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.