Guest Post — Ask John Brady
John Brady joined in the conversation in El Som’s Law Firm Closing Thread, and a poster asked john a question. We asked John if he would like to respond to the periodic question from Delaware Liberal readers on an occasional basis. We are using the question anon asked of John for the first post. Discuss or ask questions in the comments.
Do you have other questions? Post them here. General law and politics are in bounds. He can’t provide specific legal advice or break confidence for ongoing work.
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Question for John from anon – I really liked the law show on ‘GMD the other day. I couldn’t call in to address a key question I’ve had for a while, though. Why in the world does Delaware have such a complicated, user-unfriendly court system? I understand the whole Chancery thing, specializing in business and corporate law. But all the divisions between JP, Common Pleas and Superior courts seem intentionally designed to frustrate the hell out of the layperson. I know they’re actually holdovers from the olden days, but still. Is there no support for modernizing?
John’s Answer — Here is the best answer I can give. It is a confusing system that has grown out of Delawares needs and the legislative concerns. Each court is very protective of its turf. The Justice of the Peace Courts has been and will still be the place for Landlord Tenant cases and first and second offense DUI because they can be heard relatively quickly and inexpensively.
Superior Court shares Jurisdiction with CCP for misdemeanors and civil cases under $50,000, although CCP is known more for getting a good plea bargain on a traffic offense and Superior Court handles mortgage forclosures and serious criminal trials. Courts 2000 had some ideas for consolidation and modernization but they have not made it into law. I don’t see any changes in the basic structure for many years to come.
Hope this is helpful
Note-If you have a general Law question-post it and I will try and answer it.
Tags: Ask John Brady
Is it a crime to continually msipsell your posts even after your piers continually tll you it’s annoying?
Stop calling me a wharf!!!!
I have bought real estate in at least 5 states, and not until returning to Delaware did I have to have an attorney at the table. Mind you– no advice given, no meeting, just at the table..for a fee. I KNOW this ain’t going to change. Your thoughts? And could I please reccommend some attorney out there reading this, start a McDonald’s type practice of a deeply discounted real estate/settlement service, where that is all you do–and a franchise income will follow. Perhaps even an outcall service, to meet us at the table. An attorney for the requirement, not for eternity.
Courts 2000 had some ideas for consolidation and modernization but they have not made it into law.
Would these ideas represent any long term cost savings for the system? Or at least, enable the budgeteers to reallocate funds so that the portions of the system in need of greater resources actually get them?
Joanne
The Delaware Supreme Court ruled in Mid Atlantic Settlement Services that a Delaware Licensed Attorney was required in matters related to real estate settlements: The decision is here:
http://courts.delaware.gov/opinions/2u5jfvnlykltf255xerzmn55)/download.aspx?ID=51000
Cassandra M
Courts 2000 recommended eliminating the Aldermans Courts and expanding JP Courts-that will not happen.
Revising the Juristictional limits, eliminating jury trials for traffic offenses(violations but not DUI) and for offenses such as dog at large and littering are still being considered. There reforms would save money and speed up jury trials for those cases (serious misdemeanors and felonies) that warrant them
When there is no money, the legislature looks at policy issues.
Back under the rock until needed again
John
I am trying to make a hot link to the case but I am not being sucessful
Here is try 2
http://courts.delaware.gov/opinions/2u5jfvnlykltf255xerzmn55)/download.aspx?ID=51000
If it doesn’t work type all of that in to the search bar or go to de.gov then courts
then opinions
then 2000
then Supreme Court and then search for Mid-atlantic
Thanks, John!
Thank you John!
Mid-Atlantic Settlement Services case
I think that link will work.
When will my post get moderated? Thank you.
Jason,
I’m not sure.
I can see why you’d like to get a response to that question, but it doesn’t seem like the kind of business we are trying to conduct here.
Let me talk to my comrades and get back to you.
The post was moderated since it wasn’t Delaware Liberal business and not on topic for this thread. I did forward the complete text of the post and your contact info directly to John Brady.
Thanks Cassandra.
If every comment that wasn’t “DL business” or “on topic” were moderated, 90 percent of the posts here would vanish.