The Delaware State Bar Association has taken feedback from an in-depth study of the judiciary and recommended several changes aimed at improving efficiency and consistency on the Court of Chancery and the Supreme Court, including that justices discuss cases before hearing oral arguments and scale back the high court’s preference for unanimity.
As for the Chancery Court, the study—which included feedback from hundreds of judges and practitioners—indicated frustration with a lack of consistency in approving settlements and with an emphasis on including dicta in opinions, a tendency they saw as out of step with the stance of the Supreme Court.
