Delaware's Court of Chancery would have assigned cases at random

The court would have assigned filed matters at random through a system run by the chancellor. The rule would have covered every civil case, petition, and other matter filed in Delaware's Court of Chancery. No party, lawyer, or judge could steer an assignment to a specific judge. People could not demand a particular judge or demand that one be removed, except under rules requiring a judge to step aside. Attempts to manipulate or evade the system could bring penalties, including possible case dismissal or disciplinary action. If enacted, the measure would have taken effect immediately, and the court would have had 90 days to set up the system.

The court could have moved a case from its randomly assigned judge only for the listed reasons. These limits would have applied to cases randomly assigned in Delaware's Court of Chancery. A case could move if its assigned judge had to step aside under Delaware law or judicial ethics rules. For judicial efficiency, the chancellor could move or combine a case substantially related to a previously assigned matter. For good cause to manage the court's work, the chancellor could move cases among vice chancellors, but could not base those moves on the parties' or lawyers' identities. If enacted, these rules would have taken effect immediately, and the court would have had 90 days to put them in place.

The court would have made its assignment rules public, and its clerk would have published a yearly report. The rules and reports would have covered assignments in Delaware's Court of Chancery. The yearly report would have summarized case assignments, including how often cases moved to another judge and why. If enacted, the court would have had 90 days to implement these requirements; the clerk would have reported each year.