Operating Procedures

Media Coverage, Public Access and Records Management

Media Coverage, Public Access and Records Management

Media Coverage:
1. Definition: A "Media Representative" shall have bona fide credentials or identification issued by a bona fide media organization whose news reports are made available to the general public on a regular basis.
2. Policies:
  1. The Presiding Judge for each Court may establish guidelines for a Judicial Officer presiding over a case to authorize, at his discretion, photographic and electronic media coverage of non-jury, non-confidential civil proceedings under Rule 2.10 (C) of the Delaware Judges Code of Judicial Conduct.
  2. Video and audio recordings of Supreme Court non-confidential oral arguments are posted on the official website of the Delaware Judiciary in the time frame determined by the Supreme Court, generally two days after the oral arguments have concluded, and are available for one year thereafter.
Public Access to Court Administrative and Case Records:
Although the Judicial Branch, a separate, coequal Branch of government under our State Constitution, is exempt from the requirement of the Delaware Freedom of Information Act, 29 Del. C. Chapter 100, the Judicial Branch supports the presumption of open public access to Court records, a presumption that can be out-weighed by other public policy concerns including security or confidentiality. The Judicial Branch has adopted formal public access policies or procedures covering the release of administrative and case records based on the Template Policy on Public Access to Judicial Branch Administrative Records, attached as Appendix I. Judicial Branch policies are included and shall be posted online for the general public:
1. Administrative Office of the Courts Policy Statement 18, Delaware Administrative Office of the Courts Policy on Public Access to Administrative Records, attached as Appendix I-1;
2. Policy on Public Access to Supreme Court Administrative Records, attached as Appendix I-2;
3. Policy on Public Access to Records in the Delaware Court of Chancery, attached as Appendix I-3;
4. Administrative Directive of the President Judge of the Superior Court of the State of Delaware (No. 2000-5) Policy on Public Access to Superior Court Judicial Records, attached as Appendix I-4;
5. The Family Court of the State of Delaware Public Access Policy (May 8, 2007), attached as Appendix I-5;
6. Administrative Directive of the Chief Judge of the Court of Common Pleas for the State of Delaware (No. 2001-1) Policy on Public Access to the Court of Common Pleas Judicial Records, attached as Appendix I-6;
7. Justice of the Peace Court Policy Directive 14-249 (October 21, 2014) Public Access to Administrative Records, attached as Appendix I-7A.
8. Justice of the Peace Court Policy Directive 14-250 (October 21, 2014) Public Access to Court Records, attached as Appendix I-7B.
Online Judicial Opinions and Case Records:
1. Public Records: Judicial opinions and case records posted on the Judicial Branch's website or available through Court Connect are public records. The Judicial Branch will not impede online search engines from indexing or publishing opinions, except in limited circumstances warranting such exceptions.
2. Exceptions: In limited circumstances, including a serious threat to an individual's safety or significant negative implications relating to an individual's ability to transact business or obtain or retain employment or housing, an individual may request that access to an opinion or Court record be restricted.
  1. An individual requesting restricted access to records shall send her application to the Court that published the opinion or maintains the record and shall include the following information:
    1. name of the applicant (the applicant has to be the person whose name is referenced in the case(s)) or the legal representative of that person;
    2. case name(s);
    3. case number(s);
    4. Court from which the case(s) were issued; and reason(s) why the applicant is asking for restricted access to the opinion or case record.
  2. The Court that published the opinion and maintains the record shall determine whether online access to the record or opinion should be restricted.
  3. The administrative or computer costs associated with implementing the actions may be assessed to the applicant. If costs will be assessed in a particular situation, the applicant will be provided an estimate, and must agree to pay the costs, in advance of the performance of the work.
  4. The Judicial Branch is not responsible if opinions or Court records continue to be available online from other websites through non-state search engines once the Judicial Branch has removed the information from its website.