Page 9 - Delaware Lawyer - Summer 2023

the Superior Court, which heard civil matters, the Court of Oyer and Ter- miner, which heard capital cases, and the Court of General Sessions, which heard all other criminal cases.6
In 1951, The Court of General Sessions and the Court of Oyer and Terminer were abolished, and their criminal jurisdiction was consolidat- ed into today’s Superior Court. The Superior Court’s presiding judge was renamed “President Judge.”7 In 1951, there were only five judges.8 Over the course of the next 72 years, that number would grow to 21. As discussed below, the Court would grow not just in number but in juris-
diction, expertise, and diversity. This article focuses on the last 25 years.
Judges and Commissioners
In 1999, the Superior Court bench garnered two more seats thanks to the General Assembly and the Gover- nor. Those seats were filled by Judge William L. Witham, Jr. in Kent and Judge Richard F. Stokes in Sussex, bringing the number of judges to 19. Two additional seats were added in 2013. The retirement of Judge Wil- liam C. Carpenter, Jr. on December 31, 2022, marked the day the Court “turned over” — none of the judg- es serving today were on the Court
in 1999.
With respect to our Commissioners,
the Court had three in 1999, one seated in each county. Two of those Commissioners are still serving today: Commissioners Howard and Freud. In 2001, the Court gained two more Commissioner seats, bringing the to- tal to five. With the increased capac- ity afforded by a complement of 21 judges and five commissioners, the Court has tried more cases, better managed our heavy and diverse case- load, expanded our Complex Com- mercial Litigation Division, and im- proved access to justice.
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