§ 1011 — Transfer of cases from Superior Court to Family Court; appeals of denials of transfers

Delaware § 1011

• Jurisdiction: Delaware
• Title: 10
• Part: Organization, Powers, Jurisdiction and Operation of Courts
• Ch. 9: THE FAMILY COURT OF THE STATE OF DELAWARE
• Subch.: Procedure

Text

(a) In any case in which the Superior Court has jurisdiction over a child, the Attorney General may transfer the case to the Family Court for trial and disposition if, in the Attorney General’s opinion, the interests of justice would be best served.

(b) Upon application of the defendant in any case where the Superior Court has original jurisdiction over a child, the Court may transfer the case to the Family Court for trial and disposition if, in the opinion of the Court, the interests of justice would be best served by such transfer. Before ordering any such transfer, the Superior Court shall hold a hearing at which it may consider evidence as to the following factors and such other factors which, in the judgment of the Court are deemed relevant:

(1) The nature of the present offense and the extent and nature of the defendant’s prior record, if any;

(2) The nature of past treatment and rehabilitative efforts and the nature of the defendant’s response thereto, if any; and

(3) Whether the interests of society and the defendant would be best served by trial in the Family Court or in the Superior Court.

(c) (1) The hearing described in subsection (b) of this section shall be held by the Superior Court only upon timely application of the defendant. Such application shall be deemed timely if made within 60 days of arraignment. The Court may enlarge said time period for good cause.

(2) The hearing shall be held by the Superior Court as soon after such application is made as is practicable. Within 90 days of the arraignment, the Superior Court shall announce its decision as to whether the case is to be transferred to the Family Court; however, the Court’s failure to do so shall not be considered as providing a basis for transferring the case to the Family Court, for dismissing the charges, or for providing any other form of relief.

(d) In the event the case is transferred by the Superior Court under this section, the case shall proceed as if it had been initially brought in the Family Court, and the Family Court shall have jurisdiction of the case, anything to the contrary in this chapter notwithstanding.

(e) In the event the Superior Court denies the application to transfer the case to the Family Court and the child subsequently enters a plea of guilty or nolo contendere, the child shall have the right, within 30 days of the child’s sentence, to directly appeal the denial of transfer to the Supreme Court. No plea may be conditioned on a child waiving the child’s right of appeal under this subsection.

(f) Notwithstanding any provision of this section or title to the contrary, the Superior Court shall retain jurisdiction over any case involving a child where the child has previously been declared to be nonamenable to the rehabilitative processes of the Family Court pursuant to § 1010 of this title, or where the child has previously been the subject of a denied application for transfer pursuant to this section, or where the child has previously been convicted as an adult of any felony as set forth in Title 11 or 16, unless the prior Superior Court order has been reversed by the Supreme Court under this section.

Legislative History

10 Del. C. 1953, § 939; 58 Del. Laws, c. 116, § 2 ; 69 Del. Laws, c. 335, § 1 ; 70 Del. Laws, c. 263, § 2 ; 70 Del. Laws, c. 186, § 1 ; 70 Del. Laws, c. 598, §§ 4, 5 ; 73 Del. Laws, c. 408, § 1 ; 83 Del. Laws, c. 40, § 1 ; 85 Del. Laws, c. 141, § 2