Thank You 147th General Assembly For SR 9 - For The Blue Ribbon Task Force To Review Open Family Court Proceedings

Major kudos to John Flaherty for his decades-long work, first with Common Cause and now with the Delaware Coalition for Open Government, in moving us toward more equity and accessibility in Delaware's Family Court.

And THANK YOU to Sen. Bruce Ennis and Rep. Mike Ramone for their work in getting SCR 9 passed and making this happen. Here's a little history on SR21 in 2011 and in its final form and passage as SCR 9 in 2013. Also click on the Family Court label on this blog for more or check out the Delaware Court Reform Initiative website HERE.

(WDEL) Amy Cherry ~ A Blue Ribbon Task Force holds its first meeting on whether to open up proceedings in Delaware Family Court (Video)

Raetta McCall, a public member of the task force, says she's been told many times that she can't enter Protection from Abuse (PFA) hearings, one of the few proceedings that is actually open in Delaware Family Court. To that, task force member and Family Court Chief Judge Chandlee Kuhn said during the meeting, "Sounds like I have a significant training issue.........I'll go back and make sure that all of our staff are trained, and that is clear that they need to be following within the security boundaries what is presumptively open and what is presumptively closed," She has issued an Administrative Directive, as promised, Thursday. The front page of the Delaware Family Court website now addresses the issue. This public document also addresses what proceedings are currently open and closed in Family Court. Kuhn tells WDEL she doesn't view the needed staff training as a large undertaking, but calls it "significant for the public's trust."

McCall says she's satisfied, for now, and hopeful the directive would be followed. "I would hope that it would be. I can't guarantee that because I believe that the information for open and closed court has been out there for eons and it wasn't followed then," says McCall. So far, the Task Force has voted to keep adoption and child welfare proceedings closed. They've moved to recommend opening up paternity cases to the public, but tabled cases of divorce and child custody to study what's being done in other states.

McCall believes all areas of Family Court should be open. "There are some issues that I have heard from people with parental rights, and they felt that they were terminated, and they felt that they were terminated unjustly, so if there's nobody in there, then what do they have to go by? Because we only get one chance in that courtroom, and it changes your life," says McCall.  Judge Kuhn cautions this is just the beginning of the discussion.  "I don't think anything is in stone as of yet. I think we are getting additional research in all of the areas," says Kuhn.

AP (Oct. 10) - Delaware panel begins review on feasibility of public access to Family Court proceedings

Members of the task force gathering at Legislative Hall on Thursday face a February deadline for reporting on the feasibility of opening Family Court proceedings to the public. Delaware’s constitution says all courts shall be open, but many Family Court proceedings nevertheless take place behind closed doors because of laws passed by the General Assembly. Those closed proceedings include hearings involving adoption or termination of parental rights, custody rights and visitation, guardianship, paternity and divorce. The Family Court has jurisdiction over all domestic relations, juvenile delinquency, and intra-family misdemeanors.

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