Delaware is reviewing its prospects for launching a public arbitration program, state Supreme Court Chief Justice Leo E. Strine Jr. told a gathering of attorneys June 4 at the Bench and Bar Conference. The chief justice said he expects the proposal to be submitted to the General Assembly for approval by January 2015.
In 2009, the General Assembly passed legislation creating confidential arbitration programs in the Delaware Court of Chancery and Superior Court. A government transparency group, the Delaware Coalition for Open Government, challenged the program, calling it a secret court. The U.S. District Court for the Eastern District of Pennsylvania agreed, declaring the program unconstitutional, a decision that was affirmed by the U.S. Court of Appeals for the Third Circuit.
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