MISCELLANEOUS

Court on the Judiciary Rules

Rule: 19

Jurisdiction: DE

Bluebook Citation: Del. Ct. Jud. R. 19

(a) Privileges; Immunity from Civil Suits. Communications to the Court, the Board of Examining Officers, the Preliminary Investigatory Committee and presenting counsel or their staffs relating to misconduct or 14 Last amended effective March 6, 2018 disability and testimony given in the proceedings shall be absolutely privileged, and no civil law suit predicated thereon may be instituted against any complainant or witness. Members of the Court, of the Board, of the Panel, presenting counsel and their staffs are agents of the Court on the Judiciary, and when acting in that capacity, shall be absolutely immune from civil suit for all conduct in the course of their official duties. (b) Time. When by these Rules an act is required or allowed to be done at or within a specified time, the Chief Justice or the Board for cause shown may exercise its discretion, with or without motion, to order that the time period be enlarged or shortened. Time shall be calculated as provided in Supreme Court Rule 11. (c) Stenographic Assistance. With the approval by the Chief Justice, a Board or a Panel shall employ such legal, stenographic, or other assistance as is deemed necessary. (d) Seal. The Court’s seal shall contain the words “SEAL OF THE COURT ON THE JUDICIARY” on the upper arc of the circle and the word “DELAWARE” on the lower arc. This language shall encircle arms similar to those appearing on the Great Seal of the State. The Clerk is directed to retain the seal in the Clerk’s custody and is authorized to affix it to such documents as the Clerk deems appropriate. (e) Suspension of Rules. Any of these Rules may be suspended for a specific case by order of the Court, provided the judicial officer is not materially prejudiced thereby. (f) Annual Report. The Clerk of the Court on the Judiciary shall prepare an annual report of the Court’s activities for distribution to appropriate governmental officials and the public. (g) Expenses. Members of a Board or of a Panel, and presenting counsel shall be reimbursed for reasonable and necessary expenses incurred pursuant to their duties. (h) Procedure Not Provided. Except as otherwise provided in these Rules, the Rules of the Court of Chancery shall apply. 15 Last amended effective March 6, 2018 (i) Disqualification. The judicial officer who is the subject of the complaint shall not serve on the Panel, the Board, or the Court which considers that complaint. (j) Costs. The Court may direct that all or part of the costs arising under any proceedings under these Rule, including expert witness costs, court reporter costs and expenses under subdivision (g), be paid by the judicial officer. 16

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