Bill Text: DE SCR9 | 2013-2014 | 147th General Assembly | Draft


Bill Title: A Resolution To Create A Blue Ribbon Task Force To Review Open Family Court Proceedings.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2013-07-01 - Passed in House by Voice Vote [SCR9 Detail]

Download: Delaware-2013-SCR9-Draft.html


SPONSOR:

Sen. Ennis & Rep. Ramone

 

Sens. Hall-Long, Henry, Peterson, Sokola; Reps. Baumbach, J. Johnson, Kowalko, Mitchell, Briggs King, Hudson, Outten, Peterman, D. Short, Smyk & Wilson

DELAWARE STATE SENATE

147th GENERAL ASSEMBLY

SENATE CONCURRENT RESOLUTION NO. 9

A RESOLUTION TO CREATE A BLUE RIBBON TASK FORCE TO REVIEW OPEN FAMILY COURT PROCEEDINGS.


WHEREAS, the Family Court of Delaware is a trial court of specialized statewide jurisdiction over all domestic relations, juvenile delinquency, and intra-family misdemeanors; and

WHEREAS, the Family Court's jurisdiction intensely affects the lives of many Delaware residents; and

WHEREAS, the proceedings involving adoption/termination of parental rights, custody rights/visitation, dependency/neglect, guardianship, paternity and divorce/alimony/property division in Family Court are closed by statute pursuant to the Delaware Code, unless sufficient reasons exist to open the proceedings to the public; and

WHEREAS, Article 1, Section 9 of the Delaware Constitution reads in part that "[a]ll courts shall be open"; and

WHEREAS, in Husband C. v. Wife C., 320 A.2d 717, 728 (Del. 1974), the Supreme Court concluded "that this Constitutional provision was not directed to the question of public trial"; and

WHEREAS, the 139th General Assembly passed House Joint Resolution 4 creating a Task Force to study the current system in Delaware for opening Family Court hearings and to develop recommendations to improve that system; and

WHEREAS, the integrity of the Family Court process could be enhanced by opening court proceedings; and

WHEREAS, it is important to study the effects opening Family Court proceedings for the purpose of determining whether existing laws regarding such proceedings should be modified to reflect a presumption of openness; and

NOW THEREFORE:

BE IT RESOLVED by the 147th General Assembly that a Blue Ribbon Task Force be created with the charge of reviewing the feasibility of opening Family Court proceedings to the public.

BE IT FURTHER RESOLVED that the President Pro Tempore of the Senate and the Speaker of the House of Representatives appoint thirteen members of the Task Force to consist of two members of each of the Senate and the House of Representatives, two Judges/Commissioners of Family Court, One Child Psychologist, One member of the Attorney General's Office, One member of the Office of the Child Advocate, One Family Law Attorney, and two members of the Family Law Commission and one public member; and

BE IT FURTHER RESOLVED that the task force is to submit a report to the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the Chair of the Family Law Commission by February 15, 2014.


SYNOPSIS

This resolution creates a Blue Ribbon Task Force to review the feasibility of opening Family Court proceedings to the public.The report is due by February 15, 2014 with a copy delivered to the President Pro Tempore of the Senate and the Speaker of the House of Representatives.

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