Delaware proposal would direct courts to send text reminders to defendants about hearings

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Each year, tens of thousands of Delaware court hearings end with a no-show — often triggering arrest warrants. Lawmakers want to cut those numbers with a low-cost fix: automated text reminders.

A joint resolution sponsored by Senate Majority Whip Brian Pettyjohn, R-Georgetown, would direct the courts to develop and implement a pilot program reminding people to show up for their criminal and traffic hearings. It would require individuals to get at least two automated text message reminders.

The bill was released by a House committee last week, clearing the way for a House vote. It sailed through the Delaware Senate without opposition earlier this month.

The pilot program would start with the Justice of the Peace Courts. The resolution’s fiscal note said there are approximately 140,000 court hearings every year for which individuals would get a notification under the proposal.

Researchers say many times when people miss their court dates, it’s unintentional. A 2024 Pew Charitable Trusts poll found that 37% of people who missed a court appearance said that they simply forgot about it; 8% said they never received a notice; and 5% said the information they did receive was confusing.

Missing a court date carries consequences for the defendant and for the court system. When an individual doesn’t show up, a Delaware judge issues a warrant for their arrest.

Meryem Dede, executive director of the Tideshift Justice Project and a former public defender, said when people have a warrant out for their arrest, it deters some from turning themselves in — which is the opposite of what the state is trying to accomplish.

“We say, ‘you missed court. We want you to come back in so we can reschedule you for court,’” she said. “But in order to do that, we do an arrest warrant that makes you afraid to come to court. I’ve talked to so many clients where they are very afraid of being incarcerated, and that is why they take a lot of coaching to turn themselves in.”

Aside from potentially being taken into custody, Dede said a judge could also order a person’s bail to be forfeited, add a cash bail requirement or add other conditions to remain free.

Missed appearances can also cost courts. A report from the National Center for State Courts estimated missed appearances cost an average court about $15 for the time it takes to determine if all parties are present.

Pettyjohn said reminder text messages will be inexpensive and help avoid negative consequences.

“Thirty-seven percent of the missed appearances happen just because somebody forgot,” he said. “Less than two cents that the state’s going to spend to send me a text to remind me, I think it’s going to be well worth it.”

According to Pew, 18 states, plus the District of Columbia, have a statewide court date reminder program. Nineteen states don’t have one, and 10 states, including Pennsylvania, have a program that only reaches some jurisdictions.

The group said states with automatic reminder systems, like the one proposed in Pettyjohn’s resolution, see better results. Pennsylvania’s program, which requires court participants to opt-in, has only 2% of eligible users signed up.

The fiscal note for the joint resolution is a one-time cost of $30,000 in fiscal year 2027, and $10,000 in recurring costs after that.