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FOR IMMEDIATE RELEASE Chief Justice Collins J. Seitz, Jr. extends Judicial Emergency to June 13, 2020 MAY 14, 2020 Today, in consultation with the other members of the Supreme Court, Delaware Supreme Court Chief Justice Collins J. Seitz, Jr. extended the Judicial Emergency and related orders, due to the public health emergency caused by the Covid-19 outbreak, until June 13, 2020. This is the second 30-day extension of the March 16, 2020 Judicial Emergency Order. This means that court facilities will continue to be closed to the public at least through June 13, 2020, or until the order declaring a judicial emergency is modified or lifted. “Our State continuesto operate under the Governor’s emergency declarations. Those restrictions—vital to protecting the health and safety of Delawareans—do not presently allow us to increase activity in judicial facilities,” said Chief Justice Seitz. “Therefore, I have entered an order today extending the judicial emergency declaration until June 13, 2020. As I have noted before, with the exception of trials, all state courts continue to use video and audio platforms to conduct as much court business as possible. The goal is to work down each court’s non-trial casework so we are prepared for increasing court operations when health and science experts tell us it is safe and reasonable to do so.” The Delaware Judiciary is working on detailed plans to gradually increase activities at judicial facilities. The Court Reopening Committee, led by Superior Court Judge William C. Carpenter, Jr. and staffed by judicial officers and employees from the state courts, our judicial system partners, and a medical expert on infectious disease, is drafting the plan for a gradual and safe increase in activities at all judicial facilities. The Committee hopes to have a final report and recommendation in May, with a possible “first phase” limited increase in judicial facility activity in June. In announcing the extension of the Judicial Emergency, Chief Justice Seitz thanked Judicial Branch employees that continue to work each day at judicial facilities and remotely from home. He also expressed his gratitude to all those who work in the court system. “Thank you once again for your public service,” he said. To see the full text of the order please visit:

https://courts.delaware.gov/rules/pdf/COVIDOrderCJS3.pdf

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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF DELAWARE

In Re: Grand Jury Suspended :

Through April 30, 2020 :

Due to Exigent Circumstances : STANDING ORDER

Created BY COVID-19 :

WHEREAS, the federal government and the State of Delaware have issued guidance, restrictions, and mandates to limit the amount of person-to-person contact and to require social distancing in order to mitigate the spread of the COVID-19 virus;

NOW, THEREFORE, in order to further public health and safety, IT IS HEREBY ORDERED that all grand jury sessions are suspended through April 30, 2020.

IT IS FURTHER ORDERED that as to the computation of time for the filing of an information or indictment as set forth in 18 U.S.C. § 3161(b), the period of time from April 1, 2020 through the earlier of May 1, 2020 or the date the next grand jury reconvenes is deemed excludable delay under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A), as the Court finds that the ends of justice served by taking this action outweigh the interests of the parties and the public in a speedy trial.

/s/ Leonard P. Stark_______________

Leonard P. Stark

Chief, United States District Judge

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FOR IMMEDIATE RELEASE March 22, 2020

All Delaware Court facilities ordered closed to the public until April 15, 2020.Only limited exception is for 24-hour Justice of the Peace Court locations Delaware Chief Justice Collins J. Seitz, Jr. today ordered all court facilities closed to the public as of Monday, March 23, 2020 until at least April 15, 2020 as part of the Delaware Judiciary’s ongoing response to the COVID-19 outbreak. In his order, the Chief Justice noted that the escalation of the spread of the COVID-19 virus now requires greater precautionary measures to protect the health and safety of litigants, practitioners, court staff and the public. “Since the declaration of a judicial emergency on March 14, 2020, the courts have done remarkable work using video and telephone instead of in-person appearances while postponing non-emergency matters. Despite these measures to reduce the traffic in our state courthouses, we have had several possible exposures which have been reported publicly. Given the escalating nature of the public health emergency, we needed to take further measures to protect the safety of the courts and our justice partners while keeping essential judicial functions operating.” said Chief Justice Seitz. The Chief Justice also thanked all those who continue to keep our justice system functioning under these trying circumstances. Courthouse staffing will be reduced starting Monday to focus on handling emergency and essential matters, particularly those involving criminal justice. The 24-hour Justice of the Peace Court locations in each county (Court 11 in New Castle County, Court 7 in Kent County and Court 3 in Sussex County) will remain open for payment of bail for all courts and emergency criminal and civil filings for the Justice of the Peace Court. Those employees not directed to be part of the limited staffing of the courts are being directed to stay home and, as directed, work remotely until further notice. Each courthouse will provide a method – such as a drop box – for attorneys and the public without access to e-filing who need to file paper documents when e-filing is not available. When practical, the courts shall provide an email address for attorneys and the public to email documents which will be considered filed with the court when received. The order signed by the Chief Justice also suspends certain requirements for sworn declarations or verifications.

For additional details, please see the text of the order HERE

The J. Caleb Boggs Courthouse and Federal Building is temporarily closed until further notice. 

View Order here

In response to the recent outbreak of coronavirus disease 2019 (COVID-19) in the District of Delaware, the Court has directed that, effective immediately and until further notice, sealed criminal documents shall be filed electronically using the following procedures:  

 Sealed criminal documents shall be electronically submitted to the Court in pdf. format to the following address: SealedCriminal@ded.uscourts.gov Sealed documents requiring the attention of a Magistrate Judge must also be emailed to Keith_Kincaid@ded.uscourts.gov 

Each pdf. shall be identified by criminal case number and the assigned Judge’s initials. For example, USA v. John Smith, Cr. 20-123, assigned to Chief Judge Stark would be transmitted as: 20cr123-LPS. If multiple defendants are involved, the defendant’s suffix number must be included, for example, USA v. Frank Smith, Cr., 20-123-04 would be transmitted as: 20cr123-04-LPS. 

The assigned Judge’s docket clerk will retrieve the sealed document and make the entry on the docket. For additional information, contact the Clerk’s Office at 302-573-6170.

March 18, 2020

Review Directive here

ANNOUNCEMENT

March 18, 2020

All oral arguments scheduled through the end of May 2020 before the Supreme Court of Delaware are cancelled. The Court will decide all March, April, and May appeals without argument unless a motion is filed no later than March 27, 2020 requesting oral argument and stating concisely why oral argument is required, and the position of opposing counsel. No response is permitted. If the motion is granted, the Court will reschedule oral argument to a date to be determined by the Court taking into consideration the duration of the current health emergency affecting the Delaware Courts. 

View Order here