Post-Judicial Practice Policy

Tuesday, July 16, 2019




Post-Judicial Practice Policy


  1. This Policy applies to all former judges of the United States District Court for the District of Delaware: District Judges, Magistrate Judges, and Bankruptcy Judges.


  1. A former judge may not appear in or be involved in any way in any case in which the former judge was involved while on the Court, either as assigned judge or as mediator.


  1. A former judge may not appear in any case or matter in the United States District Court or the United States Bankruptcy Court for the District of Delaware for a period of one year after leaving office.


  1. “Appearance” includes any action that could cause the judge handing the case or matter to know that the former judge is participating in the case or matter.  Therefore, “appearance” includes but is not limited to appearing as counsel on any pleading in a case or matter, sitting at counsel table, participating at counsel table or the podium, and sitting in the gallery of the court during a proceeding in the case or matter.  “Appearance” does not include participating in a case or matter assigned to a former colleague outside of the courtroom.  Billing time to such a case or matter is permitted but such bills may not be presented to the court (thereby revealing to the presiding judge the participation of the former judge), provided, however, that in bankruptcy cases and adversary proceedings, a former judge may bill time to such case or matter, regardless of whether the former judge’s name appears in a retention application or fee application (either formal or informal) presented to the Court.


  1. The restriction of paragraph 3 applies regardless of whether the judge presiding over the case or matter is assigned to a judge with whom the retired judge served or to a new judge. 


  1. Notwithstanding paragraph 3 but subject to paragraph 2, there is no restriction on the ability of a former judge to conduct a mediation of any dispute in any case or matter.