Page 14 - Delaware Lawyer - Summer 2023
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FEATURE | THE SUPERIOR COURT
Courts and judges have increasingly come under attack for their decisions, and many people have lost confidence in the independence and impartiality of the judiciary. This is a disturbing and dangerous development, and we need to do what we can to reverse this tide.
of a global pandemic. He navigated all of us through it expertly, calmly, and safely. So, with that, my friends, thank you, and we look forward to what’s next.
NOTES
1. I thank my law clerk, Elena M. Sassa- man, Esq., for all her help in researching, Bluebook-ing, proofreading, and editing. Elena is headed to Heyman, Enerio, Gat- tuso & Hirzel LLP at the conclusion of her Judicial Clerkship.
2. Many thanks to my beautiful, talented sister, Jenifer, for livening up this article with her artistic ability and wonderful sense of humor.
3. Superior Court Special Session Com- memorating the 300th Anniversary of the Courts on the Green, Superior Court: About Us – History 16 (Oct. 14, 1999), https:// courts.delaware.gov/superior/pdf/300th_ anniversary.pdf
4. Superior Court’s History, Superior Court: About Us – History, https://courts. delaware.gov/superior/aboutus/history. aspx (last visited July 26, 2023).
5. Id.
6. Id.
7. Id.
8. Henry du Pont Ridgely et al., The Su- perior Court, in The Delaware Bar in the Twentieth Century, 411, 416 (1994).
9. 10 Del. C. § 7700 et seq.; see also Del. H.B. 222, 149th Gen. Assem. (2018). The LVPO “provides a path for gun relinquish- ment for both law enforcement and citizens who believe that a person poses a danger of causing physical injury to self or others by controlling, owning, purchasing, possess- ing, having access to or receiving a firearm.” Policy Directive No. 18-261 (Del. J.P. Nov. 2, 2018). See Johns Hopkins: Bloomberg Sch. of Pub. Health, Delaware Lethal Vio- lence Protective Order & Domestic Violence Protection from Abuse Order: How Do They Differ?, Bloomberg Am. Health Initiative
1 (2020).
10. Del. H.B. 302, 149th Gen. Assem. (2018). The GVPA “provides a path for
gun relinquishment when a mental health provider makes a report to law enforcement due to a concern that a client is dangerous to self or others and is in possession of fire- arms or ammunition.” Policy Directive No. 18-261 (Del. J.P. Nov. 2, 2018).
11. 10 Del. C. § 7200 et seq.; see also Del. H.B. 264, 151st Gen. Assem. (2022). The SVPO was created in recognition of the heinous nature of sexual violence and the limited remedies for victims thereof. 10
Del. C. § 7201. Its purpose is to “provide
a civil remedy to a victim of a rape or other sexual violence which requires the offender to stay away from the victim.” Id.
12. This number includes 92 murder cas- es. Not included in this number are 6,691 CCDW applications seeking a license to
is crucial, and our work on this is ongoing.
DEI. If you haven’t read the Chief Justice’s article, The Work Has Begun — a Message on Diversity from the Chief Justice, I encourage you to do so.26 And take a look at the Strategic Plan for the Bench and Bar Diversity Project.27 All of us can play a role in this effort. The Court looks forward to implementing the recommenda- tions of the Steering Committee at the direction of the Chief Justice.
Promoting Confidence in the Neutrality, Fairness, and Impartial- ity of the Courts. Courts and judges have increasingly come under attack for their decisions, and many people have lost confidence in the indepen- dence and impartiality of the judicia- ry. This is a disturbing and danger- ous development, and we need to do what we can to reverse this tide. We are very mindful of this and strive to ensure every litigant receives proce-
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dural justice. Outside the court-
room, we teach, speak on panels, try to educate the public about the justice system, and do whatever else we can to promote confidence in our justice system.
Preparing for the Next Epidem- ic/Pandemic. The question is not whether one will come; it’s when. COVID-19 was a sobering wake-up
call. We kept track of every issue we grappled with and how we solved it, and we are using that data to craft our plan for the next time. We also update our Continuity of Operations Plan (COOP)29 monthly (no small feat given our turnover) and will in- clude in our strategic plan a road map for navigating such a public health emergency in the future.
Conclusion
“The Superior Court has al- ways been the bellwether court of our general jurisdiction. Recent management innovations such as electronic filing, drug court, case management technology, arbitra- tion, mediation summary pro- ceeding, videoconferencing, jury reform and other advances have only added to its nationwide repu- tation for excellence.”
— Chief Justice E. Norman Veasey30
We hope, 25 years later, we still live up to this kind description. We are grateful for the honor and privi- lege of serving the public and work- ing with the greatest bar in the country. We are also grateful for the Chief Justice’s strong leadership, outstanding management, and tire- less support of the courts in the face
12 DELAWARE LAWYER SUMMER 2023