Gov. John Carney recommends $700,000 be added to the judicial branch’s budget to add two Court of Chancery Magistrates and six support staff positions to help manage an increase in court demands.
Chief Justice Collins Seitz told the Joint Finance Committee that since 2018, new cases have increased over 40% and hearings are up over 65%.
The Chancery Court primarily deals with disputes involving the internal affairs of Delaware corporations, and the chief justice says business increased by 600,000 from 2017 to 2022.
“It’s really important just for their own health and for the functioning of this court, which as the studies have come out and shown, indirectly or directly contributes about a third of the state’s budget, that we support them," Seitz says.
The plan is to expand the types of cases that are assigned to Magistrates to help reduce the caseloads for Vice Chancellors.
Seitz says an internal survey found judicial officers work an average of 63 hours per week with 60% reporting a 7-day work week.
He notes the expansion request is part one of a two-part plan. The judicial branch plans to request an additional two Magistrates in FY 2026 along with support staff.
The judicial branch did see a decrease in employment vacancies from a five-year high in 2023 at 160 empty positions. The branch is now reporting close to 140 vacancies.
Although not an official request from the judicial branch, the Chief Justice explained the need for more attorneys in Family Court custody proceedings.
Seitz says there are currently 10 positions statewide to represent parents in custody cases with 2 vacancies, which he does not expect to be filled due to their non-competitive hourly pay rate.
He asked the Joint Finance Committee to support House Bill 86, introduced in March 2023, which would establish a right to counsel for indigent parents, provided by a legal services entity contracted with the Family Court, the Office of Defense Services or an appointed private attorney.
“This is a critical need of the Family Court now because without fulfilling this need, it means parents are going to come into these proceedings for 12 to 18 months with no representation or little representation before they have their children taken away from them," he says.
The bill’s FY24 fiscal note is expected to be close to $1.7 million and reach a recurring operating cost of $3.2 million by FY26.
The bill has cleared the House Judiciary Committee and currently awaits a hearing in House Appropriations.
The governor is recommending an overall 7.2% general fund increase for the branch, with an operating budget of $123 million for FY25.
