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tion art iv appeals to delaware supreme court judge term length 12 years number of positions 7 website official website courthouse in georgetown delaware one of the court s three locations the delaware court of chancery is a court of equity in the u s state of delaware it is one of delaware s three constitutional courts along with the supreme court and superior court until 1939 the court consisted of a single chancellor since 2018 the court has consisted of a chancellor and six vice chancellors with a 4 3 major party rule the court of equity was first established in 1792 in a constitution heavily influenced by the ideas of john dickinson and george read the court sits without a jury with cases tried before a chancellor or vice chancellor the court is known for being a hub for corporate governance litigation in the united states as two thirds of fortune 500 companies are incorporated in delaware it is among the preeminent business courts in the world with a more developed body of case law than other states 1 connection to corporate law edit many companies prefer to incorporate in delaware because of the state s corporate friendly tax system and the court s historical expertise in business litigation the court s judges tend to be longtime members of the delaware state bar association who have spent their careers doing corporate litigation 2 because of the extensive experience of the delaware courts delaware has a better developed body of case law than other states which serves to give corporations and their counsel greater guidance on matters of corporate governance and transaction liability issues more than two thirds of fortune 500 companies are incorporated in the state 3 delaware is the home to more than 1 8 million corporations which is more than the number of residents in the state the court of chancery handles corporate internal affairs litigation such as shareholder disputes and merger disputes according to equitable powers under the constitution and the delaware general corporation law the statute governing corporations in delaware as a result it is a hub for corporate litigation in the united states judges edit the chief judge is called the chancellor and the other six judges are called vice chancellors the chancellor and vice chancellors are nominated by the governor and confirmed by the state senate for 12 year terms the court is subject to the major party rule in the delaware constitution also known as the political balance requirement this requires that the bare majority of the court shall be of one major political party and the other judges shall be of the other major political party 4 as a result any person not affiliated with either the republican or democratic party was formerly unable to serve on the court until a consent decree ending a lawsuit by an unaffiliated judicial applicant led to the termination of the rule 5 jurisdiction edit the court s jurisdiction is a hybrid of constitutional provisions statutes and case law according to the delaware judicial information center the court of chancery has jurisdiction to hear and determine all matters and causes in equity the general equity jurisdiction of the court is measured in terms of the general equity jurisdiction of the high court of chancery of great britain as it existed prior to the separation of the american colonies the general assembly may confer upon the court of chancery additional statutory jurisdiction in today s practice the litigation in the court of chancery consists largely of corporate matters trusts estates and other fiduciary matters disputes involving the purchase and sale of land questions of title to real estate and commercial and contractual matters in general when issues of fact to be tried by a jury arise the court of chancery may order such facts to trial by issues at the bar of the superior court of delaware 10 del c 369 6 article iv section 10 of the delaware constitution establishes the court and provides that it shall have all the jurisdiction and powers vested by the laws of this state in the court of chancery 7 equitable jurisdiction edit title 10 section 341 of the delaware code states that the court shall have jurisdiction to hear and determine all matters and causes in equity 8 subsequent decisions have held that the court s equitable jurisdiction is coextensive with and in most respects conformable to that of the english high court of chancery at the time of american independence in 1776 9 the court s most significant power is its ability to issue preliminary and permanent injunctions and temporary restraining orders this is frequently exercised in the context of disputes involving mergers and acquisitions or sales of corporations wherein a corporate suitor or a shareholder will attempt to enjoin that is prevent the sale or merger of a corporation claiming that their stock value has been diluted or that they have superior rights to purchase the corporation in a typical sale or merger dispute a plaintiff will seek a temporary restraining order sometimes on an ex parte basis to prevent the transaction from taking place and preserve the status quo if the court grants that relief the plaintiff will then seek a preliminary injunction to maintain the current state of affairs until a trial can take place title 10 section 342 of the delaware code provides that the court shall not hear any matters for which an adequate remedy exists at law or which can be heard by any other delaware court 8 as a practical matter this means that the court cannot grant relief in the form of money damages to compensate a party for a loss or where another court has coterminous jurisdiction however under the rules of equity the court can grant monetary relief in the form of restitution by ruling that another party has unjustly gained money that belongs to the plaintiff apart from its general equitable jurisdiction the court has jurisdiction over a number of other matters first the court has sole power to appoint guardians of the property and person for mentally or physically disabled delaware residents similarly the court may also appoint guardians for minors although the family court has coterminous jurisdiction over such matters will contests and disputes over interpretations of trusts are also heard by the court in 1952 the court of chancery and the supreme court held in gebhart v belton the only brown court case filed in a state court that the operation of segregated school systems in delaware was unlawful two full years before the u s supreme court would do so in brown v board of education procedure edit the chancellor is responsible for appointing a judge on the court to preside over a case the court sits without a jury all issues of fact are determined by the presiding chancellor or vice chancellor the court has the discretion to appoint an advisory jury if it so desires but this power is practically never exercised the court of chancery s decision can be appealed to the delaware supreme court whose decision is final unless appealed to the supreme court of the united states history edit the history of the court of chancery dates back to the english common law system in which separate courts were established to hear law and equity matters english law courts included the court of king s bench or queen s bench when the monarch was female the court of common pleas and the court of the exchequer the sole english court of equity was the court of chancery along with the remainder of the original thirteen colonies delaware imported the english concept of common law this included establishing a separate court of chancery as the legal system evolved in england the english court of chancery was eventually abolished by the judicature acts of 1873 and 1875 and its powers were merged into what was then called the supreme court of judicature comprising the high court and the court of appeal which exercised jurisdiction in both common law and equity this was prompted in part by similar reforms which had taken place elsewhere notably the abolition of the new york court of chancery in 1847 most american jurisdictions followed the reforms in new york and england in its first constitution the delaware constitution of 1776 there was no special provision for a court of equity however when the constitution was revised in the delaware constitution of 1792 a separate court of chancery was established this constitution was heavily influenced by the thinking of john dickinson and george read william t quillen and michael hanrahan in their short history of the delaware court of chancery repeat the folklore of the delaware bench and bar saying that the impetus for creating a court of chancery was to provide a new judicial seat for delaware s first chancellor william killen killen was the elderly and highly respected incumbent chief justice of delaware when george read was considered for the role of new chief justice he refused unless adequate provisions were made for killen a separate court of chancery under killen was the solution 6 constitution of 1792 edit there was one chancellor appointed by the governor for life chancellors of delaware name took office left office residence party william killen october 6 1793 december 6 1801 kent county democratic republican nicholas ridgely december 6 1801 april 1 1830 kent county democratic republican kensey johns sr june 21 1830 january 18 1832 new castle county whig constitution of 1831 edit there was one chancellor appointed by the governor for life chancellors of delaware name took office left office residence party kensey johns jr january 18 1832 march 28 1857 new castle county whig samuel m harrington may 4 1857 november 28 1865 kent county democratic daniel m bates december 12 1865 october 1873 new castle county democratic willard saulsbury sr november 14 1873 april 6 1892 sussex county democratic james l wolcott may 5 1892 september 5 1895 kent county democratic john r nicholson september 5 1895 june 10 1897 kent county democratic constitution of 1897 edit there is one chancellor appointed by the governor for a 12 year term there were also created over the years additional vice chancellors the first in 1939 a second in 1961 a third in 1984 and a fourth in 1989 since 2018 there are six vice chancellors 10 they are also appointed by the governor for a 12 year term they are required to be equally divided between the major political parties so that among all the chancellors no party has a majority of more than one person chancellors of delaware name took office left office residence party john r nicholson june 10 1897 june 10 1909 kent county democratic charles m curtis june 10 1909 july 2 1921 republican josiah o wolcott july 2 1921 november 11 1938 kent county democratic william w harrington december 7 1938 1950 daniel f wolcott 1950 1951 democratic collins j seitz 1951 july 17 1966 william duffy july 17 1966 1973 william t quillen 1973 1976 william marvel september 1976 may 1 1982 grover c brown 1982 1985 william t allen 1985 1997 william b chandler iii 1997 2011 sussex county republican leo e strine jr 2011 2014 new castle county democratic andre bouchard 11 2014 2021 democratic kathaleen mccormick may 6 2021 present vice chancellors of delaware name took office left office residence party seat george b pearson jr 1939 1946 1st collins j seitz 1946 1951 howard w bramhall 1951 1954 william marvel 1954 1976 maurice a hartnett 1976 1994 myron t steele 1994 2000 john w noble november 2000 february 2016 kent county democratic joseph r slights iii march 28 2016 2022 kent county democratic nathan a cook july 21 2022 present isaac d short 1961 1973 2nd grover c brown 1973 1982 joseph j longobardi 1982 1984 joseph t walsh 1984 1985 jack b jacobs 1985 2003 donald f parsons 2003 2015 democratic tamika montgomery reeves november 2015 november 2019 new castle county democratic paul fioravanti jr january 15 2020 present carolyn berger 1984 1994 3rd bernard s balick 1994 1998 leo e strine jr 1998 2011 new castle county democratic sam glasscock iii 2011 2025 sussex county republican bonnie david 2025 present sussex county william b chandler iii 1989 1997 sussex county republican 4th stephen p lamb 1997 2009 new castle county j travis laster october 9 2009 present new castle county republican morgan zurn october 4 2018 2026 new castle county republican 5th kathaleen mccormick november 1 2018 may 6 2021 new castle county democratic 6th lori w will may 26 2021 present the court also employs three full time magistrates in chancery formerly known as masters in chancery appointed by the chancellor under court of chancery rule 144 the magistrates adjudicate cases assigned to them by the court with a particular focus on the people s concerns in equity such as guardianships property disputes and trust and estate matters 12 the current magistrates in chancery are selena e molina and loren mitchell 13 see also edit court of equity courts of delaware delaware corporation the delaware journal of corporate law delaware corporate and commercial litigation blog new york court of chancery michigan court of chancery notes edit bach mitchell l applebaum lee a history of the creation and jurisdiction of business courts in the last decade 60 bus law 147 2004 pdf gura david july 13 2022 a centuries old court in delaware will decide if elon musk has to buy twitter npr semuels alana october 3 2016 the tiny state whose laws affect workers everywhere the atlantic retrieved june 17 2023 epps garrett march 28 2020 delaware s weird and constitutionally suspect approach to judicial independence the atlantic retrieved june 17 2023 weiss debra cassens february 1 2023 judge won t toss suit over delaware court political balance american bar association retrieved august 3 2025 1 2 welcome to the delaware court of chancery delaware state courts retrieved november 30 2011 10 composition and jurisdiction of court of chancery initiation and decisions in causes and proceedings state of delaware constitution article iv judiciary online delaware code retrieved november 30 2011 1 2 chapter 3 court of chancery subchapter iii general jurisdiction and powers title 10 courts and judicial procedure online delaware code retrieved september 19 2011 glanding v indus tr co 45 a 2d 553 555 del 1945 hals tom september 20 2018 delaware governor nominates two for state s corporate court reuters melson brett april 22 2014 andre bouchard delaware court of chancery chief retrieved april 27 2016 the delaware judiciary announces a new master in chancery may 19 2017 archived from the original on may 28 2017 judicial officers court of chancery delaware courts state of delaware courts delaware gov retrieved june 14 2018 references edit munroe john a 1993 history of delaware newark delaware university of delaware press isbn 0 87413 493 5 conrad henry c 1908 history of the state of delaware 3 vols lancaster pennsylvania wickersham company external links edit delaware court of chancery homep...