AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO AUDIO RECORDING OF PROCEEDINGS IN THE COURT OF CHANCERY.

Plain English Breakdown

The official status indicates the bill passed both chambers, but the last action listed is assignment to a committee; this suggests the provided metadata may contain conflicting or incomplete procedural history.

Audio Recording Rules for Delaware's Court of Chancery

This bill requires the Delaware Court of Chancery to record and make available all public court hearings starting on January 1, 2027.

What This Bill Does

• Requires audio recording of every public proceeding in the Court of Chancery beginning January 1, 2027.
• Mandates that recordings be posted online by the Administrative Office of the Courts within a reasonable time after each hearing ends.
• Allows judges to block or limit access to specific parts of a recording if there is good cause shown.
• Requires every audio file to include a notice stating it is not an official court transcript.
• Orders the Court of Chancery to create new administrative rules by December 3, 2026.

Who It Names or Affects

• The Delaware Court of Chancery
• Judges and judicial officers presiding over cases in that court
• Members of the public who wish to listen to recorded proceedings

Terms To Know

Court of Chancery

A specific state court in Delaware.

Good cause shown

Valid reasons provided by a judge to limit public access, such as protecting confidential business or personal information, safeguarding witnesses, or ensuring a fair trial.

Limits and Unknowns

• The bill does not define exactly what counts as a 'reasonable time' for posting recordings.
• Specific details on how the online platform will work are left for future administrative rules to decide.
• Written orders about withholding audio may remain confidential if required.

Official Summary Text

AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO AUDIO RECORDING OF PROCEEDINGS IN THE COURT OF CHANCERY.
This Act requires the Court of Chancery, beginning January 1, 2027, to audio record all public proceedings and make such recordings publicly available. Such recordings must be made available within a reasonable time after the conclusion of the proceeding. The presiding judicial officer may, for good cause shown, restrict public access to an audio recording in whole or in part.

Current Bill Text

Legislation Document

SPONSOR:

Rep. Michael Smith & Sen. Pettyjohn

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 227

AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO AUDIO RECORDING OF PROCEEDINGS IN THE COURT OF CHANCERY.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 3, Title 10 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 332. Mandatory Audio Recording and Public Access.

(a) Requirement. Beginning January 1, 2027, the Court of Chancery shall audio record all public proceedings and make such recordings publicly accessible.

(b) Public availability.

(1) Audio recording shall be posted to a publicly accessible online platform maintained by the Administrative Office of the Courts.

(2) Recordings must be made available within a reasonable time after the conclusion of the proceeding.

(3) Each recording must include a disclaimer stating that it does not constitute an official court transcript.

(c) Exceptions.

(1) The presiding judicial officer may, for good cause shown, restrict public access to an audio recording in whole or in part.

(2) Valid reasons may include protecting confidential business or personal information, safeguarding witnesses, or ensuring a fair trial.

(3) A decision to withhold or redact audio recordings must be documented in a written order, which shall be made part of the public record unless confidentiality requires otherwise.

(d) Implementation. The Court of Chancery shall adopt administrative rules to implement this section no later than December 3, 2026.

SYNOPSIS

This Act requires the Court of Chancery, beginning January 1, 2027, to audio record all public proceedings and make such recordings publicly available. Such recordings must be made available within a reasonable time after the conclusion of the proceeding. The presiding judicial officer may, for good cause shown, restrict public access to an audio recording in whole or in part.