(a) Requirement that a judicial officer make a written request. —

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Terms Used In Delaware Code Title 10 Sec. 1924

  • Family: means as defined in § 901 of this title. See Delaware Code Title 10 Sec. 1921
  • Government agency: includes all agencies, authorities, boards, commissioner, departments, institutions, offices, and any other bodies of the State created by the constitution or statute, whether in the executive, judicial, or legislative branch; all units and corporate outgrowths created by executive order of the Governor or any constitutional officer, by the Supreme Court, or by resolution of the General Assembly; and agencies, authorities, boards, commissions, departments, institutions, offices, and any other bodies politic and corporate of a unit of local government, or school district. See Delaware Code Title 10 Sec. 1921
  • Home address: includes a judicial officer's permanent residence and any secondary residence affirmatively identified by the judicial officer, but does not include a judicial officer's work address. See Delaware Code Title 10 Sec. 1921
  • Judicial officer: includes any active, formerly active, or retired:

    a. See Delaware Code Title 10 Sec. 1921

  • Person: means as defined in § 302 of Title 1. See Delaware Code Title 10 Sec. 1921
  • Personal information: means a home address, home telephone number, mobile telephone number, direct telephone number to a judicial officer's private chambers, personal e-mail address, social security number, federal tax identification number, checking and savings account numbers, credit or debit card numbers, birth or marital records, property tax records, and identity of children under the age of 18. See Delaware Code Title 10 Sec. 1921
  • Written request: means written notice signed by a judicial officer or a representative of the judicial officer's employer requesting a government agency or person to refrain from posting or displaying publicly available content that includes the personal information of the judicial officer or of their family. See Delaware Code Title 10 Sec. 1921
  • Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302

No government agency or person shall be found to have violated any provision of this subchapter if the judicial officer has not submitted a written request calling for the protection of the judicial officer’s personal information.

(b) Written request procedure. —

A written request shall be valid if 1 of the following occurs:

(1) The judicial officer sends a written request directly to a government agency or person.

(2) The Administrative Office of the Courts develops a policy and procedure for a judicial officer to file the written request with the Administrative Office of the Courts to notify government agencies, and a judicial officer sends a written request to the Administrative Office of the Courts.

(c) In each quarter of a calendar year, the Administrative Office of the Courts shall provide a list of all judicial officers who have submitted a written request to it, to the appropriate officer with ultimate supervisory authority for a government agency. The officer shall promptly provide a copy of the list to all government agencies under the officer’s supervision. Receipt of the written request list compiled by the Administrative Office of the Courts by a government agency shall constitute a written request to that agency for the purposes of this subchapter.

(d) A representative from the judicial officer may submit a written request on the judicial officer’s behalf, provided that the judicial officer gives written consent to the representative and provided that the representative agrees to furnish a copy of that consent when a written request is made. The representative shall submit the written request as provided in subsection (b) of this section.

(e) Information to be included in the written request. —

(1) A judicial officer’s written request shall specify what personal information shall be maintained private.

(2) If a judicial officer wishes to identify a secondary residence as a home address as that term is defined in this subchapter, the designation shall be made in the written request.

(3) A judicial officer shall disclose the identity of the judicial officer’s family and indicate that the personal information of these family members shall also be excluded to the extent that it could reasonably be expected to reveal the personal information of the judicial officer.

(f) Duration of the written request. —

A judicial officer’s written request is valid until the judicial officer provides the government agency, person, business, or association with written permission to release the private information. A judicial officer’s written request expires on death.

83 Del. Laws, c. 219, § 1;