Vice Chancellor Morgan Zearn, nominee to Delaware Supreme Court, faces committee questions on settlements, AI and precedent

Vice Chancellor Morgan Zearn, Governor Myers' nominee to the Delaware Supreme Court, opened her hearing before the Senate Executive Committee by describing almost 20 years in Delaware public service and eight years as a vice chancellor on the Court of Chancery. "I hope that I've given our fellow Delawareans due process and justice," she said, asking the committee for their support.

Sen. Pettyjohn questioned Zearn about a case that drew public criticism. Zearn described rejecting an initial class-action settlement involving AMC on technical Delaware law grounds and approving a reconfigured settlement shortly after. "I would decide it the same way simply because it's what my understanding of Delaware law required," she said, adding that the experience underscored the importance of following legal rules even when the public reacts strongly.

Committee members pressed Zearn on judicial philosophy and impartiality. She said the proper role of a justice is to review alleged errors of law with deference, to decide collegially and "on as narrow grounds as possible," and to compartmentalize personal views so only the record and law guide decisions. On social media, Zearn said judges must avoid actions that create an appearance of partiality and that she does not publicly post or react.

Senators also pressed her on technology and the courts. Zearn warned that AI has increased the volume of filings and produced briefs with "hallucinated citations," creating ethical and workload challenges for judges and counsel. "It's going to take a lot of resources," she said, recommending courts pursue authentication rules for AI-generated materials and consult experts as the technology evolves.

Law-clerk recruitment and access to justice were recurring themes. Zearn said she intentionally broadens recruiting beyond traditional top schools to find motivated clerks who might remain and contribute to Delaware's bar. She described efforts in Chancery to use technology to make court filings more accessible for unrepresented litigants.

The committee did not record a confirmation vote in the transcript; the hearing moved to the next nominee after questions concluded. The committee chair closed the appointment portion and opened the legislative business of the day.