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The judges of the U.S. District Court for the District of Delaware reached an unusual and important decision in 1997: Those who litigate before them should have the option of remaining anonymous while trying to resolve sensitive issues.
The court’s ombudsman program was born that year.
“I think it’s worked well,” said Judge Kent Jordan, who served as one of two ombudsmen until his appointment to the bench in 2002. “It provides an outlet for sensitive questions that otherwise would have no outlet because lawyers might fear putting their clients’ interests at risk.”
He added: “One side might have a legitimate gripe about something falling through the cracks. An ombudsman serves as a filter – someone to ask the judge or someone in the judge’s chambers when neither side is eager to inquire about it.”
Today, the district’s two ombudsmen are Kevin Gross and John E. James, both Wilmington lawyers. Their names, addresses and phone numbers are listed on the court’s web site (http://www.ded.uscourts.gov/AnnounceMain.htm).
“The ombudsmen serve the court and the bar by addressing administrative issues and case management questions that are not otherwise addressed in the ordinary course of the court’s operations,” the web site declares.
“On average, I get one or two calls a month,” said Gross, an ombudsman since the program began. “About half of them result in my contacting a judge’s chambers, after making sure both sides are informed. Sometimes, just giving a concerned lawyer the opportunity to vent ends the matter.”
Judge Jordan said Gross and James have the trust and confidence of the court’s judges and staff members, and therefore can serve as effective go-betweens.
When he was an ombudsman, the judge said, he on occasion had to suggest to members of judge’s staff that a case had “slipped off the judge’s radar screen.” His calls always were received graciously, he said.
Gross called the program “great but under-utilized.”
“I wouldn’t say we’re really a well-known resource,” he said. “We do publicize the program in the bar newsletter and at various bar events. Using the web site should increase awareness.”
Veteran court administrators said they knew of no other federal court with a similar program. |