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This 16th day of March 2020, it appears to the Supreme Court of Delaware that: WHEREAS, the Centers for Disease Control and Prevention has determined that a novel coronavirus (“COVID-19”) presents a serious public health threat, and this threat is affecting Delaware; WHEREAS, the President of the United States of America, has declared a National State of Emergency due to the public health threat caused by COVID-19; WHEREAS, under his authority set forth in 20 Del. C. ch. 31, Governor John C. Carney declared a State of Emergency for the State of Delaware due to the public health threat caused by COVID-19; WHEREAS, under 10 Del. C. § 2004, the Chief Justice, in consultation with other members of the Supreme Court, declared a judicial emergency that went into effect on March 16, 2020 at 8:00 a.m. and that will continue for 30 days, subject to further review; and WHEREAS, in the interest of protecting litigants, practitioners, court staff, and the public, the Supreme Court of Delaware has implemented, and will continue to implement, certain precautionary measures. NOW, THEREFORE, IT IS ORDERED that the following precautionary measures will go into effect immediately and remain in place until further order of the Supreme Court of Delaware: 1. Supreme Court Rule 10(d), which requires the filing of paper copies of briefs and appendices with the Court, is suspended. 2. Lawyers shall not submit paper copies of any documents that have been electronically filed with the Court.

FOR THE COURT: /s/ Collins J. Seitz, Jr. Chief Justice

Dover, Del. - Ongoing concerns for the potential transfer of the coronavirus (COVID-19) and public safety continues as a priority for Kent County Levy Court. Because of this, starting today at 5:00 p.m., the Kent County Administrative Complex will be closed to the public until further notice. Business will continue through electronic means or by telephone.

Additionally, the Levy Court Committee Meeting scheduled for March 17 at 7:00 p.m. is CANCELED. The meeting will be rescheduled at a later date. Notice will be posted on the County’s website, www.co.kent.de.us and on Facebook and Twitter @KCLevyCourt. As a reminder, Parks and Recreation and Kent County Public Library suspended all public services last Friday, March 13. Levy Court encourages the public to follow the Centers for Disease Control and Prevention (CDC) procedures for limiting potential transmission causes. Common procedures include: practicing good hygiene by washing hands with soap and water and then using hand sanitizer, avoiding large activities and gatherings, and staying home if you are feeling sick or have a sick family member in the home. 

View full Notice here

ORDER DECLARING A JUDICIAL EMERGENCY

On the 13th day of March 2020:

WHEREAS, the Centers for Disease Control and Prevention has determined that a novel coronavirus disease (“COVID 19”) presents a serious public health threat, and this threat is affecting the State of Delaware; and

WHEREAS, the President of the United States of America, has declared a National State of Emergency due to the public health threat caused by COVID 19;

WHEREAS, under his authority set forth in 20 Del. C. ch. 31, Governor John C. Carney declared a State of Emergency for the State of Delaware due to the public health threat caused by COVID 19; and

WHEREAS, the State of Emergency for Delaware took effect Friday, March 13, 2020 at 8 AM and was determined to be in the best interests of the State to protect its citizens from a potential public health emergency that could threaten the lives of those who live and work in the State and is designed to avoid transmission of the disease; and

WHEREAS, the Governor’s State of Emergency declaration called for, among other things, the State to utilize electronic means of communication for official 2 public meetings and limit “non-essential mass gatherings” of 100 people or more; and

WHEREAS, thousands of people, including jurors, parties, witnesses, lawyers, judges, and court staff, enter Delaware’s courthouses per day; and

WHEREAS, under 10 Del. C. § 2004(a), the Chief Justice, in consultation with other members of the Supreme Court, has the authority to “declare a judicial emergency when the Chief Justice determines that there are emergency circumstances affecting 1 or more court facilities;” and

WHEREAS, under 10 Del. C. § 2004(a), “emergency circumstances” includes but is not limited to “disease … or other natural or manmade causes [affecting] the ability to access the courthouses or the ability to staff courts;” and

WHEREAS, under 10 Del. C. ch. 20, the Chief Justice has the authority in declaring a judicial emergency to permit court proceedings to take place in other venues, to permit the use of audiovisual devices for all civil and criminal proceedings (except trial by jury), to suspend, toll, extend, or otherwise grant relief from deadlines or other time schedules, and to take such other actions as are reasonably necessary to provide for the continued operation of the courts during a judicial emergency;

NOW, THEREFORE, IT IS HEREBY ORDERED that: 1. Under the authority of 10 Del. C. § 2004, a judicial emergency is declared, to become effective March 16, 2020 at 8:00 a.m. and continuing for 30 days, subject to further review. 3 2. During the period of judicial emergency, all trial courts in the State shall have the discretion to continue trials and hearings in civil and criminal cases for a period of 30 days in order to limit the number of people gathering in public court buildings. 3. To the greatest extent possible, all trial courts in the State are authorized and encouraged to utilize audiovisual devices to conduct proceedings (except for jury trials). 4. During the period of judicial emergency, all time requirements under the Speedy Trial Guidelines are hereby tolled. 5. Unless circumstances dictate otherwise for a particular building, all judicial branch facilities will remain open until further notice.

BY THE CHIEF JUSTICE: /s/ Collins J. Seitz, Jr. Chief Justice

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Click here to view the Order effective March 16, 2020

FOR IMMEDIATE RELEASE March 13, 2020

Delaware Court of Common Pleas issues new standing order to help limit the spread of COVID-19 virus Jury trials to be rescheduled, those in custody will be offered the option of alternate proceedings Effective March 16, 2020, the Court of Common Pleas for Delaware will be taking measures to protect against the spread of the COVID-19 virus. It is of the utmost importance that parties communicate with each other and the Court as the impact of the COVID-19 virus continues to develop. In the event that any in-court proceeding would require the presence of a person infected or potentially exposed to COVID-19, that person should not attend the proceeding and promptly notify the opposing party and to the Court. In addition, the Court of Common Pleas is implementing the following: Criminal Proceedings. All jury trials will be rescheduled; persons in custody awaiting jury trial will be afforded the opportunity to consider alternative proceedings. All other in-court criminal proceedings scheduled from March 16, 2020, through May 1, 2020, will be rescheduled, with the following exceptions:

 All proceedings involving persons in custody and emergency reviews of bail will not be rescheduled, but may proceed via telephone or video conferencing or other means where practicable;

 Treatment Court proceedings shall proceed only at the discretion of the Judge, and where the treatment need is determined as clinically necessary;

 On a case-by-case basis, the Court may order certain non-jury matters to proceed as scheduled.

Civil Proceedings. There will be limited civil matters scheduled, which shall be conducted via telephone or video conferencing where practicable.

For additional information, please refer to the Court of Common Pleas Standing Order Concerning COVID-19 Precautionary Measures https://courts.delaware.gov/rules/pdf/CCPStanding-Order-Concerning-COVID-19-Precautionary-Measures.pdf For questions, please contact the Court of Common Pleas at: New Castle County: (302) 255-0900 Kent County: (302) 735-3900 Sussex County: (302) 858-5700

If you believe you have been exposed or have been in contact with someone exposed to the COVID-19 virus, or if you are exhibiting symptoms of the COVID-19 virus identified by the Center for Disease Control and Prevention, please contact your attorney and/or the Court of Common Pleas to schedule your appearance on a new date.

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View Standing Order by clicking here

IN THE SUPREME COURT OF THE STATE OF DELAWARE

IN RE COVID-19 § PRECAUTIONARY MEASURES § ORDER

This 9th day of March 2020, it appears to the Supreme Court of Delaware that: WHEREAS, the Centers for Disease Control and Prevention has determined that a novel coronavirus (“COVID-19”) presents a serious public health threat; WHEREAS, the President of the United States has issued Proclamations prohibiting travel to the United States by foreign nationals who recently visited areas acutely impacted by COVID-19; the Department of State has issued Level 3 and Level 4 Travel Advisories for certain affected countries; and domestic and foreign health authorities have issued guidance to citizens within their respective jurisdictions, both recommending and mandating precautionary measures to defend against the spread of COVID-19; WHEREAS, the Supreme Court of Delaware has issued a statement advising that members of the public who are experiencing symptoms such as cough, fever or other respiratory problems should stay home and, if they have a court date scheduled, that they should notify the appropriate parties; WHEREAS, the Supreme Court of Delaware regularly conducts oral arguments involving the attendance of litigants, practitioners, and other interested persons from around the United States and other countries; and WHEREAS, in the interest of protecting the foregoing individuals, court staff, and the public, the Supreme Court of Delaware will implement certain precautionary measures. NOW, THEREFORE, IT IS ORDERED that the following precautionary measures will remain in place until further order of the Supreme Court of Delaware: 1. With respect to oral arguments, the following procedures shall be followed: (a) Any attorney in an appeal shall promptly provide written notice to the other counsel appearing in such case, if such attorney or party reasonably  believes that a scheduled oral argument may require or cause the presence of an individual who (i) may be infected with COVID-19 or (ii) has been in contact within the past fourteen (14 days) with an individual who may be infected by COVID-19. (b) If notice is given pursuant to subsection (a), the parties shall promptly confer regarding whether an alternative attorney is available without conflicting with subsection (a); and whether a delay in oral argument would be appropriate, and if so, what is the least amount of delay necessary. (c) Within three (3) days of any notice given pursuant to subsection (a), the parties shall file a joint letter or joint motion with the Court that (i) identifies the concern that was the subject of the notice; (ii) explains the steps the parties have agreed upon and implemented to alleviate such concern; (iii) sets forth any relief requested from the Court to address such concern; and (iv) sets forth any disagreements among the parties, including alternative proposals not mutually agreed upon.

FOR THE COURT: /s/ Collins J. Seitz, Jr. Chief Justice  

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Courts.delaware.gov/rules

Effective March 9, 2020, the third-floor of the United States Bankruptcy Court will be temporarily closed and relocated until further notice.  The Court’s Intake Office has been relocated to the United States Probation and Pretrial Services Office, located in Suite 400 on the 4th floor.  Any individuals filing for bankruptcy will need to report to the 4th-floor Intake Office.

The Clerk’s Office has been relocated to the 2nd floor.  All deliveries MUST BE X-RAYED ON THE 5TH OR  6TH FLOORS before delivery to the Clerk’s Office on the 2nd floor.  Binders can be picked up from the Clerk’s Office on the 2nd floor on Fridays between the hours of 10:00 am and 2:00 pm.  Thank you.  

https://www.deb.uscourts.gov/news/

With the retirement of Judge Gregory M. Sleet last week, the Court provides this update on case assignments and Magistrate Judges.

  With little, if any, exceptions, all open cases that were formerly assigned to the GMS docket have now been reassigned to an active District of Delaware District Judge. The same is true for cases that were formerly assigned to the Vacant Judgeship docket (VAC). Cases that were formerly assigned to Visiting Judges that have not been reassigned to a Delaware District Judge will remain assigned to a Visiting Judge (subject to any order that may be entered by the Visiting Judge).

 Newly-filed cases (civil, criminal, and miscellaneous matters) are being assigned in essentially equal numbers to all four District Judge dockets: LPS, RGA, CFC, and MN.

  The Court has also modified its plan for utilization of Magistrate Judges. Beginning today, with respect to newly-filed cases, Chief Magistrate Judge Mary Pat Thynge will work with all four District Judges, Magistrate Judge Christopher Burke is paired with Judges Stark and Noreika, and Magistrate Judge Sherry Fallon is paired with Judges Andrews and Connolly. Each District Judge will determine how he or she wishes to utilize the Magistrate Judges.

  The Court may modify its case assignment plan and Magistrate Judge utilization plan at any time.

October 1st Announcement

http://www.ded.uscourts.gov/news/update-case-assignments-and-magistrate-judges

Please join me in congratulating our very own Claudine Smith (Pro Bono Director) on being the 2018 recipient of the Christopher W. White Access to Justice Award.  We should all feel proud that once again DPA’s dedication and  commitment to pro bono work has opened doors for another paralegal.  Claudine will be recognized at an award ceremony  and breakfast on Thursday, October 24, 2018 at 8:00 a.m. at the Chase Center. Congratulations to you Claudine!!!!