Tuesday, April 23, 2002

returns day, taken under advisement
Another Delaware legal tradition, in the Courts, is the process by which a judge does not announce the Court's decision on a case from the bench. It is called, "taking the case under advisement".

In a fair percentage of cases, Delaware Judges will thank the litigants for their presentation and adjourn to chambers (duck out the back door). The decision is later mailed to the parties and their attorneys. This process serves two very good purposes.

First, it reduces fist fights in the Courthouse. The litigants leave the building not yet knowing who has won and who has lost. That sense of bewilderment and confusion distracts them long enough from their bloodlust for the opponent, that they can actually get home before they start to stew again.

Secondly, it gives the judge an opportunity to sit back and contemplate the evidence that was presented at trial, and to research points of law that may have arisen. As we learn from our personal lives, many times things seem much more clear once we have had a chance to sleep on it.

Return Day is an excellent tradition. As was described below, it allows society to heal and re-group. I think that it is such an excellent tradition that we should use it in all three of Delaware's counties. I think this would help to heal the resentment that many in Kent County and New Castle County feel towards Sussex County because of the fact that Sussex currently has one more holiday than the rest of the State.

You be the judge on this one. Take this under advisement...sleep on it.

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