Opinion
No. 486, 2015
11-18-2015
In the Matter of the Petition of Donald Bible for a Writ of Mandamus
ORDER
Randy J. Holland, Justice
This 18th day of November 2015, it appears to the Court that:
(1) The petitioner, Donald Bible, has filed a petition for a writ of mandamus under Supreme Court Rule 43. Bible requests that the Court issue a writ of mandamus directing the Governor and the General Assembly “to repeal and/or amend” June 2014 amendments to Superior Court Criminal Rule 61.
(2) Upon receipt of the petition for a writ of mandamus, the Clerk issued a notice under Supreme Court Rule 29(b), directing Bible to show cause why the petition should not be dismissed for lack of jurisdiction. Bible filed a response to the notice, contending that the Court has the authority to issue a writ of mandamus “to compel an officer or employee in the State ... to perform a duty owed to a plaintiff.”
(3) Bible is mistaken. This Court's “original jurisdiction to issue a writ of mandamus is limited to instances when the respondent is a court or a judge thereof.” The Court has no jurisdiction to issue a writ of mandamus to the Governor or the General Assembly.
Anderson v. State, 2015 WL 5275853 (Del. Sept. 9, 2015) (quoting In re Hitchens, 600 A.2d 37, 38 (Del.1991)).
See Del. Const. art. IV, § 11(5) (defining Court's original jurisdiction to issue extraordinary writs).
NOW, THEREFORE, IT IS ORDERED, under Supreme Court Rules 29(b) and 43, that the petition for a writ of mandamus is DISMISSED.