Case Processing in Superior Court Help & Support - Delaware Courts (2024)

  • Supreme Court
  • Court of Chancery
  • Superior Court
  • Family Court
  • Court of Common Pleas
  • Justice of the Peace Court

What is Superior Court?—Our History

Historically, jurisdiction for criminal cases in the State of Delaware was divided between the Court of Oyer and Terminer, which heard all cases punishable by death, and the Court of General Sessions, which heard all other criminal cases which were not exclusively heard by the Justice of the Peace Courts. The Justice of the Peace Courts heard the misdemeanor cases that the legislature determined by statute should be held in those courts. The Delaware Constitution of 1831 created a Superior Court which mostly heard cases of a civil nature. Constitutional amendments in 1951 abolished the Courts of Oyer and Terminer and of General Sessions, and transferred their functions to the Superior Court. With some equitable and statutory exceptions, Superior Court now has general jurisdiction over all criminal and civil cases. While most violations and misdemeanor cases are heard in Justice of the Peace Courts, Alderman's Courts, or the Court of Common Pleas, and most criminal cases involving juveniles are heard in Family Court, Superior Court is the only Court in the State where a conviction can be entered on a felony charge. Superior Court also has jurisdiction to act as an intermediate level appellate court in some instances.

Who's Who in Superior Court?—The Participants

There are many people who take part in a criminal case in Superior Court. Some of the ones present in the courtroom include the judge, the court reporter, the court clerk, and the bailiff. Other key figures include the witnesses, the jurors, the defendant, and the attorneys. There are also many participants who act behind the scenes to try to ensure that the criminal case process is as effective as possible. The following are some of the many people you may see working at Superior Court:

The Hearing Officer

In most instances, this will be a Judge of Superior Court. Each judge is nominated by the governor, and confirmed by the Senate, to serve twelve year terms. The judge is the central figure in the courtroom, and allows both sides of a case to present their versions of the facts, pursuant to established rules of evidence and procedure. In a trial, a judge oversees the proceedings and makes decisions on any legal disputes that may arise. If the trial is held without a jury, the judge will also make decisions regarding any factual disputes. The Court Commissioner also plays an integral part in the courtroom, making decisions in cases prior to a final resolution of criminal charges. In some cases, with the consent of both sides, the Commissioner will also accept the entry of final dispositions in cases. Superior Court also has Masters who perform many judicial functions, including making determinations on post-conviction motions and holding civil contempt of court hearings. These hearing officers are supported by judicial secretaries and law clerks who perform scheduling, legal research, and many other functions to keep the judicial chambers running smoothly and effectively.

The Bailiff

A court officer entrusted to maintain order in the courtroom. Acting as the custodian of the jury, if there is one, the bailiff also is responsible for making certain that the courtroom is safe and secure, so that a case may proceed without distraction or interruption. Bailiffs also act to check that all participants necessary for a case are present.

The Court Reporter

The reporter acts to record the proceedings in Superior Court. This making of a record is an important part of the judicial process, as it allows others, who were not present in the courtroom, to understand what happened in each case, and to possibly make decisions on the basis of that record. Appeals, and motions after a final decision in a case often rely upon a transcript of the record prepared by the court reporter's office.

The Court Clerk

The courtroom clerk administers oaths to witnesses and jurors, records selected activities for official case file records, and acts as the custodian for all case exhibits. The principal clerk of Superior Court is the Prothonotary, and it is not uncommon for other participants in a criminal case to refer to the court clerk as the prothonotary. The Prothonotary oversees not only the courtroom clerks, but also an office of clerks who perform such functions as accepting and releasing bail, preparing commitments of defendants to the custody of the Department of Corrections, and releases. The Prothonotary's Office also accepts motions, indictments, and other paperwork filed with the Court, prepares judicial orders at the request of the Court, and acts to ensure that judicial orders have been followed.

The Investigative Services Officer

The Investigative Services Officer is the closest the Court has to a true investigator. The Investigative Services Office has a number of investigators and support staff who focus their investigative powers on the backgrounds of people being sentenced in Superior Court, and on the harm to victims in criminal cases. Superior Court follows sentencing guidelines when determining the sentence of a defendant who has been found guilty, or entered a guilty plea. These guidelines rely upon the hearing officer`s familiarity regarding such things as a defendant`s past criminal history. The Investigative Services Office makes certain that the judge can make an informed decision by providing this information. Restitution amounts are often determined and verified by the Investigative Services Office.

Jury Services

Many of the people who enter the courthouse daily, are offered the hospitality of the Court by the Office of Jury Services. This busy office sends out jury notices and questionnaires, and hosts jurors during their stay at Superior Court. Besides the ability to vote, the ability to serve on a jury is one of the most democratic activities a citizen can perform. The jury makes the important decisions of fact that determine life, liberty, and property issues for defendants, and for victims of crimes, on an individual, case-by-case basis. The Jury Services Office focuses upon making certain that citizens have the opportunity to retain the right to make these decisions.

Jurors

When our country was founded, the framers of our constitution included the concept of grand juries and jury trials for a very specific purpose. The purpose was to prevent the government that they were starting from becoming as oppressive as the one that they left. In Delaware, a defendant has a right to be indicted by the grand jury in a felony case, and a right to a jury trial. These rights help to protect each of us from a government that might otherwise arbitrarily and maliciously prosecute cases without the individuals of the community being directly involved. The members of the Grand Jury in Delaware hear evidence presented by the Attorney General's Office to determine whether there is probable cause (having more evidence for than against) that a person committed a crime. If the Grand Jury finds probable cause, they return the indictment as a true bill, and if they find that probable cause does not exist, they may mark it as ignored. There is a separate Grand Jury for each county, and the grand juries are made up of one representative each from a number of different districts within that county to ensure that all regions of a county are adequately represented. The petit jury is a body of citizens, normally 12, who are selected and brought before a judge, and sworn to try and make a determination by verdict as to whether or not a defendant is guilty or not guilty of crimes charged against him or her.

Attorneys

By their admission to the Bar of the State of Delaware, attorneys are officers of the court, and are required to follow the rules of the court, and the rules of professional conduct. Many of the Delaware attorneys involved in criminal cases in Delaware are employees of the State. In the vast majority of criminal cases in Superior Court, the State is represented by the Attorney General's Office. Deputy Attorneys General prosecute cases, present evidence to the Grand Jury, and sometimes bring appeals from lower courts to Superior Court. While there are many private defense attorneys who represent clients in Superior Court, there are many defendants who cannot afford the services of defense counsel. The Office of the Public Defender provides Assistant Public Defenders to defendants who can show that they do not have the financial means to provide for their own defense. In some cases, there is a conflict for one reason or another, in the representation of a defendant by the Public Defender's Office. When that happens, the Court will appoint a private attorney on a temporary basis for a determination of that defendant's case.

The Sheriff

Each county has a Sheriff's Office, which has a number of responsibilities. In criminal cases, the Sheriff performs two major functions. They provide in-person service of subpoenas upon defendants and witnesses, and they bring before the Court those people who have had a capias issued against them by the Court. A capias is a civil writ which requests that someone be brought to the Sheriff, so that the Sheriff's Office can bring the person before a hearing officer of the Court. At the return of the capias, the person being brought before the Court is required to explain to the hearing officer any number of things as the situation demands, such as: why they did not come to a court proceeding when they were subpoenaed to do so, or why they did not sign up with the probation office as ordered, or as a material witness in a case, why they shouldn't be held on bail until they get an opportunity to testify in a case.

Non-Judicial Participants. There are a large number of other members of the criminal justice system who play a role in making the Court function correctly or guarantee that the orders of the court are followed. Among them are:

Department of Corrections Transportation Officers

The officers bring incarcerated defendants to and from the prisons, and supervise the defendants during their stay.

Capitol Police

These Capitol Police officers provide security for the courthouses, and screen visitors to the courts for weapons and contraband.

Among the many Departments and Agencies that enforce the orders of the Court are: Department of Correction,Probation and Parole Office, TASC, Sodat, Brandywine Counseling, Inc., and the Community and Restorative Justice Project.

Bail Bonds Companies

While private citizens can post bail, often the amount of bail required to release a defendant during their case is more than a defendant and his or her family can afford. Bail Bond Companies are private companies which work with insurance companies to provide bail for people who contract with them for that service.

Case Processing in Superior Court 
Help & Support
 - Delaware Courts (2024)

FAQs

What is the rule 77 in the Delaware Superior Court? ›

Rule 77 - Superior Courts; Prothonotaries, records and exhibits, fees (a)Superior Court always open. The Superior Court shall be deemed always open for the purpose of the transaction of business. Each term shall continue until the formal opening by the Court of the next succeeding term.

What is the rule 32 in Delaware Superior Court? ›

Rule 32 - Stays and injunctions pending appeal; security for such stays or injunctions (a)Stay or injunction pending appeal. -Except in a challenge to a final award under the Delaware Rapid Arbitration Act, a motion for stay must be filed in the trial court in the first instance.

What is the rule 31 in the Delaware Superior Court? ›

Rule 31 - Depositions upon written questions (a) Serving questions; notice. After commencement of the action, any party may take the testimony of any person, including a party, by deposition upon written questions. The attendance of witnesses may be compelled by the use of subpoena as provided in Rule 45.

How much does a judicial case processor make in Delaware? ›

Judicial Case Processor I
Opening Date8/30/2024 12:00:00 AM
Type of RecruitmentExempt-Non Merit
SalaryYearly: $32,516.00 Possible 5% Shift Differential
Salary PlanGJP0
Pay Grade6
8 more rows

What is Rule 24 in Delaware Superior Court? ›

Rule 24 - Trial jurors (a) Examination. - In addition to the examination required by 11 Del. C. § 3301 in capital cases, the court shall conduct or permit such examination as is reasonably calculated to ascertain prejudice of a juror.

What is the rule 14 in the Delaware Superior Court? ›

Whenever any document, paper or testimony in a foreign language is included in any appendix or is cited in any brief, an English translation of such document, paper or testimony, made under the authority of the trial court or agreed by the parties to be correct, shall be included in the appendix.

What is the Rule 5 in Delaware Superior Court? ›

Rule 5.

No service need be made on parties in default for failure to appear except that pleadings asserting new or additional claims for relief against them shall be served upon them in the manner provided for service of summons in Rule 4.

What is the Rule 4 in Delaware Superior Court? ›

Rule 4 - Process (a) Issuance of writs. Upon the commencement of an action, the Prothonotary shall forthwith issue the process specified in the praecipe and shall deliver it for service to the sheriff of the county or counties specified in the praecipe or to a person especially appointed by the Court to serve it.

What is the Rule 6 in Delaware Superior Court? ›

Rule 6 - Time (a) Computation. In computing any period of time prescribed or allowed by these Rules, by order of court, or by statute, the day of the act, event or default after which the designated period of time begins to run shall not be included.

What is Rule 25 in Delaware Superior Court? ›

Rule 25 - Substitution of Parties (a) Death. (1)Substitution if the Claim Is Not Extinguished. If a party dies and the claim is not extinguished, the Court may order substitution of the proper party.

What is Rule 19 in Delaware Superior Court? ›

Rule 19 - Mandate (a)When issued - Motion for reargument - Stay. -In each case finally determined, a mandate, certified copy or other appropriate process, with a certified copy of the opinion or order, notice of dismissal or stipulation of dismissal shall be issued to the trial court.

What is the rule 69 in the Delaware Superior Court? ›

Rule 69 - Execution Writ for Payment of Money (a) In general. If a final order be for the payment of money, it may contain, in addition to other methods of enforcement of the order, an order for the issuance of writs of execution substantially in the form and with the same effect as those used in the Superior Court.

What does a case processor do? ›

Analyzes case information to determine the appropriate procedures to close cases involving multiple work streams. Maintains and updates a variety of manual and automated tracking systems used in processing cases. Secures, updates, and reviews case information to build the administrative record.

What is a judicial case processor? ›

Prepares and issues a wide variety of court and legal documents. Researches case files, records, databases and other sources of information to insure accuracy of case data and resolve discrepancies.

What is the highest salary in court? ›

How much do judges make?
  • Chief Justice of India: ₹2,80,000 per month.
  • Supreme Court judges: ₹2,50,000 per month.
  • High Court judges: ₹2,25,000 per month.

What is the rule 17 in the Delaware Superior Court? ›

Rule 17 - Opinions and orders (a)Final decisions. -All decisions finally determining or terminating a case shall be made by written opinion, or by written order, as determined by the Court. (b)Filing. -Each written opinion or order of the Court shall be filed with the Clerk.

What is Rule 37 Superior Court of Delaware? ›

Rule 37 - Failure to make discovery: Sanctions (a) Motion for order compelling discovery. - A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling discovery as follows: (1) Appropriate court.

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