Nominee Morgan Zearn defends chancery record, warns courts must address AI misuse

Morgan Zearn, nominated by Governor Meyer to the Delaware Supreme Court, defended her judicial record before the Senate Executive Committee and emphasized that judges must follow the law and precedent.

In an opening statement, Zearn told the committee she has served nearly 20 years in Delaware public service and 10 years on the Court of Chancery, including eight years as a vice chancellor. She described her legal background and said she would bring experience in both criminal appellate work and corporate law to the state’s highest court.

Senator Pettyjohn asked Zearn to identify a decision that drew significant criticism and whether she would have decided differently in hindsight. Zearn cited an AMC class-action matter in which she declined to approve an initial settlement for technical legal reasons, saying the parties reconfigured the settlement and she approved it after correcting those issues. Zearn said, “I would decide it the same way simply because it's what my understanding of Delaware law required,” and added that the episode led to intense online criticism and security threats.

Committee members pressed Zearn on judicial philosophy. She told the panel that “the proper role of a justice on the Delaware Supreme Court is to review questions of law” presented as errors at the trial level, to apply deferential standards where appropriate, and to resolve questions collegially and on as narrow grounds as possible.

On technology and evidence, Zearn warned that legal filings and briefs increasingly include AI-generated material and that courts are encountering “hallucinated citations.” She called for resources and focused study, saying courts need to address authentication and admissibility as AI tools change how parties prepare materials: “I suspect that there will be litigation over proper authentication under the rules of evidence of materials that are submitted before the court.”

Members also questioned Zearn about maintaining predictability in Delaware corporate jurisprudence. She said adherence to precedent preserves predictability and that stable, law-based decisions help the state’s economy. On recruiting clerks, Zearn said she broadens the net beyond top-ranked schools to attract diverse candidates who will stay and contribute to Delaware’s bar.

The committee concluded its questioning and moved on to the next nominee. No committee vote on Zearn’s nomination is recorded in the hearing transcript.

The committee’s consideration of Zearn focused on her chancery record, approach to precedent, and the judiciary’s need to prepare for technology-driven challenges to evidence and filings.