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HB232 • 2025

AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO THE RANDOMIZED ASSIGNMENT OF CASES IN THE COURT OF CHANCERY.

AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO THE RANDOMIZED ASSIGNMENT OF CASES IN THE COURT OF CHANCERY.

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Michael Smith
Last action
2025-08-12
Official status
Stricken 8/12/25
Effective date
Not listed

Plain English Breakdown

The bill has been stricken in the House and will not proceed further.

Law for Random Case Assignments in Delaware's Court of Chancery

This law requires the Court of Chancery to use a random system to assign cases to judges, ensuring fairness and preventing bias.

What This Bill Does

  • Requires the Court of Chancery to randomly assign all civil actions, petitions, and matters to Vice Chancellors or the Chancellor.
  • Prohibits any party, attorney, or judge from influencing case assignments.
  • Allows for reassignment under specific circumstances like recusal, related cases, or workload considerations.
  • Requires the Court of Chancery to create rules and publish annual reports on case assignments.

Who It Names or Affects

  • The Court of Chancery in Delaware
  • Parties involved in civil actions, petitions, and matters filed in the Court of Chancery

Terms To Know

Recusal
When a judge steps aside from a case because they have a conflict of interest or bias.
Randomized Case Assignment System
A system that uses random selection to assign cases to judges, ensuring fairness and impartiality.

Limits and Unknowns

  • The bill was stricken in the House on August 12, 2025, meaning it will not become law.
  • It is unclear how many civil actions, petitions, or matters this change would affect annually.

Bill History

  1. 2025-08-12 Delaware General Assembly

    Stricken in House

  2. 2025-06-27 Delaware General Assembly

    Introduced and Assigned to Judiciary Committee in House

Official Summary Text

AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO THE RANDOMIZED ASSIGNMENT OF CASES IN THE COURT OF CHANCERY.
This Act requires the Court of Chancery to implement a randomized case assignment process. The implementation of this Act shall occur within 90 days of enactment.

Current Bill Text

Read the full stored bill text 
Legislation Document

SPONSOR:

Rep. Michael Smith & Sen. Wilson

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 232

AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO THE RANDOMIZED ASSIGNMENT OF CASES 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:

§ 330. Randomized Case Assignments in the Court of Chancery.

(a) Purpose. The purpose of this section is to ensure impartiality and prevent undue influence in the assignment of cases in the Court of Chancery by implementing a randomized case assignment process.

(b) Random Assignment Requirement.

(1) All civil actions, petitions, and matters filed in the Court of Chancery shall be assigned to a Vice Chancellor or the Chancellor through a randomized case assignment system administered by the Chancellor.

(2) The system shall ensure that no party, attorney, or judge may select, direct, or influence the assignment of any case to a particular Vice Chancellor or the Chancellor.

(c) Exemptions.

(1) A case may be reassigned from its randomly assigned judge only under the following circumstances: -

(i) Recusal or Disqualification: If the assigned judicial officer is required to recuse or is otherwise disqualified under Delaware law or judicial ethics rules.

(ii) Related Cases: If a case is substantially related to a previously assigned matter, the Chancellor may, at their discretion, consolidate or reassign the case for judicial efficiency.

(iii) Judicial Workload Considerations: The Chancellor may, for good cause and in the interest of docket efficiency, reassign cases among Vice Chancellors, provided that such reassignment is not based on the identity of the parties or attorneys involved.

(d) Transparency and Reporting.

(1) The Court of Chancery shall adopt and maintain publicly available rules governing the randomization process.

(2) The Clerk of the Court shall annually publish a statistical report summarizing case assignments, including reassignment rates and reasons for reassignment, ensuring accountability and transparency.

(e) No Right to Choose a Judge.

(1) No party, attorney, or litigant shall have the right to demand assignment to or removal of a specific Chancellor or Vice Chancellor, except under applicable rules of judicial recusal or disqualification.

(2) Any attempt to manipulate or evade the randomized case assignment system shall be subject to sanctions, including potential dismissal or disciplinary action.

Section 2. Implementation.

(a) The Court of Chancery shall implement the provisions of this Act no later than 90 days after enactment.

(b) The Chancellor shall promulgate any necessary court rules and administrative orders to effectuate the randomized case assignment process.

Section 3. Effective Date.

This Act shall take effect immediately upon enactment.

SYNOPSIS

This Act requires the Court of Chancery to implement a randomized case assignment process. The implementation of this Act shall occur within 90 days of enactment.