”The risks appear even greater when we consider theenormous value that our courts bring to our governmentalsystem and society. Besides the courts' role asprotector of the rule of law, Delaware courts offer thepractical reward of the substantial revenue brought tothe State of Delaware by business entities, and the relatedeconomic activity generated because businessleaders choose Delaware Courts for determination ofbusiness disputes. Including income and franchisetaxes and fees from business entities, UCC filings, andabandoned property, it is estimated that more than$1.5 billion in FY 2012, representing 40% of the State’soperating budget, can be attributable to the DelawareJudiciary. In addition, the Delaware Courts contributedanother $13.5 million in state revenue in FY 2012through filing fees and costs paid by litigants. An importantresource to ensure compliance with court ordersis the Office of State Court Collections Enforce ‐“Although recent fiscal challenges have placedenormous strains on the Delaware courts andthey have suffered setbacks, they remain undaunted,nimbly adjusting court practices andapproaches to achieve efficiencies and keepcases moving.”Chief Justice Myron T. Steelement. In FY 2012,OSCCE collected $3.6million in outstandingcourt obligations. Recently,OSCCE installedpayment kiosks, startingwith probation and paroleoffices, which offerusers easy access tomake payments on outstandingjudgments.Steps are being taken toexpand access to kiosksto other sites.Problem‐solving courtsprovide a clear exampleof courts’ efforts to reengineerapproaches for Honorable Myron T. Steelebetter solutions. Thesespecialized courts involve courts, government entities,and community organizations to reduce recidivism byholding defendants accountable while making surethey have access to necessary services. Starting 18years ago with the creation of the Superior Court DrugCourt, the Courts in Delaware opted for coordinatedapproaches to addressing specialized needs. With limitedfunding to support these courts, growth has beencarefully directed to meet the highest needs. Today the15 problem‐solving courts in Delaware focus on a myriadof special needs. The newest problem‐solvingcourts include Superior Court’s first Diversionary Veterans’Treatment Court, which Resident Judge and retiredDelaware Army National Guard Colonel, WilliamL. Witham, Jr., oversees, to serve veterans with mentalillness involved in the court system, the Court of CommonPleas’ trauma‐informed probation court to impacthigh recidivism rates for prostitutes and others whohave experienced trauma and violence, and the expansionof the Court of Common Pleas’ Mental Health Courtstatewide. In recognition of the important work ofthose courts, Governor Jack Markell proclaimed May2012 as Problem‐Solving Court Month in the State ofDelaware. In addition, the Justice of the Peace Court isexploring establishing a community court in the City ofWilmington, representing a collaboration between thecourt and the community to provide better access topublic resources, and the Court of Common Pleas is fo‐1 2012 Annual Report of the Delaware Judiciary

cusing on creating a DUI court to address alcoholabuse issues for those charged with driving under theinfluence in that court.Other court initiatives have worked to ensure access tojustice in Delaware for individuals and for small, aswell as large, businesses. Courts focus on projects toexpedite the processing of cases, such as CCP’s SPEEDdocket for expediting civil litigation, its new court proceduresfor consumer debt collection litigation, andthe Justice of the Peace Court’s access to justice initiatives.The Justice of the Peace Court’s Prosecution Projecthas helped decrease time to disposition in trafficcases, with data showing that 43% fewer traffic casesare being transferred from the Justice of the PeaceCourt to the Court of Common Pleas as a result of thisinitiative. The Justice of the Peace Court’s interactiveforms online have been applauded by users for simplifyingthe process of filling out court forms.The Family Court recently implemented a statewidecall center so that all calls to that Court are addressedin an informed and timely manner. And it did so withoutadditional resources – by reengineering its approachto responding to phone calls. It has augmentedits online resources by establishing a resource centeroffering a collection of Court FAQ’s, instruction packets,and official forms online. In addition, the FamilyCourt established a new database, making Delawarethe first state to collect statewide information on nationaldependency and neglect performance measures.Ongoing interbranch initiatives focusing on systemimprovements in FY 2012 included the Racial JusticeImprovement Project, led by Justice Henry duPontRidgely and Chief Judge Alex Smalls, which focuses onenhancing racial and justice fairness in the criminaljustice system, the Delaware Supreme Court TaskForce on Criminal Justice and Mental Health, alsochaired by Justice Ridgely, which continues its work onimproving criminal justice outcomes for persons withmental illness. A new conflict counsel structure wasimplemented in November 2011, to provide benefitsto the justice system by centralizing conflict servicesunder a single agency – the Public Defender’s ConflictCounsel Office. The new structure supports the coordinationof service providers and eliminates potentialethical issues that arise when judges are involved incontracting with conflict attorneys and approving theirfees and expenses in cases before them.We worked closely with the Public Defender’s office toensure that the transition to the new structure wassmooth and acclaim the Public Defender’s thoughtfuland diligent implementation of the program.Delaware Courts, and their judges, continue to be recognizedfor their vital roles and contributions on a nationaland international level. For example, the DelawareSupreme Court and Court of Chancery have retainedpositions, for six years in a row, on the list ofthe Directorship's top 100 most influential players incorporate governance. The Directorship, a leadingmagazine for public company board directors, recognizedthe Delaware Courts for their influential leadershipand commitment to upholding the highest standardsand best practices in corporate governance. Iwas honored to receive the 2012 United States ChamberInstitute of Legal Reform Judicial LeadershipAward and accepted that award on behalf of all of thewomen and men in the Delaware Judicial Branch, whowork with limited resources and take enormous pridein their work product. I am also privileged to serve asthe president of the Conference of Chief Justices, whichis comprised of the chief justices from all states, andthe Chair of the National Center for State Courts Boardof Directors during 2012 – 2013, supporting efforts topromote the effectiveness of state judicial systems.Delaware was honored to host the Conferenceof Chief Justices’s meeting in January, 2012.Chief Justices, spouses, and others from acrossthe country enjoyed an enlightening educationalprogram on “Commercial and Business Law”,and experienced some of Delaware’s finest attractionsduring their visit to Wilmington, Delaware.The Court of Chancery, under the leadership of ChancellorLeo E. Strine, Jr., is focused on enhancing operationalefficiencies and services provided to litigants inthat court. Recent Court of Chancery rule changes enhancepublic access to case filings and improve theprocess for modifying trusts by consent and related toguardianship proceedings.Delaware Courts, with the focus on Superior Courtprocesses, were recently recognized, for the ninth consecutivetime, as the best in the country by the U.S.Chamber of Commerce Institute for Legal Reform.Delaware ranked number one overall and in categoriessuch as judges’ impartiality and competence. In addition,the Superior Court recently celebrated 20 yearsof e‐filing. In 1991, the Superior Court established thefirst electronic docketing and filing system for civilcases in the United States. The Superior Court’s Pro‐2012 Annual Report of the Delaware Judiciary 2

MESSAGE FROM THE CHIEF JUSTICEject Rightful Owner has disbursed $5.25 million sinceits inception in 2007.Delaware Courts have continued to use their limitedresources as effectively as possible. Through theCourts and the Administrative Office of the Courts, wehave worked hard to enhance branch wide coordinationand efficiencies. There is a point, however, no matterhow creative we are, that the resources fail to meetdemand. Judges and court staff continue to amaze mein their ability to find ways to keep the courts movingforward, despite the fiscal challenges that the DelawareCourts have faced in recent years. We cannot, however,continue to manage growing caseloads — up close to20% overall for Delaware Courts in the last 10 years —without additional resources to address unmet needs.The new resources available to the Courts in FY 2013,most importantly, the critically needed two new SuperiorCourt judges and staff in new Castle County, willhelp us begin to fill the deepening chasm between courtresources and needs. We are extremely grateful for thesupport of the members of the Delaware State Bar Association,the Joint Finance Committee, and RepresentativeMelanie Smith, in particular, for their commitmentto funding the new judges.Recent salary increases for state employees – JudicialBranch employees received a 2% increase in January2012 (the first pay increase since 2007) and a 1% increasein July 2012 – represent a small step towardsaddressing rising inflation and benefit costs. Delawarejudges’ national standing based upon judicial compensationcomparisons with other states that competewith us as a center for business disputes resolution hasfallen – as a result of minimal pay increases for alljudges since 2005 when the last Delaware CompensationCommission issued a report. When inflation andincreases during that period are factored in, judges’ payhas eroded by more than $22,000 per judge. Compensationhas been further eroded by rising benefit costs,with health care contributions paid by individual employeesincreasing around 60%, on average, betweenFY 2007 and FY 2012. It is our fervent hope that theDelaware Compensation Commission, when it meets inFY 2013, will conduct an objective assessment of salariesand make progress in addressing fairly both pastpay inadequacies and future financial growth implications.During the times when Hurricane Sandy closed downstate government in Delaware in October 2012, an expeditedappeal was filed with, and decided by, the SupremeCourt. The Justice of the Peace Court kept acourt facility open in each county 24 hours a day duringthat weather emergency to meet the public’s and lawenforcement’s needs. Courts offer core state servicesthat dramatically impact the lives of Delawareans, andothers, every day and especially in times of emergencies.There is a true cost of justice – one with seriousconsequences on individuals and businesses alike – ifcourts, through stagnant funding, are stripped of theirability to manage their operations effectively and toenforce legal protections.SUPREME COURT WATER DAMAGEOn the weekend of November 30 through December 2, 2012, the SupremeCourt in Dover suffered major water damage from a brokenwater pipe. The damage was discovered in the early morning of Monday,December 3, 2012. Despite the damage, heroic efforts were madeto ensure that Supreme Court oral arguments could be held in theCourt that week. Repairs are continuing and anticipated to be completedin early 2013.3 2012 Annual Report of the Delaware Judiciary

A GUIDE TO PROBLEM SOLVING COURTS IN DELAWAREWHAT ARE THEY AND WHAT DO THEY DO?Governor Jack Markell, members of the executivebranch, legislators, and members of the judiciarywere in attendance as Governor Markell declaredMay 2012 Problem‐Solving Courts Month for theState of Delaware. The Governor’s declaration recognizesthe important goal of these courts to reducerecidivism rates and save criminal justice resourcesby holding defendants accountable fortheir actions while ensuring that they have accessto services to support their efforts to become productivetax‐paying citizens.Since its inception in 1994 with the creation of SuperiorCourt Drug Court, problem‐solving courtshave grown and expanded statewide. There arenow over 15 problem‐solving courts in the State ofDelaware. Following is a guide to the various problem‐solvingcourts currently in operation throughoutthe state. Problem‐solving courts facilitate community‐wide partnerships, bringing together publicsafety and healthcare professionals in the treatment of substance abuse and mental illness and the fightagainst criminality.Domestic ViolenceAs part of its continued efforts to provide protection and relief to victims of domestic violence, as wellas ensure treatment and counseling for offenders, Family Court has created a specialized domestic violencecourt. The intention of this specialized court is twofold: to create greater continuity in FamilyCourt cases involving domestic violence and to create a more standardized system of compliance foroffenders. In January 2008, Family Court began conducting Protection from Abuse review hearingswhen a Respondent has not complied with the evaluation and treatment conditions of an active Protectionfrom Abuse order.The Administrative Office of the Courts recently received a 24 month grant from the Office on Violenceagainst Women that will fund the Victim Advocacy and Safety Enhancement project in SuperiorCourt’s Mental Health Court (“MHC”) and the Court of Common Pleas’ Trauma Informed ProbationCourt (“TIP”). This project will support efforts in MHC and TIP to identify and coordinate services forjustice involved victims of domestic violence and/or sexual assault with the goal of addressing the rootcause of the problem that may have led to their involvement with the criminal justice system and reducingrecidivism.Drug CourtsGovernor Jack Markell (seated, second to left), Representative Melanie Smith (seated,second to right), Chief Justice Myron T. Steele (standing, far right), and other judgesand government officials recognized Problem‐Solving Courts Month in May 2012.The Superior Court Drug Court operates statewide. There are two tracks in this program. Track I targetsdefendants who are arrested while on Superior Court probation and charged with a drug offense2012 Annual Report of the Delaware Judiciary 4

A GUIDE TO PROBLEM SOLVWHAT ARE THEY ANDthat does not carry a minimum mandatory sentence. A violation hearing is held to resolve both the newcharges and the violation. If a plea agreement is reached, both a treatment and punishment program isestablished. If the new charge is not resolved by a plea agreement, the court hears the violation hearingand schedules the new charge for trial.Track II (diversion) targets defendants who have no or minimal prior felony convictions and arecharged with a drug offense without a minimum mandatory sentence. A defendant in Track II waives atrial and enters into the diversion program. Diversion defendants appear at a monthly status hearingbefore the Drug Court Judge. If a defendant successfully completes the program, the case is dismissed.The Court of Common Pleas Drug Court (“Drug Diversion”) operates statewide. Drug Diversion targetsdefendants with a minimal criminal history, which does not include a felony or previous drug conviction,who are charged with (1) possession of marijuana; (2) possession of drug paraphernalia; or (3)possession of a hypodermic needle without authority. The program monitors participants for a minimumof 14 weeks (8 weeks for the accelerated track in New Castle County). Upon successful completionof drug diversion, the case is dismissed.The Delaware Legislature added new Section 1010 of Title 10 of the Delaware Code to establish theFamily Court Adjudicated Drug Court Program in 2002. The Adjudicated Drug Court program operatesstatewide. The Delaware Department of Justice refers potential participants to the program. Oncereferred, defendants enter a plea of delinquency and the court orders a substance‐abuse evaluationthrough the Division of Prevention and Behavioral Health. If the child successfully completes the program,the judge or commissioner will vacate the judgment of delinquency six months after programcompletion.DUI CourtAs a result of House Bill No. 378 (signed by the Governor on July 18, 2012), the Court of CommonPleas has begun the work of establishing a DUI Court. To aid in these efforts, the Administrative Officeof the Courts was recently awarded a 30 month grant from the National Highway Traffic SafetyAdministration, Federal Department of Transportation, to establish a State Judicial Outreach LiaisonsOfficer (“State JOL”). The State JOL will assist the Court of Common Pleas in establishing a DUI Court byassisting with its research, coordination, planning, and implementation. In collaboration with otheragencies, the State JOL will also review and develop community outreach programs on matters relatedto traffic safety and impaired driving.Gun CourtThe Family Court established a Gun Court in 2009 to break the repeating cycle of juvenile gun crimeand rehabilitate Delaware’s youth as quickly and effectively as possible. Working in collaboration withthe Department of Justice, the Office of the Public Defender, the Department of Services for Children,Youth and Their Families, and law enforcement, Family Court Gun Court strives to provide a single,streamlined judicial forum to address gun violence, to provide close court monitoring, dispense uniformjustice, and reduce judicial backlog. Since its inception, 355 youth have been through Gun Court5 2012 Annual Report of the Delaware Judiciary

ING COURTS IN DELAWAREWHAT DO THEY DO?and Gun Court has been effective in reducing theaverage number of days from arrest to dispositionby 45 days, resulting in reduced expenses to thestate, as well as more effective and efficient accessto rehabilitative and education services to juveniles.Mental Health CourtsThe Superior Court Mental Health Court offers apost‐adjudication (probation) court statewide, anda diversion court in New Castle County, which isexpanding to Kent County. Although the eligibilityrequirements differ in each county, generally a participantmust have an Axis‐I diagnosis and must notSuperior Court Judge Jan Jurden, court staff and others, involved in the NewCastle County Superior Court Mental Health Court.be convicted of a domestic violence or sexual offense. TheTreatment Access Center (“TASC”) monitors and providescase‐management services for participants. Upon successfulcompletion of the post‐adjudication program, the participant’sprobation is successfully terminated. In the diversionprogram, charges against a defendant are dismissed.Court of Common Pleas Judge Joseph Flickinger III, court staff andothers involved in CCP’s New Castle County Mental Health Court.Judge Flickinger, who was the founder of CCP’s Mental Health Court,recently retired from the bench.The Court of Common Pleas recently expanded its MentalHealth Court statewide. The Court of Common Pleasoffers a diversion program in New Castle County and a diversionand post‐adjudication program in Kent and SussexCounties. To be eligible for the Court of Common PleasMental Health Court, a defendant must have an Axis‐I diagnosis.Program participants receive case‐managementservices and, if successful in the program, may havecharges dismissed or their probation terminated.The Family Court Mental Health Court operates in New Castleand Kent Counties and offers two unique tracks. The firsttrack is a traditional diversion program where defendantsmust have an Axis‐I diagnosis and be approved by the DelawareDepartment of Justice. The second track focuses on childrenwho are deemed incompetent but can be rehabilitated.These children remain under judicial supervision until theyare deemed competent.Family Court Commissioner Loretta Young listening to testimony inMental Health Court in New Castle County.2012 Annual Report of the Delaware Judiciary 6

A GUIDE TO PROBLEM SOLVING COURTS IN DELAWAREWHAT ARE THEY AND WHAT DO THEY DO?Reentry CourtThe New Castle County Superior Court operates a Reentry Court that targets moderate to high‐riskoffenders returning to the community. The court offers two tracks: (1) offenders with multiple violationof probation charges who have a history of violent, weapon, or drug offenses; and (2) offenderswho have committed crimes in, or are returning to, the City of Wilmington and have been incarceratedfor a year or more. These participants receive dedicated TASC case managers, ancillary case managersthrough non‐profits, and dedicated probation officers. Reentry court participants appear regularly infront of the Reentry Court judge for status conferences. Upon successful completion of the program,participants are successfully terminated from probation.Trauma‐Informed Probation CourtThis unique post‐adjudicated court in the New Castle County Court of Common Pleas targets participantswith backgrounds in prostitution or who have a significant trauma background. Participants appearregularly in front of the Court of Common Pleas Commissioner and may receive trauma‐informedtherapy and other dedicated services.Truancy CourtTruancy Court has operated in the Justice of the Peace Court statewide since 1998. Truancy Court isinnovative in its remedial, non‐punitive approach to improving school attendance as opposed to themore disciplinary measures of enforcing the law and mandating change seen in traditional court settings.The court encourages children to become productive citizens in both the classroom and in thehome through regular judicial supervision and partnership with the local school systems.Veteran’s CourtThe Superior Court Veterans’ Treatment Court,which began in Kent County, is designed to assistjustice‐involved veterans with mental illness in obtainingservices and reducing recidivism. The missionof the Veterans’ Treatment Court is to workwith veteran defendants with substance dependencyand/or mental illness who have been chargedwith non‐violent criminal offense(s). Veterans areidentified through specialized screening and assessmentsand voluntarily participate in a judicially supervisedtreatment plan developed by a team ofcourt staff, veteran health care professionals, andveteran peer mentors, among others. On January 2,2013, the first session of the Veterans’ TreatmentCourt in New Castle County, was held.Judge William L. Witham, Jr., court staff and others providing services in theSuperior Court Veterans’ Treatment Court in Kent County.7 2012 Annual Report of the Delaware Judiciary

MESSAGE FROM THESTATE COURT ADMINISTRATORBuilding upon our efforts to support the JudicialBranch in its service to the citizens of Delaware, theAdministrative Office of the Courts, including the JudicialInformation Center and the Office of State CourtCollections Enforcement, embarked on a series of excitinginitiatives during the past year. I would like tohighlight a few of our accomplishments.TRAINING FOR STAFF EXCELLENCEFacing growing workloads and limited resources,court staff has worked hard to keep the courts movingforward. Training has become increasingly importantto support the high quality of services provided by thecourts. Recognizing staff’s time limitations, the AOC isexploring computer‐based training, along with othertypes of training to meet staff training needs. Recently,the AOC’s training team piloted a web‐basedprogram using software training tools. Online orientationtraining is being considered for new court staff.Additionally, planning for a Lunchtime Learning Seriesincluding court‐focused topics such as E‐mail Etiquette,Legal Information vs. Legal Advice, and TimeManagement, is underway.RACIAL AND ETHNIC DIVERSITYDelaware Racial Justice Improvement Project(RJIP): The RJIP, led by Supreme Court Justice HenryduPont Ridgely, continued its efforts to promote fair,efficient, and accountable systems through a grantsponsored by the Bureau of Justice Assistance andAmerican Bar Association. Joined by task force membersincluding the Court of Common Pleas Chief JudgeAlex Smalls, and staffed by the AOC, the task force is inthe final stages of implementing its planned reformensuring that racial disparity does not play a role inviolation of probation cases. Through the work of thetask force, a new bias‐free decision‐making policy, includingguidelines for the imposition of graduatedsanctions, has been adopted by the Probation and ParoleDivision of the Department of Corrections(“DOC”); implicit bias training has been provided forprobation and parole officers; and the DOC case managementsystem is being modified to track the applicationof the graduated sanctions. Educational programson implicit bias have been provided to judges as well.Language Access Program:The DelawareJudiciary’s commitmentto provide language accessservices to litigantswith Limited EnglishProficiency (“LEP”) continuesto be supportedby the AOC’s Court InterpreterProgram. Theprogram has experiencedincreasing demandfor services, withthe service hours increasingby 18% in FY Honorable Patricia W. Griffin2012. In addition tocoordinating the courts’ interpreter services and implementingthe second phase of the court forms’ translationproject, the AOC offered a series of educationalseminars on best practices to the courts and the DelawareBar. A recent highlight was the participation of ateam from Delaware, including AOC staff and judges, inthe National Summit on Language Access in the Courtsin Houston, Texas, which was sponsored by the Conferenceof Chief Justices, Conference of State Court Administrators,National Center for State Courts, and theState Justice Institute. The conference offered the opportunityfor state court leaders across the country toshare successful language access strategies and evidence‐basedpractices, and to devise approaches toimprove access to justice for LEP litigants.SELF‐REPRESENTED LITIGANTS/PROCEDURALFAIRNESSTo address access to justice issues, the AOC has intensifiedits efforts to find innovative ways to meet theneeds of self‐represented litigants, both through enhancedprogramming and strengthened partnerships.Those efforts include:AOC participation in the Delaware State Bar Association’sad hoc Committee on Access to Justicewhich was tasked with promoting access to justicefor all litigants in Court of Common Pleas consumerdebt collection matters. The Committee’srecommendations on revisions to the AdministrativeDirective on Consumer Debt Collection Actions2012 Annual Report of the Delaware Judiciary 8

ADMINISTRATIVE OFFICE OF THE COURTSwere approved and adopted by the Court of CommonPleas.Expansion of the AOC’s Limited Legal AssistanceProgram for court litigants by adding new volunteerattorneys and issuing a monthly programnewsletter, as well as plans to include volunteerparalegal assistance for litigants, extend the hoursof the program, and enhance the program’s offeringfor Spanish speaking litigants. The success ofthe program is evidenced by last year's survey resultsshowing that 100% of participants were satisfiedwith the program overall.Howard High School of Technology Mock Trial Participants.COMMUNITY OUTREACHCommunity outreach through the expansion of civicseducational opportunities was the cornerstoneof this year’s programming. The AOC supportedthe iCivics project, jointly sponsored by the DelawareSupreme Court, the Women and the Law Sectionof the Delaware State Bar Association, and theDelaware Paralegal Association. Through the leadershipof Supreme Court Justice Randy Hollandand Superior Court Judge Jan Jurden, 250 attorneys,judges, law students, and paralegals visitedapproximately 127 public elementary and middleschools throughout the state in conjunction withLaw Day 2012. ICivics, a web‐based program allowingstudents to role play their rights and responsibilitiesas citizens of our constitutional democracy,was founded in 2009 by retired U.S. SupremeCourt Justice Sandra Day O’Connor to promotecivic understanding and participation amongyoung Americans.The Delaware Mock Trial High School Competition,sponsored by the Delaware Supreme Court and theDelaware Law Related Education Center, and supportedby the AOC, experienced another successfulyear. Months of polishing opening statements andclosing arguments, sharpening rhetorical skills,and mastering the rules of evidence were put tothe test in February 2012, when 24 high schoolscompeted in the 21st Delaware Mock Trial competition.For the sixth consecutive year, the AOC facilitateda visit of Delaware teachers enrolled in the Universityof Delaware’s Democracy Project Institute forTeachers to the Delaware Supreme Court and theNew Castle County Courthouse.Another FY 2012 highlight was the AOC’s SummerYouth Program. Through the efforts of Robin Jenkins,AOC’s Manager of Support Services, the programhas grown dramatically – with 46 children,mostly from the foster care system, participatinglast summer statewide. Program participants receivevaluable work experience and learn newskills that they can apply to school and everydaylife.Other efforts included hosting tours of the NewCastle County Courthouse for various school andcommunity groups, coordinating Youth Forums inwhich middle school students visit the courthouse,participate in a mock trial, learn about the courtsystem, and supporting the Miracle on 34 th Streetholiday production at the courthouses statewidefor school children.Former Chief Justice Norman E. Veasey presenting on iCivics duringLaw Day 2012.Training: The AOC supported several statewide problem‐solvingcourts’ training initiatives on best practices,including:9 2012 Annual Report of the Delaware Judiciary

As one of four states selected to participate in aBureau of Justice Assistance grant, the AOC providedinstruction to judicial officers and staff on apilot curriculum targeted at best practices formental health courts.The AOC helped coordinate the Superior Court’sVeterans’ Court training seminar for potential volunteermentors, which trained veteran mentors toassist justice‐involved veterans.The AOC conducted presentations by the Directorof the Division of Substance Abuse and MentalHealth, the Assistant Director for the CommunityMental Health and Addiction Services Division,among others, on topics related to mental illness,to the Judicial Conference, Superior Court judges,and Court of Common Pleas Drug Diversion programstaff.Community Court: The AOC is working with the Justiceof the Peace Court to establish a community courtin the City of Wilmington. Community courts focus onaddressing the public safety needs of a specific locality.Grants: Efforts by the AOC to coordinate grant requestinitiatives across the courts proved successful inattracting federal dollars to support Judicial Branchprograms targeted at reducing recidivism and increasingpositive outcomes. Examples include:Office of Violence Against Women (“OVW”): TheOVW recently awarded the AOC a grant aimed atassisting justice‐involved victims of sexual assaultand domestic violence in both the Superior CourtMental Health Court and the Court of CommonPleas Trauma‐Informed Program.National Highway Traffic Safety Administration(“NHTSA”): The AOC received a grant from NHTSAto provide a liaison for the Delaware Judiciary(“JOL”) in the areas of impaired‐driving, DUI Court,and traffic safety. Besides assisting the Court ofCommon Pleas with developing a DUI court, consistentwith a recent legislative mandate, the JOLwill develop a community outreach program toprovide public and judicial education related toimpaired driving and traffic safety.MEASURING PERFORMANCEExpanding demand in the face of limited resources requiresthat courts assess performance to maximizesystem efficiencies. Through a partnership betweenthe AOC and the University of Delaware, AOC and courtstaff participated in a series of process improvementworkshops this summer with the goal of learning newapproaches to streamline and improve systems. Additionally,ongoing process improvement serves as anintegral part of the Delaware Courts Automation Project,the courts’ case management modernization project.Security InitiativesCyber Security: The Judicial Information Center,in conjunction with the Department of Technologyand Information, launched an initiative in 2012 toeducate state computer users about cyber crimeand proper security measures.Continuity of Operations Planning: A New CastleCounty Court House (“NCCCH”) space study wascompleted this year to assist the courts in addressinggrowing space inadequacies within theNCCCH.Court Security/Facility: On behalf of the NCCCHCourts’ Operations Policy Committee, the AOCworked with Facilities Management and the UnitedStates Marshal to update the security study completedby the U.S. Marshal in 2005.COURT COLLECTIONSThe AOC’s Office of State Court Collections Enforcement(“OSCCE”) focused on efforts to improve its operationalefficiency through the installation of five paymentkiosks at Probation and Parole offices for courtfines and Department of Correction supervision fees,and specialized collection efforts for the courts. OSCCEcollected $3.6 million for the courts and agencies in FY2012, including tax intercepts totaling $229,000.INFORMATION TECHNOLOGYThe Judicial Information Center ("JIC") in the AOC experiencedtremendous change and growth in its managementand direction in 2012. During the past year,JIC focused on: staffing critical managerial positionsincluding training, business solutions, helpdesk, andenterprise architect; enhancing staff skills; implementingcritical systems stabilization and infrastructureimprovements (hardware and software); improvingbusiness process analysis and helpdesk support andperformance; and providing technical leadership to,and continued support of, the Delaware Courts AutomationProject.2012 Annual Report of the Delaware Judiciary 10

LEGISLATIONThe Judiciary’s legislative team brings together representativesof the Courts and the Administrative Office ofthe Courts to enhance the effectiveness of the JudicialBranch’s relationship with the General Assembly byserving as the main Judicial Branch contact for legislativematters and by monitoring and analyzing legislationfor impact on the Judiciary. The following legislationaffecting the Judicial Branch was passed during FY2012 by the 146th session of the General Assembly:BILL NUMBERDESCRIPTIONSB 37SB 221SB 232HB 108HB 252HB 266First Leg of Constitutional Amendment permitting a Justice of the Peace CourtJudge to be reappointed for eight terms after completing three successful termsof office.First Leg of Constitutional Amendment that would add United States BankruptcyCourts to the list of entities that may certify questions of law to the DelawareSupreme Court.Grants permission to the Family Court and the Court of Common Pleas to temporarilyassign retired commissioners to active duty.Provides that a violation of 21 Del. C. § 4172 is exempted from those motor vehicleoffenses that are subject to voluntary assessment. Section 4172 providesfor enhanced penalties, including suspension of license, and is consistent withmotor vehicle violations currently exempted from voluntary assessment. It retainsthe option of probation before judgment for this offense.Removes the two-year sunset provision from the amendment of Title 10, Section1007 of the Delaware Code, signed into law on July 12, 2012 so that the amendmentmay remain in place. The amendment was a product of the joint effort ofthe agencies of the Juvenile Justice Collaborative and aims to reduce the unwarranteddetention of juveniles and provide meaningful alternatives to detention.Authorizes the Clerk of the Justice of the Peace Court to verify the final dispositionof a case when a fine should be refunded.HB 272Changes the residency requirement of the Chief Investigative Services Officerfrom a county residency requirement to a state residency requirement.11 2012 Annual Report of the Delaware Judiciary

FISCAL OVERVIEWSUMMARY OF JUDICIAL BUDGETS ‐ FISCAL YEARS 2011‐2013GENERAL FUNDS ‐ State Judicial Agencies and BodiesFY 2011 FY 2012 FY 2013Enacted Budget Enacted Budget Enacted BudgetSupreme Court $ 3,126,900 $ 3,239,400 $ 3,296,800Court of Chancery 3,002,500 3,122,500 3,081,700Superior Court 21,152,600 22,323,300 23,431,500Family Court 18,590,300 19,725,300 20,052,800Court of Common Pleas 8,971,600 9,433,600 9,725,100Justice of the Peace Court 16,611,700 17,413,800 17,682,500Administrative Office of the Courts(AOC) 3,475,000 3,449,100 3,612,100AOC Custodial Pass Through Funds* 5,471,300 5,655,200 3,043,700Office of State Court Collections Enforcement538,300 533,600 541,000Information Technology** 3,448,200 3,617,800 3,662,600Law Libraries 451,700 461,300 463,600Office of the Public Guardian 482,900 512,400 537,600Child Placement Review Board 491,900 514,600 521,300Office of the Child Advocate 826,600 867,500 898,200Child Death, Near Death, and StillbirthCommission 393,400 414,800 420,500DE Nursing Home Residents QualityAssurance Commission 54,800 59,000 59,800TOTAL $ 87,089,700 $ 91,343,200 $ 91,030,800* These programs are included in AOC funding but are shown separately because they are pass through funds. They include the Court AppointedAttorney Programs, Interpreters, Victim Offender Mediation Program, Elder Law Program, and DCAP. In November 2011, the Conflict AttorneysProgram was transferred to the Office of the Public Defender.**Information Technology also refers to the Judicial Information Center.Source: Administrative Office of the Courts2012 Annual Report of the Delaware Judiciary 12

FISCAL OVERVIEWCOURT GENERATED REVENUE* ‐ FISCAL YEAR 2012SUBMITTED TO THE STATE GENERAL FUNDFees & Costs Fines Interest Miscellaneous TotalSupreme Court $ 98,600 $ ‐ $ ‐$‐$ 98,600Court of Chancery 8,800 ‐ ‐8,800‐Superior Court 3,209,400 335,000 1,500 235,600 3,781,500Family Court 353,600 48,100 ‐ 9,600 411,300Court of Common Pleas 2,932,400 566,900 ‐ 122,900 3,622,200Justice of the Peace Court 2,587,900 2,300,900 ‐ 1,600 4,890,400Office of State Court CollectionsEnforcement (OSCCE)**300 9,000 9,300OSCCE ‐ DOC Fees*** 715,500 ‐ ‐ ‐ 715,500State Total $ 9,906,500 $ 3,259,900 $ 1,500 $ 369,700 $ 13,537,600SUBMITTED TO COUNTIES AND MUNICIPALITIESFees & Costs Fines Interest Miscellaneous TotalSuperior Court $ 114,300 $ 40,700 $ ‐ $ ‐ $ 155,000Court of Common Pleas 1,800 766,800 ‐ ‐ 768,600Justice of the Peace Court ‐ 3,239,100 ‐ ‐ 3,239,100Counties and MunicipalitiesTotal$ 116,100 $ 4,046,600 $ ‐$‐$ 4,162,700GRAND TOTAL $ 10,022,600 $ 7,306,500 $ 1,500 $ 369,700 $ 17,700,300* Figures represent only revenue actually received, not the total amount of fines and costs assessed.**The figures shown for the Office of State Court Collections Enforcement (OSCCE) in this row reflect fees, costs, and fines for cases that havebeen closed by Family Court. OSCCE also collects fees, costs, and fines for current cases for Superior Court and the Justice of the Peace Court.Amounts collected by OSCCE on behalf of Superior Court and the Justice of the Peace Court are included in the figures for these courts. Seealso the OSCCE table on page 14 for amounts collected by OSCCE for each court.*** OSCCE collected supervision fees on behalf of the Department of Correction (DOC).Source: Administrative Office of the Courts13 2012 Annual Report of the Delaware Judiciary

FISCAL OVERVIEWCOURT GENERATED REVENUE ‐ FISCAL YEAR 2012RESTITUTION ‐ FISCAL YEAR 2012Assessed Collected Disbursed*Superior Court $ 9,185,100 $ 2,205,700 $ 2,750,900Family Court 83,900 239,700 241,600Court of Common Pleas 757,900 674,000 686,400Justice of the Peace Court 51,400 63,600 27,600Office of State Court CollectionsEnforcement**‐ 80,500 57,900RESTITUTION TOTAL $ 10,078,300 $ 3,263,500 $ 3,764,400ASSESSMENTS AND COLLECTIONS FOR THE TRANSPORTATION TRUST FUNDAssessed CollectedSuperior Court $ 448,900 $ 76,100Family Court 7,200 7,300Court of Common Pleas 871,100 529,100Justice of the Peace Court 3,089,600 2,635,000TRANSPORTATION TRUSTFUND TOTAL$ 4,416,800 $ 3,247,500COLLECTIONS BY THE OFFICE OF STATE COURT COLLECTIONS ENFORCEMENTON BEHALF OF COURTS AND AGENCIES**TotalSuperior Court $ 2,661,900Family Court 80,800Justice of the Peace Court 137,500Department of Correction 715,500OSCCE ‐ TOTAL COLLECTIONS $ 3,595,700*The amount disbursed is greater than the amount collected for Superior Court, Family Court, and Court of Common Pleasbecause some funds collected in FY 2011 were disbursed in FY 2012.**The figures shown in this table for the Office of State Court Collections Enforcement (OSCCE) reflect restitution onlyfor cases that have been closed by Family Court. OSCCE also collects restitution on current cases for Superior Courtand the Justice of the Peace Court. Amounts collected by OSCCE on behalf of those courts are included in the restitutionfigures for those courts.*** In FY 2012, OSCCE collections included amounts submitted to the general fund, amounts submitted to non-general fundrecipients, and restitution. Amounts collected by OSCCE on behalf of all courts, except Family Court, are also included ingeneral fund and restitution figures for those courts.Source: Administrative Office of the Courts2012 Annual Report of the Delaware Judiciary 14

FISCAL OVERVIEWGENERAL FUND APPROPRIATIONS ‐ FISCAL YEAR 2012Public Education $1,109,671,900 31.64%Health and Social Services 997,995,100 28.44%Correction 254,733,400 7.26%Higher Education 213,193,700 6.08%Children, Youth and Their Families 130,686,600 3.72%Safety and Homeland Security 130,941,400 3.73%Judicial Branch 91,343,200 2.60%All Other 579,994,800 16.53%TOTAL $3,508,560,100 100%JUDICIAL APPROPRIATIONS* ‐ FISCAL YEAR 2012Justice of the Peace Court$17,413,800 ‐ 19.06%Other**$2,368,300 ‐ 2.59%Supreme Court$3,239,400 ‐ 3.55%AOC$3,449,100 ‐ 3.78%AOC Pass Thru Funds$5,655,200 ‐ 6.19%Judicial InformationCenter$3,617,800 ‐ 3.96%Off. of St. Ct. Coll.Enforcement$533,600 ‐ 0.58%Court of Chancery$3,122,500 ‐ 3.42%Family Court$19,725,300 ‐ 21.59%Superior Court$22,323,300 ‐ 24.44%Court of Common Pleas$9,433,600 ‐ 10.33%Law Libraries$461,300 ‐ 0.51%*General Fund Appropriations.**Other: Office of the Public Guardian; Child Placement Review Board; Office of the Child Advocate; Child Death, Near Death & Stillbirth Commission; andDelaware Nursing Home Residents Quality Assurance Commission.Source: Administrative Office of the Courts15 2012 Annual Report of the Delaware Judiciary

INTRODUCTION TO THEDELAWARE COURT SYSTEMThe Delaware Judicial Branch consists of the SupremeCourt, the Court of Chancery, the Superior Court, theFamily Court, the Court of Common Pleas, the Justice ofthe Peace Court, the Administrative Office of theCourts, and related judicial agencies.In terms of interrelationships among the courts, theDelaware court system is similar to a pyramid. The Justiceof the Peace Court represents the base of the pyramidand the Supreme Court the apex of the pyramid.As a litigant goes upward through the court systempyramid, the legal issues generally become more complexand thus, more costly to litigate. For this reason,cases decided as close as possible to the entry level ofthe court system generally result in cost savings in resourcesused to handle the matters and in speedierresolution of the issues at hand.The Justice of the Peace Court, the initial entry levelinto the court system for most citizens, has jurisdictionover civil cases in which the disputed amount does notexceed $15,000. In criminal cases, the Justice of thePeace Court hears certain misdemeanors and mostmotor vehicle cases (excluding felonies) and the Justicesof the Peace may act as committing magistratesfor all crimes. Appeals from the Justice of the PeaceCourt may be taken to the Court of Common Pleas.The Court of Common Pleas has jurisdiction in civilcases where the amount in controversy, exclusive ofinterest, does not exceed $50,000. In criminal cases,the Court of Common Pleas has jurisdiction over allmisdemeanors except certain drug‐related offenses. Italso handles motor vehicle offenses (excluding felonies).In addition, the Court is responsible for preliminaryhearings in felony cases. Appeals may be taken tothe Superior Court.The Family Court has exclusive jurisdiction over virtuallyall family and juvenile matters. All civil appeals,including those relating to juvenile delinquency, godirectly to the Supreme Court while criminal cases areappealed to the Superior Court.The Superior Court, Delaware’s court of general jurisdiction,has original jurisdiction over criminal and civilcases except equity cases. The Court has exclusive jurisdictionover felonies and almost all drug offenses. Incivil matters, the Court’s authority to award damagesis not subject to a monetary maximum. The SuperiorCourt also serves as an intermediate appellate court byhearing appeals on the record from the Court of CommonPleas, the Family Court (in criminal cases), and anumber of administrative agencies. Appeals from theSuperior Court may be taken on the record to the SupremeCourt.The Court of Chancery has jurisdiction to hear all mattersrelating to equity. The litigation in this tribunaldeals largely with corporate issues, trusts, estates,other fiduciary matters, disputes involving the purchaseof land, and questions of title to real estate, aswell as commercial and contractual matters. The Courtof Chancery has a national reputation in the businesscommunity and is responsible for developing case lawin Delaware on corporate matters. Appeals from theCourt of Chancery may be taken on the record to theSupreme Court.The Supreme Court receives direct appeals from theCourt of Chancery, the Superior Court, and the FamilyCourt. As administrative head of the courts, the ChiefJustice of the Supreme Court, in consultation with theother justices, sets administrative policy for the courtsystem.The Administrative Office of the Courts, including theJudicial Information Center and the Office of the StateCourt Collections Enforcement, provides services tothe Delaware Judiciary that are consistent with thestatewide policies and goals for judicial administrationand support operations established by the SupremeCourt.Other state agencies associated with the Delaware JudicialBranch include: Child Placement Review Board;Law Libraries; Office of the Public Guardian; Office ofthe Child Advocate; Child Death, Near Death, and StillBirth Commission, and the Nursing Home ResidentsQuality Assurance Commission.2012 Annual Report of the Delaware Judiciary 16

SUPREMECOURTIn Fiscal Year 2012, the Delaware Supreme Courtreceived 757 appeals and disposed of 747 appealsby opinion, order, or dismissal. On average,the appeals were decided 29.7 days from the dateof submission to the date of final decision. In99.1% of the appeals decided in FY 2012, theCourt met the standard of the Delaware Judiciaryfor deciding cases within 90 days of the date ofsubmission for decision. Based on the AmericanBar Association’s Standards Relating to AppellateCourts, the Court set a performance measure forthe disposition of 75% of all cases within 290days of the date of the filing of the notice of appeal.The Court exceeded this objective by disposingof 86.2% of all cases within the 290 daystimeframe. The Court set another performancemeasure for the disposition of 95% of all caseswithin one year of the date of the filing of the noticeof appeal. The Court disposed of 92.8% of allcases within this one year timeframe.NUMBER OF SUPREME COURT FILINGSBY TYPE FY 2012OriginalApplications28Civil Appeals330Boards*12 Other6CriminalAppeals381*Includes Bd. on Prof. Resp., Bd. of Bar Examiners & Bd. on the Un. Prac.Under Administrative Directive No. 179 dated December22, 2011, a judge is no longer required toNUMBER OF SUPREME COURT FILINGSBY COURT OF ORIGINATION FY 2012Family Court106Non‐CourtOriginated46Court ofChancery53SuperiorCourt 552file a report of marriage ceremonies performedby that judge with the Administrative Office of theCourts. A judge officiating a marriage or civil unionceremony is responsible for maintaining acopy of the original marriage or civil union form,pursuant to 13 Del.C. §§114 and 209. Under AdministrativeDirective No. 180 dated May 21,2012, a hiring review process remains in effect,which requires that no positions may be filledwithin the Judicial Branch, including all newhires, promotions, paid interns, casual/seasonal,temporary, limited‐term, merit and exempt positions,without prior approval of the Chief Justice.Career ladder promotions are not included in thisprocess.Chief Justice Myron T. Steele hosted the 2012Midyear Meeting of the Conference of Chief Justices(CCJ) in Wilmington, Delaware in January.Chief Justice Steele began his term as President ofthe CCJ in August 2012. This was the first timethat Delaware has hosted the full Conference ofChief Justices. The Conference of Chief Justices17 2012 Annual Report of the Delaware Judiciary

SUPREME COURTSUPREME COURT FILINGS & DISPOSITIONSBY FISCAL YEAR90080070060050040030020010002003 2004 2005 2006 2007 2008 2009 2010 2011 2012Filings 681 564 583 688 666 670 685 770 714 757Dispositions 726 586 554 655 668 661 705 724 760 747was founded in 1949 to provide an opportunityfor the highest judicial officers of the states tomeet and discuss matters of importance in improvingthe administration of justice, rules andmethods of procedure, and the organization andoperation of state courts and judicial systems,and to make recommendations and bring aboutimprovements on such matters. Attendees fromacross the country participated in the four‐dayconference which included a dynamic educationprogram focusing on “Commercial and BusinessLaw” with renowned speakers and panelistsfrom the United States and abroad.The Delaware Courts, criminal justice agencies,and others were recognized for their leadershipin efforts to implement racial and justice fairnessinitiatives during a conference sponsored by theBureau of Justice Assistance (BJA) and theAmerican Bar Association (ABA) on October 21‐22, 2011 in Washington, D.C. In September2010, Delaware was selected as one of fourstates to receive a two‐year Racial Justice ImprovementProject (RJIP) grant sponsored by theBJA and ABA as a part of the ABA’s program tosupport state criminal justice systems in effortsto enact key practices to promote fair, efficient,and accountable systems. Representatives of thejurisdictions receiving the ABA grants attendedthe Conference to review progress midwaythrough the grant period. The Delaware RJIP initiativeis led by Supreme Court Justice Henry du‐Pont Ridgely, with task force members includingChief Justice Alex Smalls of the Court of CommonPleas; Peggy Bell, Executive Director of DelawareCriminal Justice Information System (DELJIS);Public Defender Brendan O’Neill; Colonel RobertCoupe, Delaware State Police Superintendent;Curt Shockley, the Director of Probation and Parole;Attorney General Joseph R. Biden, III; DrewryN. Fennell, Esquire, Executive Director of theCriminal Justice Council; community representativeJanet Leban, Executive Director of DelawareCenter for Justice; State Court AdministratorPatricia W. Griffin, Esquire and Task Force Facilitator;Amy A. Quinlan, Esquire, Deputy StateCourt Administrator.As part of this year’s Law Day initiative, judges,attorneys, law students, and paralegals visitedapproximately 127 public elementary and middleschools in New Castle County, Kent County,and Sussex County. Law Day, which marks theUnited States of America’s commitment to therule of law, was established in 1958. This year’sinitiative introduced elementary and middleschool students to iCivics, a web based programthat allows students to explore and exercise,2012 Annual Report of the Delaware Judiciary 18

SUPREME COURTSUPREME COURT FY 2012AVERAGE NUMBER OF DAYSOther 26.8FROM FILING TOAdvisory Opinions 0.0DISPOSITION Boards BY 64.2 CASE TYPEOriginal ApplicationsCertificationsCivil AppealsCriminal Appeals53.8163.5164.5181.80.0 50.0 100.0 150.0 200.0through role play, their rights and responsibilitiesas citizens of our constitutional democracy. Theprogram provides students with the ability to participatein all three branches of government. Byplaying these games, children will develop a betterappreciation of the role and function of eachbranch of government, the separation of powers,and the need for an independent judiciary. iCivicsis aligned to state and national educational standardsand has been recognized by Delaware’s Departmentof Education. iCivics was founded in2009 by retired U.S. Supreme Court Justice SandraDay O’Connor to promote civic understanding andparticipation among a new generation of youngAmericans. The initiative was sponsored by theDelaware Supreme Court iCivics Pro Bono Project;Justice Randy J. Holland, Delaware Chair foriCivcs; the Women and the Law Section led byLaina Herbert, Esquire, Women and the Law SectionChair; Superior Court Judge Jan R. Jurden; andthe Delaware Paralegal Association, with assistancefrom the Administrative Office of the Courts.During the past fiscal year, 3,966 Delaware lawyersfiled Annual Registration Statements with theCourt pursuant to Supreme Court Rule 69. TheCourt implemented a new electronic system forDelaware lawyers to file their Annual RegistrationStatements, Certificates of Compliance, and ProHac Vice Renewals. The Court continues to grantDelaware Certificates of Limited Practice to inhousecounsel pursuant to Rule 55.1 and DelawareCertificates of Limited Practice as a ForeignLegal Consultant pursuant to Rule 55.2.Supreme Court Justices:Front Row (sitting left to right)Justice Randy J. HollandChief Justice Myron T. SteeleJustice Carolyn BergerBack Row( standing left toright)Justice Henry duPont RidgelyJustice Jack B. Jacobs19 2012 Annual Report of the Delaware Judiciary

COURT OF CHANCERYDuring the last decade, theCourt of Chancery began twoimportant initiatives to enableit to continue to deliver timely,cost‐effective justice in the faceof increasing caseloads, theenormous growth in the evidentiaryrecords of many cases dueto technology such as smartphones and tablets that generatehuge amounts of discoverableevidence, and limited statebudget growth. One initiativewas electronic filing, which reducesthe cost of storing paperrecords and allows the courtand its litigants to process casesmore efficiently. The other wasa constitutional amendment to make the Court’sclerk, the Register In Chancery, an effectivestatewide unit, directly accountable to the Courtand operating consistently in each County,rather than three separate units operating underthree different sets of policies under three separateelected officials.Capitalizing on change of that kind takestime. In the last year, the Court has undertakenimportant steps to make further gains fromthese initiatives. In terms of e‐filing, the Court,with the leadership of the Register of Wills inNew Castle County, is implementing an initiativethat requires electronic filing of all Court ofChancery cases filed in the New Castle CountyRegister of Wills. The Court is in the midst ofimplementing that change and has initiated conversationswith the Registers of Wills in Kentand Sussex County, with the goal of having allcases in Chancery e‐filed by the end of2013. This will provide consistency and efficiencyfor practitioners, reduce storage costsand pressures to add staff, and limit the fiscalimpact of an aging populationand a resulting growth in thenumber of trust and estatecases on the Court and the Registerof Wills’ offices.Likewise, the Court has takenimportant steps this past yearto truly make the Register InChancery a cohesive statewideunit. A step‐by‐step manualwas developed to aid courtroomclerks in preparing for,handling, and completing theirtrial‐related duties, a manualthat now is used in all counties.Statewide standards forChancellor Leo E. Strine, Jr.case management have beenput in place, outlining the responsibilities forcase managers and their relationship with chambers,and a case management manual has beencompleted, which provides staff with useful informationabout expectations and guidanceabout how to meet those expectations. Similarly,an effort is underway to make sure thatguardianship and trusts and estates cases arehandled in a consistent way in each county, andNUMBER OF COURT OFCHANCERY FILINGS BY TYPE FY2012Miscellaneous667Estate2,469Civil1,1132012 Annual Report of the Delaware Judiciary 20

COURT OF CHANCERY7,0006,0005,0004,0003,0002,0001,000COURT OF CHANCERY FILINGS & DISPOSITIONSBY FISCAL YEAR02003 2004 2005 2006 2007 2008 2009 2010 2011 2012Filings 3,935 4,122 4,221 4,057 4,142 4,027 4,122 4,184 4,276 4,249Dispositions 3,452 3,391 3,457 4,200 3,567 4,457 3,500 3,724 4,281 6,032that employees are provided with better guidanceabout their responsibilities. To aid this project, anew subcommittee of the Court’s Rules Committeewas formed, adding distinguished practitionersin the fields of guardianship and trusts andestates to help improve the process for handlingthese sensitive and important matters. In sum, nolonger is each Register In Chancery office a separateunit, rather there is one Register In Chanceryunit working to marshal its resources to addressin the most effective way the Court’s caseload, regardlessof the county of filing. That was a goal ofChancellor Chandler when he led the effort to endthe elected Register In Chancery system, and weare committed to obtaining its full benefits for theState. Although there is a good deal of work thatremains to be done, the progress made in the lastyear has been considerable, and has been seen insharp increases in cases disposed of during 2012.As the Court moves forward, we are continuing tolook for ways to better serve our litigants’ needsin a cost‐effective way. To make the Court’s processesmore understandable, the Court is endeavoringto develop a complete list of operating proceduresthat will be available on its website. Thiswill put in one place those procedures that litiantsshould know about, but which are not appropriatefor inclusion in the Court’s Rules of Procedure,and will eliminate the need for litigants to be familiarwith various standing orders.Consistent with making information about theCourt’s processes more readily accessible, in concertwith our Rules Committee, the Court has alsodeveloped useful guidance for litigants practicingin the Court. This guidance is designed to helppractitioners process cases more cost‐effectivelyand to focus more on the merits, and less oncostly, procedural jousting. Important work isnow underway to supplement this guidance withspecific guidance addressing the area of practicethat most vexes practitioners ‐ discovery ‐ andthat guidance should be available by the end of2012.Through these efforts, the Court hopes that it willgive practitioners, litigants, and the public threebasic, reliable, up‐to‐date sources to consult aboutpractice in the Court: the formal Rules of Procedure;a set of up‐to‐date operating procedures;and guidelines that make helpful, non‐bindingsuggestions for effective practice before theCourt.21 2012 Annual Report of the Delaware Judiciary

COURT OF CHANCERYThe goal of all these efforts is to ensure that theCourt of Chancery and its bar continue the traditionof being able to resolve the important caseswithin the Court’s jurisdiction in a timely and effectiveway.Court of Chancery :Front row (sitting left to right)Vice Chancellor John W. NobleChancellor Leo E. Strine, Jr.Vice Chancellor Donald F. Parsons, Jr.Back row (standing left to right)Vice Chancellor J. Travis LasterVice Chancellor Sam Glasscock, III2012 Annual Report of the Delaware Judiciary 22

SUPERIOR COURTIn February, FY12, Superior Courtwelcomed its new Chief Staff Attorney,Linda M. Carmichael, whowas formerly with the Departmentof Justice. In addition to herresponsibilities to the PresidentJudge and the other judges in allthree counties, Ms. Carmichael isalso a part of the Judiciary's Legislativeteam.In Kent County, a chain reactionin administration occurred. JoeKlenoski retired as the Court'sDeputy Court Administrator onMarch 3, 2012. On April 11, Lisa M. Robinson, formerProthonotary, was appointed as the DeputyCourt Administrator. Annette Ashley, former DeputyProthonotary, was appointed to the positionof Prothonotary on June 14.June 14, was the one‐year mark for the grandopening of the Kent County Courthouse. The newcourthouse seems like home now. The renovationsto the old Courthouse should be completedby FY13, and we look forward to the opening ofour renovated old courthouse. This year, SussexCounty Courthouse completed its project to coverthe jurors' entrance to the courthouse. Jurors arenow protected from the elements as they file intothe building. Dry jurors are happier jurors.NUMBER OF SUPERIOR COURTFILINGSBY TYPE FY 2012President JudgeJames T. Vaughn, Jr.At the New Castle County Courthouse(NCCCH), Superior Court added to itscomplement of high‐tech courtrooms.There are now nine high‐‐tech courtrooms, and seven remainto be updated in the future. A SpaceStudy for all the courts in the NCCCHwas undertaken this year. All thecourts have been involved in theplanning, and we all look forward tohaving more workspace and courtrooms.The workload in both criminal andcivil has shifted somewhat this year.On the criminal side, our problem‐solving courtshave been in the spotlight and, in some instances,have become the standard for such courts. We arevery proud of our problem solving courts, andthey are proving to be successful in meeting veryreal needs in the community. Our four problem‐‐solving courts are Drug Court, Mental HealthCourt, Reentry Court, and Veteran's Court.The focus of these courts centers on the work andtime our judges, staff, and volunteers devote tohelp people with special needs. These are peoplecaught up in the criminal justice system becausethey have problems that were not getting treatment.As a result, their rate of recidivism washigh. The goals of problem solving courts are totake these people out of the system, to reduce cycleof recidivism, and to increase the help neededto get them re‐acclimated into society. Assistanceis available to help to find them places to work,somewhere to live, and give support systems tohelp sustain them.Civil12,430Criminal8,186Our civil side has seen a shift in our workload aswell. On September 21, 2011, Governor Markellsigned House Substitute 1 for House Bill 58 whichestablished the Automatic Residential Mortgage23 2012 Annual Report of the Delaware Judiciary

SUPERIOR COURTNUMBER OF SUPERIOR COURTCRIMINAL FILINGS BY TYPE FY 2012Information 2,680Rule 9Warrant319Other*27*Includes appeals, transfers, reinstatements &Indictment5,160Foreclosure Mediation Program (the "MediationProgram"). The Superior Court first established aMortgage Foreclosure Program pursuant to AdministrativeDirective 2009‐3. That originalMortgage Foreclosure Program was modified byAdministrative Directive 2011‐2, which was subsequentlyexpanded by the passage of House Substitute1 for House Bill 58. The present MediationProgram is set forth in Administrative Directive2012‐2.NUMBER OF SUPERIOR COURTCRIMINAL DISPOSITIONS BY METHOD FYConsolidation 419 2012467Dismissal 1095Nolle Prosequi 1,2545,714Trial1540 2,000 4,000 6,000*First Offender Program.The goal of the Mediation Program is to encouragethe parties to a foreclosure action to meet andconsider a possible resolution which may permitthe homeowner to continue to own the home.Unlike the previous mortgage foreclosure programswhich were voluntary, participation in theMediation Program is mandatory. When a foreclosurecomplaint is filed the lenders and borrowersare now required to meet and confer regardingthe payment plan and other options before aforeclosure can proceed. The Mediation Programis applicable to most residential mortgage foreclosureactions filed from January 19, 2012 throughJanuary 18, 2014.Mediations scheduled for FY 2012 under the2009‐3 Directive (filed prior to January 19, 2012)totaled 352. Mediations filed January 19, 2012through June 30, 2012, under the new 2012‐2 Directive,totaled 45.In 1991, Superior Court was the first state court inthe nation to implement electronic filing. EffectiveMay 1, 2012, Administrative Directive No.2012‐3 was made to expand the use of civil e‐Filing to some cases filed as Miscellaneous Civil.This Administrative Directive rescinded and replacedAdministrative Directive 2011‐6.NUMBER OF SUPERIOR COURT CIVILFILINGSMiscellaneous BY TYPE FY 2012 3,197Involuntary CommitmentsAppealsMechanic's Liens & …Complaints2811,3413,3604,2510 2,000 4,000 6,000Project Rightful Owner, which began in 2007, isstill in action. Twenty‐two orders were processed,and $379,634.75 was disbursed to thosewho lost their homes to mortgage foreclosure. Inour Complex Commercial Litigation Division(CCLD), 42 cases were filed, 36 disposed of, and53 were pending. These cases may be assignedwhen the controversy is one million dollars orgreater, involves an exclusive choice of courtagreement, or is designated by the PresidentJudge.2012 Annual Report of the Delaware Judiciary 24

SUPERIOR COURT25,00020,00015,00010,0005,000SUPERIOR COURT CIVIL & CRIMINAL FILINGS &DISPOSITIONS BY FISCAL YEAR02003 2004 2005 2006 2007 2008 2009 2010 2011 2012Filings 19,393 20,387 19,851 20,977 23,075 23,292 23,035 23,124 23,265 20,616Dispositions 19,907 19,398 19,781 20,077 22,231 23,450 22,602 21,435 23,752 22,544VOP Filings 5,706 6,119 6,232 6,349 6,055 6,151 6,255 5,523 5,271 5,384Statewide case statistics for FY12 civil cases numbered12,490 filings; 14,423 dispositions; and8,525 pending. Criminal cases came in at 8,816filings; 8,223 dispositions, and 1,683 pending.The decrease in civil filings appears to be the resultof fewer judgments being filed. There was aslight increase this year in criminal filings and indispositions. By the end of the fiscal year, statewide,38 murder first cases were filed, and 27were pending. This totals 65 potential capitalmurder trials for the court. Statewide Violation ofProbation (VOP) cases filed were 5,384; 4,468were disposed of, and 694 were pending.The Superior Court website (http://courts.delaware.gov/superior/), after last year'scomplete redesign and major functionalitychanges, optimized the site for quicker load responseaccess in FY12. Segments newly designedinclude Judicial Officers, Jury Service, Govern‐ance, Problem‐Solving Courts, CCLD, About Us,and iCourtClerkTM. Our ListServ now includes2,754 members, and maintains 19 separate ListServs. The public service provided over 126 instantnotifications to our users. The Court's Intranetis a source of information for court employees.The most anticipated Intranet item is theCourt's on‐line news letter, Hearsay.Superior Court employees are its best asset, andthey strive to fulfill the Court's vision of superiorservice to the public‐those in pursuit of Justice.Our judges and staff work hard to adhere to theSupreme Court Speedy Trial Standards for criminalcases and to follow the Court's Civil Case ManagementPlan to move civil cases to expediteresolution. Our core values of Unity, Neutrality,Integrity, Timeliness, Equality, and Dedicationunite us as a Court and unite us as part of a Judiciarythat strives for excellence.NUMBER OF SUPERIOR COURT CIVILCOMPLAINT DISPOSITION BYTrialMETHOD 114FY 2012Other91Arbitrator'sOrderDefault0Judgment209VoluntaryDismissal3,06225 2012 Annual Report of the Delaware Judiciary

SUPERIOR COURTFront row (sitting left to right)Judge Charles H. Toliver, IVJudge Jerome O. HerlihyPresident Judge James T. Vaughn, Jr.Judge T. Henley Graves (SC Resident Judge)Judge Richard R. Cooch (NCC Resident Judge)Second row (standing left to right)Judge Peggy L. AblemanJudge William C. Carpenter, Jr.Judge Fred S. SilvermanJudge William L. Witham, Jr. (KC Resident Judge)Judge E. Scott BradleyJudge Joseph R. Slights, IIIBack row (standing left to right)Judge John A. Parkins, Jr.Judge Richard F. StokesJudge Robert B. YoungJudge Calvin L. Scott, Jr.Judge Jan R. JurdenJudge Mary M. JohnstonJudge M. Jane BradyJudge Diane Clarke StreettStanding (left to right)Commissioner Michael P. ReynoldsCommissioner Alicia B. HowardCommissioner Mark S. VavalaCommissioner Andrea Maybee FreudCommissioner Lynne M. Parker2012 Annual Report of the Delaware Judiciary 26

FAMILY COURTWe are pleased to present the annual reportof the Family Court of the State ofDelaware. Family Court remains firmlycommitted to its statutory mission setforth in 10 Del.C. § 902(a),“The court shall endeavor to provide foreach person coming under its jurisdictionsuch control, care, and treatment as willbest serve the interest of the public, the family,and the offender, to the end that thehome will, if possible, remain unbroken andthe family members will recognize and dischargetheir legal and moral responsibilitiesto the public and to one another.”Since the Court’s creation and, in part, dueto the evolution of the family, the FamilyCourt’s jurisdiction has grown to meet theneeds of more complex family units andChief Judgeissues. The Family Court has implemented Chandlee Johnson Kuhnvarious problem‐solving calendars and“courts” to respond to the social, cultural, and behavioralhealth issues confronting Delaware’s families including: DRUG COURTMENTAL HEALTH DIVERSION COURTSince 2007, the Family Court, in collaborationwith the Office of the Public Defenderand the Division of Prevention andBehavioral Health Services, has offeredMental Health Diversion Court as a diversionprogram for juveniles with delinquencycharges pending against them inthe New Castle County Family Court.Since the program’s inception, 141 juvenileshave entered the program, and 77juveniles have successfully graduated. In2012, the program was expanded to includeKent County and Sussex County.This program offers a treatment‐basedresolution of the delinquency charges ofjuvenile offenders with mental healthdisorders. Within six months, 77% ofgraduates have not incurred any newcharges and are eligible to have theircharges dismissed.GUN COURTGun Court was established in 2009 as a response to increasinglevels of gun violence in Delaware. The goal of the GunCourt calendar is to break the repeating cycle of juvenilegun crime and rehabilitate Delaware’s youth as quickly andeffectively as possible. Working in collaboration with theDepartment of Justice, the Office of the Public Defender, theDepartment of Services for Children, Youth and Their Families,and law enforcement, the Family Court Gun Court hasbeen successful in reducing the number of juveniles rearrestedwith firearm charges within one year to 6%. GunCourt strives to provide a single, streamlined judicial forumto address gun violence, to provide close court monitoring,dispense uniform justice, and reduce judicial backlog. GunCourt has been successful in increasing percentage of guncrime cases that remain in Family Court and receive rehabilitativeservices in the juvenile justice system by 7%. Priorto the establishment of Gun Court, 61% of the space at Delaware’sjuvenile detention centers was occupied by guncrime respondents. Since its inception, 355 youth have beenthrough Gun Court, and Gun Court has been effective in reducingthe average number of days from arrest to dispositionby 45 days, resulting in reduced expenses to the state,as well as more effective and efficient access to rehabilitativeand education services to juveniles.Family Court’s Drug Court is a diversion program establishedto address the specific needs of juvenile offenderswho have accepted responsibility for drug related offensesand/or charges that indicate drug related activities. In 2012,62 juveniles entered into Drug Court. In order to successfullycomplete the Drug Court program, these juveniles arerequired to receive rehabilitative services, attend monthlycourt hearings with a parent or guardian, and submit todrug testing. Since 2007, 110 juveniles have graduatedDrug Court and 70% have received no new charges withinsix months of graduating. Juveniles who meet the requirementsof the program have their charges dismissed sixmonths after graduation.DOMESTIC VIOLENCE – COMPLIANCE COURTFamily Court continues its efforts to provide protection andrelief to victims of domestic violence, as well as ensuretreatment and counseling for offenders, by continuingwith a specialized domestic violence court. The intention ofthis specialized court is twofold: to create greater continuityin Family Court cases involving domestic violence and tocreate a more standardized system of compliance for offenders.Since January 2008, Family Court has been conductingProtection from Abuse review hearings. Thesehearings are being scheduled before the Court when a Respondenthas not complied with the evaluation and treat‐27 2012 Annual Report of the Delaware Judiciary

60,00058,00056,00054,00052,00050,000FAMILY COURTFAMILY COURT CIVIL & CRIMINAL FILINGS &DISPOSITIONS BY FISCAL YEAR48,0002003 2004 2005 2006 2007 2008 2009 2010 2011 2012Filings 53,161 53,490 55,959 54,361 57,672 53,366 55,797 52,580 52,189 51,568Dispositions 52,517 55,056 54,313 58,094 55,920 53,211 53,772 52,353 52,661 52,213ment conditions of an active Protection from Abuse order.These reviews do not require the Petitioner to file acontempt petition in order for a hearing to be scheduled.ARBITRATIONFamily Court offers arbitration as an option for certain firsttimejuvenile offenders with misdemeanors or violations.Arbitration allows juveniles who accept responsibility fortheir charges and comply with specific conditions, such ascommunity service, conflict resolution classes, and alcohol/drug evaluations, to have their charges dismissed. In FY2012, 946 juveniles were referred to or active in arbitrationand 80% of those in arbitration successfully completed theprogram and had their charges dismissed.MEDIATIONFamily Court continues its efforts to provide individualswho appear before it the opportunity to participate effectivelyto resolve issues regarding custody, visitation,guardianship and child support themselves with the assistanceof a court employed mediator. Mediation is requiredby court rule in most of these proceedings (unless one partyis a victim of domestic violence), recognizing the importanceof empowering individuals and giving them the opportunityand support needed to make decisions regardingtheir own lives and the lives of their children in a nonadversarialsetting. In 2012, 12,426 cases were scheduledfor mediation statewide; of those cases 67% were resolvedby agreement of the parties and with the assistance of thecourt mediator and without the need for the parties to appearbefore a Judge or Commissioner.Last year, Family Court expanded its services, includingreinstating the New Castle County Call Center and continuedto strengthen its outcomes in the area of child welfare.SERVICES AND RESOURCE CENTERS FORSELF‐REPRESENTED LITIGANTSWe are working hard to provide better customer service,streamline processes, and efficiently process litigants in ourResource Centers. In the last year, several design changeswere implemented in New Castle County Resource Center.These changes are intended to increase customer servicesatisfaction, reduce wait times, and better inform the public.The Resource Centers in all three counties continue tobe an important resource for self‐represented litigants, andplay a key role serving the needs of the public: Average of 5,401 self‐represented litigants servedeach month in New Castle County Average of 1,296 self‐represented litigants servedeach month in Kent County Average of 970 self‐represented litigants servedeach month in Sussex CountyCALL CENTEROn June 1, 2012, the Family Court reinstituted the New CastleCounty Call Center. Family Court recognized a need tobetter serve the public in an efficient manner, and to providea dedicated resource for litigants seeking court informationvia telephone. Since it began, the Call Center hasbenefitted all areas of the Court, largely by providing adedicated staff whose sole purpose is to provide pertinentinformation to better prepare litigants for filing and courthearings, and has fielded an average of 4,726 calls a month.The staff of the Call Center is trained in all areas of courtprocedures and customer service skills, and on average answercalls within 31 seconds. The focus of the Call Centerhas not only been customer service, but also the continuedimprovement of Family Court resources in an effort to alleviateproblems arising from misinformation and a lack ofawareness of court procedures.2012 Annual Report of the Delaware Judiciary 28

FAMILY COURTSupport (Newnon‐support,Arrears,Modifications)16,879NUMBER OF FAMILY COURT FILINGSBY TYPE FY 2012JuvenileDelinquency6,419Adult Criminal4,600Divorces &Annulments3,826COURT IMPROVEMENT PROJECTOther*10,847Protectionfrom Abuse4,223Custody &Visitation4,774*Includes civil contempts, adoption, termination of parental rights &The Court Improvement Program (CIP) continues to mature,using data to strengthen both Family Court practices andpartnership with child welfare stakeholders to improve thesafety, stability, and well‐being of children who have experiencedabuse and neglect.In the formative years, the Court focused on embracing and offering training in support of bestpractices, forming collaborative partnership with others inthe child welfare system, and more recently becoming the first state to have adata base to track, statewide, the federally recommendedCourt Performance Measures (CPM) whichfall into four categories: Safety, Permanency, DueProcess, and Timeliness.The Court is taking significant steps to ensure that CIP initiativesare meaningful and successful. In the past year, CIPhas engaged the University of Delaware (UD) to provide indepthevaluation of training and education. UD has alsobeen engaged to provide data collection/analysis relative tothe Delaware Youth Opportunities Initiative, which focuseson improving supports for youth leaving foster care afterturning 18 without being adopted, returning home, or otherwisehaving permanent connections.More locally, the Chief Judge along with the CIP liaisonJudges from each county have been meeting monthly to leveragethe Court Performance Measures data collected to seeif system improvements are necessary. The data shows that:96.78% of children whose cases closed following apermanent placement were not further abused orneglected within 12 months.88% of the cases follow the best practice of onejudge hearing the cases from start to finish. In theremaining 12% of cases, two judges were involved.309 days is the average time to the permanencyhearing, well within the recommended 365 daytimeline. However, 19% of the cases do not reachthe permanency hearing within the timeframe.While there are no benchmarks in CPM, this is anarea the Court can further examine for cause andpossible correction.An area where the data collection, collaboration, and trainingefforts have combined for success for children is an areaof great focus in Delaware. Approximately 78% of casesclose with a child being reunified with their family, adopted,or finding guardianship with a caring adult. The remaining22% either aged out of the system or remain in an AlternativePlanned Permanent Living Arrangement. The Court hasused CIP funding to provide nationally recognized trainingon achieving permanency for children to all partners andespecially DFS workers. Evaluations and observations inCourt show statistically significant change in knowledge andpractice. It will take time to see those improvements reflectedin the CPM. It is an exciting time in CIP, with theCourt and partners making significant progress for childrenin care.COURT APPOINTED SPECIAL ADVOCATE (CASA) PRO‐GRAMThe Court Appointed Special Advocate (CASA) Program ofthe Family Court of the State of Delaware received the 2011Governor’s Award for Outstanding Volunteer Organization.The CASA program has been advocating for abused and neglectedchildren within the state more than 30 years. Theprogram is located within each county in the state. It is themission of this program to provide screened, trained, andNUMBER OF FAMILY COURTFILINGS BY COUNTY FY 2012SussexKent12,70110,850100% of children are represented by a Court AppointedSpecial Advocate or Guardian Ad Litem bythe adjudicatory hearing.New Castle28,0170 10,000 20,000 30,00029 2012 Annual Report of the Delaware Judiciary

FAMILY COURTqualified individuals from the community to represent thechildren during court proceedings. Many children havebenefited from the untiring and priceless time provided bythe CASA volunteers, all in efforts to assure that the wellbeingof children is paramount.Delaware’s CASA volunteers receive 30 hours of initial trainingand over 25 hours of continuing education trainings annually.The CASA program has over 285 volunteers statewide,almost half of whom have been serving for more than10 years. This consistency and dedication has contributed tothe quality legal representation abused and neglected childrendeserve. The CASA program, together with the Office ofChild Advocate, is responsible for representing the best interestof the children within the child welfare system. Bothprograms have assured that every child has representation.Over 3,000 hours is provided by CASA volunteers on amonthly basis, for all the children assigned. More than 50%of the volunteers remain with the program after completingtheir case assignments. The efforts of the CASA volunteershave a true impact on the lives of the children and familiesthat they so passionately serve.Front row (sitting left to right)Judge Aida WasersteinJudge Mark D. BuckworthJudge William M. NicholasJudge Jay H. ConnerJudge Kenneth M. MillmanJudge William J. Walls, Jr.Judge William L. Chapman, Jr.Judge Barbara D. CrowellBack row (standing left to right)Judge Robert B. CooninJudge Alan N. CooperJudge Peter B. JonesJudge Arlene Minus CoppadgeChief Judge Chandlee Johnson KuhnJudge Mardi F. PyottJudge Joelle P. HitchJudge Michel K. NewellFront row (seated left to right)Commissioner Loretta YoungCommissioner John CarrowCommissioner Jennifer MayoCommissioner David JonesCommissioner Janell OstroskiCommissioner Andrew SouthmaydCommissioner Mary Ann HerlihySecond row (standing left to right)Commissioner DeSales HaleyCommissioner Louann VariCommissioner Bernard Pepukayi (retired 8/3/12)Commissioner Susan TusseyChief Judge Chandlee Johnson KuhnCommissioner Mary MuchC ommissioner Lester BladesCommissioner Pamela HollowayCommissioenr Sonya WilsonCommissioner Frederic Kenney (retired 6/30/12)2012 Annual Report of the Delaware Judiciary 30

COURT OF COMMONPLEASFY 2012 was a busy and challengingyear for the Court of Common Pleas.The number of cases transferred to,and filed with, the Court of CommonPleas contributes to a high volumeenvironment in the Court. Whilemisdemeanor and civil caseloadsleveled off for the first time in manyyears, they are down from all‐timehighs in each category.Civil InitiativesThe Court of Common Pleas received8,381 new civil cases in FY 2012.Cases of greater complexity continueto be filed in the Court resulting inmore extensive motion practice andmore trial time.SPEED DocketIn FY 2011, the Court of Common Pleas adopted AdministrativeDirective 2010‐3, making the Court’s newSPEED Docket (SPecial Election and ExpeditedDocket) available in all civil cases in the Court and allappeals de novo from the Justice of the Peace Court tothe Court of Common Pleas, where the amount in controversyis between $10,000 and $50,000, excludingconsumer debt cases and appeals on the record. Specialscheduling rules are applied to SPEED cases thatensure a more timely resolution than that which isavailable through traditional scheduling practices,most notably judicial assignment of the case to oneJudge to handle all matters until the case is resolved.A scheduling conference is scheduled within 30 daysof the filing of an answer or a motion by any party andthe trial scheduled within five months of this schedulingconference. The program has been well‐receivedby the Bar and the public. In FY 2012 there were 42SPEED cases filed with the Court of Common Pleas.Chief JudgeAlex J. SmallsConsumer DebtThe mission of the Delaware Court ofCommon Pleas is to provide a neutralforum for the people and institutionsof Delaware, in the resolution of everydayproblems, disputes, and morecomplex legal matters in a fair, professional,efficient, and practical manner.In recognition of that mission,the Court of Common Pleas is theideal forum to litigate consumer debtcollection cases efficiently and effectively.Consumer Debt Collection cases representa significant percentage of theCourt’s civil caseload. Consistentwith sound public policy and the requirements of dueprocess, and in an effort to better manage these cases,the Court adopted Administrative Directive 2011‐1effective July 1, 2011. The Directive imposed proceduralguidelines in consumer debt collection actionsto ensure fairness to the litigants and improve efficiencyin the administration of justice. To further increaseboth accessibility and fairness, the Courtsought recommendations, in Fiscal Year 2012, from anindependent committee of members from the Bar, toimprove upon Administrative Directive 2011‐1.Civil MediationIn recent years, the Court of Common Pleas extendedits successful criminal mediation program to includecivil cases. This option has been well received by civillitigants and has been responsible for the successfulsettlement of an increasing number of cases.Criminal InitiativesThe number of criminal defendant filings in the Courtof Common Pleas in FY 2012 was 101,284. The slightdecrease from last fiscal year appears to be largely a31 2012 Annual Report of the Delaware Judiciary

COURT OF COMMON PLEASCOURT OF COMMON PLEAS CIVIL & CRIMINAL FILINGS &DISPOSITIONS & PRELIMINARY HEARINGS BY FISCAL YEAR140,000120,000100,00080,00060,00040,00020,00002003 2004 2005 2006 2007 2008 2009 2010 2011 2012Filings 95,041 100,232 96,322 100,814 110,765 117,652 126,691 131,073 117,253 109,836Dispositions 91,283 95,611 96,525 99,704 105,612 113,480 124,804 137,037 120,782 111,815Preliminary Hearings 8,386 9,189 8,329 9,165 10,413 10,720 9,940 9,066 9,590 9,917result of the remaining impact of the Police ProsecutionInitiative in the Justice of the Peace Court as wellas House Bills 134 and 135 which reduced the numberof traffic cases eligible for transfer to the Court. Thisallows the Court of Common Pleas to focus its attentionon the more serious misdemeanor and trafficcases. Preliminary Hearing filings increased 3.3% to9,917 in FY 2012. As a result of an aggressive programby the Department of Justice of reviewing felonyarrests prior to their scheduled hearings, the Court ofCommon Pleas continues to take a significantlygreater number of pleas at Preliminary Hearing. Thishas a positive effect on the entire criminal justice systembecause it eliminates the need for these cases tobe handled twice in the Court of Common Pleas andonce in the Superior Court. Many such cases, if notpled, would be re‐filed in the Court of Common Pleasafter the defendant is bound over for the SuperiorCourt.Grant Funded InitiativesThe Court continues to work aggressively to manageits caseload in spite of greater demands on judges andstaff. Additional calendars and the application of aggressivecase management techniques have reducedthe time to disposition in most case categories. TheCourt received funding in FY 2012 from a Byrne JusticeAssistance Grant to provide resources for the expansionof the mental health court to Kent and SussexCounties. Kent County held its first mental healthcourt calendar in January of 2012. The Court served53 clients in FY 2012.MediationSince 2001, the Court has referred over 10,000 casesfor mediation, with more than 1,534 referrals made tothe program in FY 2012. Mediation provides an alternativeto criminal prosecution, assists the Court in themanagement of its busy calendars, and leaves participantswith an increased sense of satisfaction with thejustice system. In FY 2012, the Court’s mediation programhad a success/satisfaction rate of nearly 88%.Specialty CourtsThe Court continued to operate its highly successfulcourt‐supervised comprehensive Drug Diversion Programfor non‐violent offenders. This voluntary programincludes regular appearances before a judge,participation in substance abuse education, drug testing,and treatment. The Drug Diversion ProgramCOURT OF COMMON PLEAS CIVIL &CRIMINAL FILINGS BY COUNTY FY2012Sussex,24,190Kent,22,257NewCastle,63,3892012 Annual Report of the Delaware Judiciary 32

COURT OF COMMON PLEASCOURT OF COMMON PLEAS NUMBEROF FILINGS BY TYPE FY 2012Civil Judgments & NameChanges & AppealsCivil ComplaintsCriminal8307,722101,2840 50,000100,000150,000represents a collaborative effort between the Court ofCommon Pleas, the Department of Justice, the PublicDefender, the private bar, the treatment providers, andthe Treatment Research Institute at the University ofPennsylvania. (The TRI program is limited to NewCastle County.) Collaboration with the Treatment ResearchCenter (TRI) has provided the basis for observation,research, and analysis to launch scores of otherdrug diversion programs throughout the United Statesand internationally. Based on TRI’s research, in FY2012, the Court continued its commitment to identifyand accept into the program those defendants whowill most benefit from the program and who are committedto a clean and sober lifestyle. The Court hashandled more than 6,853 participants since its inceptionin 1998.While there are a limited number of drug chargeswithin the jurisdiction of the Court of Common Pleas,the Court serves a large number of clients with seriousdrug problems. To address the needs of all participants,the New Castle County Drug Diversion Courtintroduced a new tool to improve services to its clientson July 1, 2010. The new tool referred to as the “RANTAssessment” is a web‐based placement tool developedby the Court’s partners at the Treatment Research Instituteat the University of Pennsylvania. “RANT” is anacronym for Risk and Needs Assessment Triage. Theassessment tool asks each client a series of questionswhich are used to assess each client’s risks and needs.The answers to the questions are used to group clientsinto one of four quadrants, those with: low risks/lowneeds; low risks/high needs; high risk/low needs; andhigh risk/high needs. Identifying these risk/needsgroups allows treatment to be better tailored to meetthe individual needs of the client, promote successfulprogram completion, and to reduce recidivism rates.Mental Health Court in New Castle County. Modeledon the Drug Court concept, the goal of Mental HealthCourt is to effectively serve the special needs of themental health population through continuous judicialoversight and intensive case management and,through this approach, to reduce this population’s contactswith the criminal justice system. Approximately260 cases have been referred to the Mental HealthCourt since its inception, exceeding the original goal ofserving 100 misdemeanor offenders. Ninety‐eight percentof the admissions have been compliant with theircase management plans and, as of June 30, 2012, 89%of the individuals who successfully completed the programdid not incur new convictions within six monthsof their graduation.In Fiscal Year 2012, the Court introduced the TraumaInformed Probation calendar (TIP). TIP is a new specialtycourt designed to handle female defendants whohave experienced significant trauma in their backgrounds.The goal is to provide trauma‐informed careto help improve outcomes for the TIP participants andto reduce recidivism rates. Trauma Informed Probationentered 30 participants in FY 2012.Technology InitiativesThe Court continues to explore avenues to increaseefficiency through technology. The success of the civile‐filing initiative; increased use of a web‐based systemfor the payment of fines, costs and restitution throughan internet application; and increased use of, and relianceon, the Court’s web site have afforded the Courtproductivity gains. The Court is also an active partnerin the Judiciary’s Delaware Courts Automation Projectand has committed staff to the effort. In addition, theCourt continues to explore other opportunities bywhich it can serve its customers through improvedpublic access, such as through an Interactive VoiceCOURT OF COMMON PLEASPRELIMINARY HEARINGS BY COUNTY FY5,203 20126,0004,0002,0002,239 2,475Established in 2003 as the first such court in the State,the Court of Common Pleas continues to operate its0New Castle Kent Sussex33 2012 Annual Report of the Delaware Judiciary

COURT OF COMMON PLEASRecognition Program and through expanded e‐Payment opportunities.The continued success of the civil automation implementationhas significantly improved access to civilcases and civil case information. E‐filing has been extremelysuccessful, with more than 90% of the Court’scaseload being e‐filed. In FY 2012, the Court received47,030 individual filings and collected $775,443.50 infees. Additionally, the COTS implementation provideselectronic access by judges and staff to court filings,reduces the Court’s reliance on paper, provides accessto accurate and complete reporting information, andprovides the public with internet access to civil caseinformation.Enforcement of Court OrdersThe Court of Common Pleas commitment to enforcementof its court orders continues, and the Court collectedapproximately $6,600,000 in outstanding fines,costs, and assessments. These collections representmoney going to the State’s General Fund, as well as toindividual municipalities throughout the State. TheCourt returns more than 45.7% of its operatingbudget to the State’s General Fund. A significant portionof the Court’s collections also represents restitutionand compensation payments to victims of crime.ConclusionIn spite of the challenges of managing a large and increasinglycomplex caseload, judges and staff remaincommitted to the mission of the Court of CommonPleas ‐ to provide a neutral forum for the people andinstitutions of Delaware in the resolution of everydayproblems, disputes, and more complex legal mattersin a fair, professional, efficient, and practical manner.Each member of the Court is responsible to the peoplethe Court serves to carry out that mission on a dailybasis.Front row (standing left to right)Judge Andrea L. RocanelliChief Judge Alex J. SmallsJudge Rosemary Betts BeauregardSecond row (standing left to right)Judge Charles W. Welch, IIIJudge Joseph F. Flickinger, IIIJudge Anne Hartnett ReigleJudge Eric DavisJudge Kenneth S. Clark, Jr.Judge John K. Welch2012 Annual Report of the Delaware Judiciary 34

JUSTICE OF THEPEACE COURTWithout the Justice of the PeaceCourt, the criminal and civil justicesystems of the State of Delawarewould cease to function inany way remotely resembling theefficiency and effectiveness thatthe citizens of this state havecome to take for granted.That is a bold statement, but mostassuredly a true one. It is not oneintended to denigrate any otherCourt or other actors in the justicesystems of this state. All playserious and important roles. However,few would likely be missedas quickly or as fully as the Justiceof the Peace Court if it ceased tofunction. Here are but a few numbersthat illustrate the ways the Justice of the PeaceCourt provides such indispensable service:99% ‐ The Justice of the Peace Court reviewsin excess of 99% of all the criminal arrest warrantsrequested by all police agencies. Lastfiscal year that amounted to 31,931 warrantsChief MagistrateAlan G. Davisreviewed by this Court thatwere approved; this numberdoes not account for thewarrants that were reviewedbut rejected. Thenext closest were the combinedAlderman’s Courts,with a total of 199 reviewedwarrants. The judges of theJustice of the Peace Courtalso returned 98% of allwarrants once an arrest wasmade, making the initial baildecision on 30,832 casesstatewide. Thoughtful reviewof probable cause beforean arrest and bail decisionsafterward ensuresthat the system works, constitutionalrights are guaranteed, and appropriatedecisions are made about issues thatcan have long lasting effects.20,118 – This is the number of capiases issuedby other courts returned to the Justice of thePeace Court over the course of Fiscal YearJUSTICE OF THE PEACE COURT CIVIL & CRIMINAL/TRAFFIC FILINGS &DISPOSITIONS BY FISCAL YEAR*400,000300,000200,000100,00002003 2004 2005** 2006 2007 2008 2009 2,010 2011 2012Filings 245,444 265,456 290,095 292,005 317,436 318,293 307,925 291,838 305,499 303,310Dispositions 244,349 266,890 31,704 290,772 313,409 315,663 294,655 290,215 294,125 312,976*Criminal filings & disposition information by defendant, which is similar to case information provided by other courts.35 2012 Annual Report of the Delaware Judiciary

JUSTICE OF THE PEACE COURTTOTAL JUSTICE OF THE PEACE CIVILCASES FILED BY COURT FY 2012Court 1318,142Court 92,011Court 177,144Court 167,1192012. In other states, defendants picked up oncapiases sometimes are unnecessarily detainedfor hours and days until the individual can bebrought before the court that issued the capias,significantly increasing detention costs anddisrupting lives. Because the Justice of thePeace Court evaluates these immediately, individualsdetained on such minor matters as failingto make a timely payment on a fine paymentplan do not clog our detention facilities.24/7/365 – Four locations of the Justice of thePeace Court operate on a 24‐hour basis. Threeof them never close and one closes only on selectedholidays. Another court location operates16 hours a day, five days a week. This operatingschedule not only provides for publicconvenience to take care of routine matters,but also fulfills the provision of the Delawareconstitution that requires “forthwith” considerationof bail for all individuals arrested inthis state.150,000 – When people are charged traffic violationsin this state and choose to pay the assessmentrather than contest the charges,those people interact with the Justice of thePeace Court in the form of the Voluntary AssessmentCenter. Last year, just under 150,000charges were disposed of in the VAC. With 90%of all tickets being issued electronically ratherthan by physical writing by the police, and withthe advent of web‐based payment options,those traffic tickets are processed all that muchmore efficiently. Prior to the Court’s implementationof a voluntary assessment process, everyonecharged with a traffic offense wasbrought before a judge.48% ‐ That figure represents the approximatepercentage of usage of the statewide criminaljustice videophone system attributable to theJustice of the Peace Court. The videophone systemallows for long‐distance proceedings to beheld between the courts, police agencies, andthe Department of Corrections, eliminating theneed for transports of arrestees and inmatesand improving officer safety. Each year, thatsystem accounts for about $10 million in costavoidance associated with such transports; italso saves time and headache for individualsarrested but not detained on bail.268,894 – The number of cases handled by theJustice of the Peace Court is astounding. This isthe number of unique individual defendantswhose cases were either heard and disposed ofby this Court or initiated and transferred toanother court as required by law. Containedwithin those defendants’ cases were over400,000 individual charges. Someone in theJustice of the Peace Court touched each one ofthose cases at least once last year.46% ‐ With the initiation of the Police Prosecutionprocess in the vast majority of trafficcases, more cases are being resolved in the Justiceof the Peace Court than ever before. Anevaluation of the process indicated that therewere 46% fewer cases being transferred to theCourt of Common Pleas than before the processwas used. This saves defendants time andmoney by reducing their number of requiredcourt appearances, improves the on‐time pay‐Court ofCommonPleas14,117CAPIASES CLEARED BY JUSTICE OF THEPEACE COURT FOR OTHER COURTS FY 2012SuperiorCourt 2,565Family Court3,4362012 Annual Report of the Delaware Judiciary 36

JUSTICE OF THE PEACE COURT160,000140,000120,000100,00080,00060,00040,00020,00082,947NUMBER OF JUSTICE OF THE PEACE COURT FILINGS*BY TYPE FY 201231,9090Title 21 Traffic Title 11*Criminal filings are by defendant. (Criminal)13,550MiscellaneousCriminal1,661Title 7 (Fish andGame)14,848 19,568Civil Complaints Landlord/Tenant138,827VAC**ment of fines and assessments, and reducesthe in‐court time required of arresting officers.34,416 – Lest we forget, the Justice of thePeace Court also hears and disposes of civilcases. This is the total number of civil flings inour four civil court locations, nearly as manyas the civil filings of the Court of CommonPleas, Superior Court and Court of Chanceryand Supreme Court combined. In fact, one ofour civil locations, Court 13 in Wilmington,received and processed 18,142 cases, morethan any of those courts individually. Morethan half of all of the Justice of the PeaceCourt civil filings involve landlord‐tenantclaims. Our civil processes touch many lives inthis state, and while the cases are not worthmillions of dollars or involve control of a majorcorporation, that the case is carefully con‐sidered is of the utmost importance to the person who could lose their personal property ortheir home as a result of the decision.As you can see, the volume and operating schedule ofthis Court requires efficiency in its case processingand innovation in its approaches to management. Ifthe Justice of the Peace Court disappeared tomorrow,the practical needs of processing the actual casescould be addressed in some fashion, but what couldnot be replaced is the manner in which we handle thisworkload and the benefit that the Court bestows uponthe people of this state. More important than just gettingthe cases pushed through the system is the factthat this Court is interested in and passionate aboutensuring that every case gets the attention it needs tocome to a just result. Some things just cannot be replaced.160,000140,000120,000100,00080,00060,00040,00020,0000JUSTICE OF THE PEACE COURT CRIMINAL & TRAFFIC CHARGESBY COURT FY 2012Court 1 Court 2 Court 3 Court 4 Court 6 Court 7 Court 8 Court 9Charges 5,464 46,157 30,959 17,601 10,028 39,167 6,133 8,529 5,398 83,294 5,888 32,741 149,808Court10Court11Court14Court20VAC37 2012 Annual Report of the Delaware Judiciary

JUSTICE OF THE PEACE COURT150,000JUSTICE OF THE PEACE COURT CRIMINAL & TRAFFIC CASES BYDEFENDANTBY COURT FY 2012100,00050,0000Court Court Court Court Court Court Court Court Court Court Court Court VAC1 2 3 4 6 7 8 9 10 11 14 20Cases 2,792 17,82 11,11 8,341 5,137 18,62 2,709 4,600 3,889 36,41 2,330 16,29 138,8NEW CASTLE COUNTY JUDGESFront row (seated left to right)Marilyn Letts, Rosalind Toulson, Deputy ChiefMagistrate Bonita Lee, Marie Page, Katharine Ross,Kathleen Lucas, Kathy Gravell, Cheryl StallmannStanding middle row (left to right)Nina Bawa, Susan Cline, Nancy Roberts, Roberto Lopez,Vernon TaylorStanding back row (left to right)James Tull, James Hanby, Sr., Terry Smith, Senior JudgeWilliam Moser, Donald W. Callender, David R. Skelley,Thomas P. Brown, William Young, III, Sean McCormick,Paul SmithNot Pictured:Beatrice Freel, Thomas Kenney, Vincent Kowal, DeborahMcNesby, Rosalie Rutkowski, Susan Ufberg2012 Annual Report of the Delaware Judiciary 38

JUSTICE OF THE PEACE COURTKENT COUNTY JUDGESSeated (left to right)Debora Foor, Tracy Warga, Pamela Darling, Cathleen HutchisonStanding (left to right)D. Ken Cox, James Murray,Deputy Chief Magistrate Ernst ArndtNot pictured: Dwight Dillard, R. Hayes Grapperhaus,Michael Sherlock, William J. Sweet, Robert Wall, Jr.SUSSEX COUNTY JUDGESSeated (left to right)Jana Mollohan, Stephani Adams, Jeni Coffelt, Deputy ChiefMagistrate Sheila Blakely, Marcealeate Ruffin, Michelle JewellStanding middle row (left to right)Deborah J. Keenan, James HornStanding back row (left to right)Richard Comly, John McKenzie, John Hudson, ChristopherBradley, John Martin, Chief Magistrate Alan Davis, JohnAdams, William P. Wood, Larry SippleNot Pictured:William Boddy, III, Herman Hagan, William Mulvaney, III39 2012 Annual Report of the Delaware Judiciary

Many thanks to the Presiding Judges, Court Administrators and others in theCourts and the Administrative Office of the Courts for their efforts related topreparing this annual report. The Delaware Supreme Court pictures are courtesyof Richard K. Herrmann, Esquire.

DELAWARE SUPREME COURTPUBLISHED BY:The Administrative Office of the Courts, January 2013500 North King Street, Suite 11600Wilmington, Delaware 19801(302) 255-0090All Rights Reserved.