HB372 • 2025

AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO THE ORGANIZATION AND OPERATION OF THE JUSTICE OF THE PEACE COURTS.

Passed Legislature

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

Sponsor: Lynn
Last action: 2026-06-17
Official status: Out of Committee 6/17/26
Effective date: Not listed

Plain English Breakdown

The official summary states Kent County will be the 'only State County where 24-hour hearings will take place,' but Section 3 of the bill requires at least one court available at all times in each county. This creates a conflict between the summary and the enacted text.

Changes to Delaware Justice of the Peace Courts

This bill changes how many justices serve in each county and sets new rules for where courts meet, including a requirement that at least one court location be available at all times.

What This Bill Does

Increases the maximum number of justices of the peace in Kent County from 13 to 16.
Reduces the maximum number of justices in New Castle County from 29 to 27.
Reduces the maximum number of justices in Sussex County from 19 to 18.
Lowers the required number of court locations outside Wilmington in New Castle County from five to three.
Lowers the required number of court locations in Sussex County from five to four.
Requires that at least one court location be available for hearings at all times.

Who It Names or Affects

Justices of the peace serving in New Castle, Kent, and Sussex Counties
Residents who use Justice of the Peace Courts in Delaware

Terms To Know

Justice of the Peace Court: A court organized under Title 10 of the Delaware Code.
Title 10 of the Delaware Code: The section of state law that sets rules for how Justice of the Peace Courts are organized and run in Delaware.

Limits and Unknowns

The bill does not list a specific date when these changes will take effect.
Court hours at locations other than the one required to be open at all times depend on rules set by court officials.
The official text states Kent County is where 24-hour hearings will take place, but it also requires at least one court available at all times in each county.

Bill History

2026-06-17 Delaware General Assembly
Reported Out of Committee (Judiciary) in House with 2 Favorable, 5 On Its Merits
2026-04-21 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 ORGANIZATION AND OPERATION OF THE JUSTICE OF THE PEACE COURTS.
This Act updates the Code to reflect the current needs and court operations of the Justice of the Peace Court. This Act increases the number of the justices of the peace in Kent County, which will be the only State County where 24-hour hearings will take place, and reduces the number of justices in other counties. This Act also reduces the number of courts in New Castle County, excluding Wilmington, from 5 to 3 and in Sussex County from 5 to 4.

Current Bill Text

Read the full stored bill text

Legislation Document

SPONSOR:

Rep. Lynn & Sen. Seigfried

Reps. Carson, Dukes, Phillips, Wilson-Anton; Sen. Pinkney

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 372

AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO THE ORGANIZATION AND OPERATION OF THE JUSTICE OF THE PEACE COURTS.

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

Section 1. Amend § 9203, Title 10 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 9203. Number of justices of the peace in each county.

In the counties of this State there shall be no more than the following number of justices of the peace:

(1) In New Castle County,

29.

27.

(2) In Kent County,

13.

16.

(3) In Sussex County,

19.

18.

Section 2. Amend § 9204, Title 10 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 9204. Place of holding courts.

The Justice of the Peace Court shall hold court in at least 1 place in Wilmington,

places in the remainder of New Castle County, 3 places in Kent County, and

places in Sussex County, and in such other places as from time to time shall be designated in the rules.

Section 3. Amend § 9205, Title 10 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 9205. Court hours.

Each of the places where Court is held shall be open at such times as shall be provided by the rules; provided, however, that

in each county

there shall be at least 1 court available at all times. The Court may hear and determine any case within its jurisdiction during the time the Court is open.

SYNOPSIS

This Act updates the Code to reflect the current needs and court operations of the Justice of the Peace Court. This Act increases the number of the justices of the peace in Kent County, which will be the only State County where 24-hour hearings will take place, and reduces the number of justices in other counties. This Act also reduces the number of courts in New Castle County, excluding Wilmington, from 5 to 3 and in Sussex County from 5 to 4.