Delaware § 2004 Authority of Chief Justice to declare a judicial emergency; contents of order; duration of order

Delaware Statutes

§ 2004 — Authority of Chief Justice to declare a judicial emergency; contents of order; duration of order

Delaware·Title 10·Part Organization, Powers, Jurisdiction and Operation of Courts·Ch. 20 JUDICIAL EMERGENCY ACT

(a)The Chief Justice shall, in consultation with those other members of the Supreme Court who are available, have the authority, by order, to declare a judicial emergency when the Chief Justice determines that there are emergency circumstances affecting 1 or more court facilities or the ability to staff 1 or more court facilities. This determination shall be based upon emergency circumstances, including but not limited to, terrorist events, enemy attack, sabotage, or other hostile action or from disease, fire, flood, earthquake, accident, or other natural or manmade causes resulting in the destruction of or severe damage to courthouses, the ability to access courthouses, or the ability to staff courts.

(b)The order declaring a judicial emergency shall specify:

(1)The court or courts a

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(a) The Chief Justice shall, in consultation with those other members of the Supreme Court who are available, have the authority, by order, to declare a judicial emergency when the Chief Justice determines that there are emergency circumstances affecting 1 or more court facilities or the ability to staff 1 or more court facilities. This determination shall be based upon emergency circumstances, including but not limited to, terrorist events, enemy attack, sabotage, or other hostile action or from disease, fire, flood, earthquake, accident, or other natural or manmade causes resulting in the destruction of or severe damage to courthouses, the ability to access courthouses, or the ability to staff courts.

(b) The order declaring a judicial emergency shall specify:

(1) The court or courts and facilities affected by the order;

(2) The nature of the emergency necessitating the order;

(3) The time period or duration of the judicial emergency; and

(4) Any other information relevant to the suspension or restoration of court operations, such as relocation of the court to another county or extensions of deadlines.

(c) An order declaring the existence of a judicial emergency shall be limited to an initial duration of not more than 30 days; provided, however, that the order may be modified or extended for additional periods of 30 days each. Any modification or extension of the initial order shall require information regarding the same matters set forth in subsection (b) of this section for the issuance of the initial order.

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