Page 18 - Delaware Lawyer - Winter 2022

FEATURE | GREAT POWER, GREAT RESPONSIBILITY
Additionally, numerous legisla- tive enactments have placed further duties upon the Department of Jus- tice. Scientific advancements in areas such as DNA have made prosecutions more complex and time-consuming. The expansive use of cell phones and other social media has changed the entire manner of criminal prosecu- tions. The prosecution of child por- nography cases generated through the production and exchange of por- nographic material over the internet has resulted in special units within both the law enforcement commu- nity and the Department of Justice. All these factors have contributed to the current size of the Attorney Gen- eral’s office.
Today, Delaware’s Department of Justice is essentially the largest law firm in the state — unrecognizable compared to what it looked like when I first joined in 1975. It is a highly organized office with six divisions and numerous sub-divisions. The current divisions include:
1. THE ADMINISTRATIVE DIVISION – This portion of the office consists of the Attorney General, the Chief Deputy Attorney General, the Chief of Staff, the Public Information Officer, a legislative liaison and several other personnel.
2. THE CIVIL DIVISION – In ad- dition to the State Solicitor and two Deputy State Solicitors, there are now eight subdivisions dealing with the representation of State depart- ments and agencies, administrative law and education, litigation (both affirmative and defensive involving the State), environmental law, public safety, fiscal integrity protection and health law. The civil division has been stretched to its limit during the pan- demic, working with the governor and the many executive orders issued to address the spread of COVID-19.
3. DIVISION OF CIVIL RIGHTS AND PUBLIC TRUST – This new di- vision was created as a statutory divi- sion, 29 Del. C. § 2553, in March of 20208 and is directed to investigate and prosecute hate crimes, “civil or criminal misconduct committed under color of Delaware law or in the course of a pub- lic official’s or State employee’s duties,” and to investigate all use of deadly force by law enforcement officers. The divi- sion is also given the power to enforce pattern and practice violations concern- ing Delaware’s Equal Accommodations Law and Fair Housing Act. The divi- sion is further authorized to investigate, prosecute and resolve patterns or prac- tices that violate any civil rights provided by either the Delaware or United States Constitution in regard to public accom- modations, housing and employment dis- criminations, educational rights and the rights of individuals having disabilities. As
presently constituted, this division has four full-time attorneys, three investiga- tors and two additional support positions.
4. FAMILY DIVISION – This division consists of four separate units handling child support, juvenile delinquency and truancy, child protection from abuse, ne- glect and dependency, and human traf- ficking cases. The growth of this portion of the Department has been steady — it currently employs 34 deputies, 19 sup- port staff and the division director.
5. DIVISION OF FRAUD AND CONSUMER PROTECTION – This di- vision protects the public from securi- ties fraud, white collar crime, consumer fraud, misleading or deceptive business practices, Medicaid provider fraud and patient abuse, neglect and mistreatment. Over the years, this division has steadily increased in size and now accounts for 76 employees.
16 DELAWARE LAWYER WINTER 2022