INITIAL REVIEW BY CLERK AND REVIEW BY THE

Court on the Judiciary Rules

Rule: 5.1

Jurisdiction: DE

Bluebook Citation: Del. Ct. Jud. R. 5.1

CHIEF JUSTICE (a) Initial Review. Each complaint shall be received by the Clerk for initial review of its conformity with Rule 5. A complaint that the Clerk 2 Last amended effective March 6, 2018 determines does not comply with the requirements of Rule 5(a) or (b) shall be returned by the Clerk to the complainant with a letter of explanation. A copy of the letter of explanation and the nonconforming complaint shall be maintained by the Clerk. The original of each conforming complaint shall be docketed by the Clerk who shall provide written acknowledgement of docketing to the complainant. The Clerk shall provide the Chief Justice with a copy of each conforming complaint. (b) Sua Sponte Dismissal. The Chief Justice, with the unanimous agreement of a Panel of the Supreme Court, may decline to refer to a Panel of the Preliminary Investigatory Committee, and may dismiss by written order, sua sponte, any complaint that fails to comply with Rule 5(a) or (b) or that, upon consideration of its contents and the attachments required by Rule 5(a), is (1) frivolous, (2) lacking in good faith, (3) based upon a litigant’s disagreement with the ruling of a judge, or (4) properly a matter subject to appellate review. A copy of the dismissal order shall be provided to the complainant, the judicial officer, and to the Court. (c) Referral to Panel. If the complaint is not dismissed under subsection (b), the Chief Justice shall enter a referral order designating the members of the Panel. The Clerk shall transmit a copy of the referral order to the Panel, the judicial officer involved, and the complainant.

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