Commission on Law & Technology

Commission Overview

In late 2023, the Delaware Supreme Court, through liaison Justice Karen L. Valihura, has revived, reinvigorated, and redirected the Delaware Commission on Law and Technology.

The Commission, first established as an arm of the Delaware Supreme Court in 2013, worked to provide Delaware lawyers with guidance and education in the use of technology and the practice of law. Since 2013, the Delaware Lawyers’ Rules of Professional Conduct required lawyers to understand and maintain a level of competence in advancements in technology, and the Commission’s efforts focused on developing best practices for attorneys’ use of technology in this context.

Expanding on the Commission’s original work, the Delaware Supreme Court’s November 27, 2023 Order re-establishes and focuses the Commission’s mission to address developing technology and to identify critical technological needs and gaps. Recent developments, including the expansion of the permitted possession and use of cellular devices in Delaware’s courts and the introduction of generative artificial intelligence, highlight the need to address the continually expanding use of technology in Delaware legal matters.

The Court’s Order emphasizes the Commission’s commitment to improving access to justice for all through developing technology and educating attorneys and self-represented litigants in their understanding of and use of technology.

Commission Membership

Justice Valihura and Superior Court Judge Sean P. Lugg serve as co-chairs of the Commission, which is composed of judges, lawyers, and non-lawyers with technology expertise. The current Commission membership roster is found on the Commission Members page.

Appointments to the Commission by the Supreme Court will be for a three-year term, subject to reappointment to additional terms by the Supreme Court. The Commission will submit an annual report to the Supreme Court on its findings and recommendations.

Committee Structure and Membership

In early 2024, the Commission formed standing committees to allow commission members to draw from Delaware’s legal and technological communities to address some of the most pressing technology issues presented in today’s practice of law. The current committees are: