Via Art Hinshaw at ADR Prof Blog, the judges in Delaware’s Chancery Court are being sued by the Delaware Coalition for Open Government for operating a private arbitration system. The crux of the lawsuit is that the court’s arbitration program for business disputes, in which sitting judges act as private arbitrators, is essentially a way for court proceedings to be held outside of public view. According to the complaint, this is a violation of the presumptive right to access to judicial proceedings and documents as guaranteed by the First Amendment of the Constitution.
Read more about it here.
Tags: arbitration, court programs, Delaware
[…] participate in mediation in good faith. In Delaware, the Delaware Coalition for Open Government is challenging the constitutionality of the Delaware Chancery Court’s arbitration program, where judges sit as […]
[…] year, the Delaware Coalition for Open Government sued Delaware’s Chancery Court judges for operating a private arbitration system. Empowered by […]