United_States_District_Court_for_the_District_of_Delaware

United States District Court for the District of Delaware

United States District Court for the District of Delaware

United States federal district court of Delaware


The United States District Court for the District of Delaware (in case citations, D. Del.) is the Federal district court having jurisdiction over the entire state of Delaware. The Court sits in Wilmington. Currently, four district judges and five magistrate judges preside over the court.

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Because Delaware is the state of incorporation for most major U.S. corporations, the District of Delaware hears and tries many patent and other complex commercial disputes that must be heard in federal court for diversity of citizenship reasons, and hears many appeals from bankruptcy disputes which are filed with the United States Bankruptcy Court for the District of Delaware.

Appeals from the Court are heard by the United States Court of Appeals for the Third Circuit, which sits in Philadelphia, Pennsylvania (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit).

The current United States attorney for the District of Delaware is David C. Weiss since January 22, 2018.

History

The court was one of the original 13 courts established by the Judiciary Act of 1789, 1 Stat. 73, on September 24, 1789. From its establishment until 1946, the court had a single judge. A temporary additional judgeship was authorized on July 24, 1946, by 60 Stat. 654, and was made permanent on September 5, 1950, by 64 Stat. 578. A third judge was authorized on February 10, 1954, by 68 Stat. 8, and a fourth on July 10, 1984, by 98 Stat. 333.

Current judges

As of January 4, 2024:

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Former judges

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  1. Recess appointment; formally nominated on December 5, 1823, confirmed by the United States Senate on December 9, 1823, and received commission on December 9, 1823.

Chief judges

Chief judges have administrative responsibilities with respect to their district court. Unlike the Supreme Court, where one justice is specifically nominated to be chief, the office of chief judge rotates among the district court judges. To be chief, a judge must have been in active service on the court for at least one year, be under the age of 65, and have not previously served as chief judge.

A vacancy is filled by the judge highest in seniority among the group of qualified judges. The chief judge serves for a term of seven years, or until age 70, whichever occurs first. The age restrictions are waived if no members of the court would otherwise be qualified for the position.

When the office was created in 1948, the chief judge was the longest-serving judge who had not elected to retire, on what has since 1958 been known as senior status, or declined to serve as chief judge. After August 6, 1959, judges could not become or remain chief after turning 70 years old. The current rules have been in operation since October 1, 1982.

Succession of seats

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United States attorneys

Source: [1]

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    See also


    References

    1. "U.S. Attorneys | District of Delaware | United States District Court". www.ded.uscourts.gov. Retrieved December 26, 2020.
    2. "The Political Graveyard: U.S. District Attorneys in Delaware". politicalgraveyard.com. Retrieved April 6, 2024.

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