Delaware's Court System Favors Bipartisanship — and Succeeds Because of It

You be the judge: there's a fine line between politics and justice. Or is there?



Ajudge is a lawyer who gets to know the governor. It does not hurt to be friendly with some state senators, too.

Funny thing about Delaware, though, the party affiliation does not matter. The state is the only one in the country with a constitution that requires the court system to be politically balanced between Democratic judges and Republican judges.

When Lady Justice comes here, she has to bring not only her blindfold, her scales and her sword, but her voter registration card.

It means Republicans still get to go on the bench, even though they have to be appointed by Jack Markell, the governor who is a Democrat, and confirmed by the state Senate, which is run by the Democrats.

In the business world, this arrangement of one-seat-for-you-and-one-seat-for-me would probably be regarded as bid rigging, but in politics? It is called bipartisanship.

It is also working. Delaware’s court system is considered to be one of the finest, if not the finest, in the country. Much of it is due to the Court of Chancery, the renowned forum for corporate law and a magnet for attracting businesses to incorporate here. This leads to more than bragging rights. It leads to corporate taxes and fees that pay for more than a quarter of the state’s multi-billion-dollar budget.

Lately the governor and the state senators have been making a lot of judges. Since Markell was elected to a second term last year, he has appointed or reappointed nine of them, five Democrats and four Republicans.

Just because the selection is not partisan, does not mean it is not political.

Celia CohenTwo of the new Democratic judges were right out of Markell’s Cabinet. He named Vivian Rapposelli, the secretary of children’s services, to the Superior Court, which hears criminal and civil cases, and he put Carl Danberg, the correction commissioner, on the Court of Common Pleas, which hears lesser criminal and civil cases.

Markell also made a new Republican judge for the Superior Court out of Paul Wallace, a deputy attorney general. He was a model of how to wind up on the bench.

Wallace not only took pains to get to know his own way around Legislative Hall but made sure his kids did, too. He spent many days in Dover as the legislative liaison for the Attorney General’s Office, and both of his children interned in the state Senate.

It paid off. Wallace not only got the appointment from Markell, but also praise from senators on both sides of the aisle during the confirmation hearing.

“We’ve seen you in action, and we know your judicial temperament will be just right,” Patti Blevins, the Democratic president pro tem, told him.

“It’s been a pleasure having your children in the Senate. I feel sorry for the Attorney General’s Office, because they’re losing a good man,” Gary Simpson, the Republican minority leader, said.

Not that the political bloodlines are anything new. Myron Steele, the chief justice, was a Kent County Democratic chair in a previous incarnation. Leo Strine Jr., the chancellor, was the counsel to Tom Carper when the Democratic senator was the governor, and Bill Chandler, the chancellor before Strine, was the counsel to Pete du Pont, the Republican governor.

The prelude to the bench, however, is like that commercial about Las Vegas. What happens in politics stays in politics. For evidence, it does not take looking further than the last campaign season.

A Sussex County race for state senator was in chaos. Eric Bodenweiser, a leader of the Tea Party movement, had taken out Joe Booth, the sitting Republican senator, in a party primary and looked like a lock to go to the state Senate. He was running in a conservative district against a Democratic walk-on candidate.

Then Bodenweiser retreated from public appearances. Next he suspended his campaign. Finally he withdrew his candidacy. It turned out he had reason. He was about to be indicted for child sex crimes after an accuser ended some 20 years of silence to come forward.

The Republicans were looking at losing a race they were once sure of winning. They drafted Brian Pettyjohn, a past mayor of Georgetown, as a write-in candidate, but they dearly wanted to elevate him to the ballot. When the election commissioner told them there were no grounds, they filed suit.

Strine, the Democratic chancellor, heard the case and ruled in favor of the Republicans. The Supreme Court took it on an appeal considered by all five justices—three of them Democrats, including the chief, and the other two Republicans. If the bench was split, the decision was not. It was unanimous, and the Republicans won again.

So did Pettyjohn on Election Day. It took a lot of Democratic judges to make a Republican state senator.

The politics of judicial appointments set up one of the most blatant deals in modern Delaware history, although perhaps not in all of state history. The precedent for deal making goes way back, about 220 years, when the Federalists got to name the chief justice and the Democrats had their say on the chancellor.

The modern deal went down in 2005. Jane Brady, the Republican attorney general, was up for re-election the next year, and it was an open secret that Beau Biden, who had the most famous father in the state, was planning on making his political debut as the Democratic candidate against her.

Brady must have been seeing her political life passing before her eyes. When a Republican judgeship opened up on the Superior Court because of a retirement, it looked like a lifeline. Through intermediaries, there was back-channel talk with Ruth Ann Minner, the Democratic governor. A deal took shape, and what a deal it was.

Brady would be nominated for the judgeship. Minner would get to appoint an attorney general to finish out Brady’s term and flip the office to Democratic control. Beau Biden would have Brady out of his way.

There were howls about the politics of it all, everywhere but the state Senate. The senators thought politics was a fine avenue for getting a job. It was how they got theirs.

Amid a host of theatrics, which included a lawyer holding up a sign reading, “Judgeship for sale,” Brady was easily confirmed. So many judges could not resist showing up to watch that two of them wittily noted it in a conversation.

One judge said, “I wonder how justice is being meted out today.” The other judge replied, “It’s not. Politics is being meted out today.”

Justice and politics, inseparable as ever.  

 

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January 2017

January 3 - 28  “Winter Group Show” Rotating Group Show features a variety of art in different styles and media. Custom Framing & Gift Certificates are always available. Gallery Hours:...

Cost: free

Where:
The Station Gallery
3922 Kennett Pike
Greenville, DE  19807
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Telephone: 302-654-8638
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January 14, 15, 16 – Saturday, Sunday, and Monday – 10 a.m. to 4 p.m. Invention Convention Lights, camera, action! This year’s Invention Convention features hands-on video...

Cost: $8 for adults, $6 for children between 4 and 14, and free for children under 4 a

Where:
Hagley Museum
201 Hagley Creek Road
Wilmington, DE  19807
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Sponsor: Hagley Museum
Telephone: (302) 65802400 x 238
Contact Name: Jessica Eisenbrey
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Belly Dance Classes with Zahra Beginner & intermediate classes open to teens and adults Sundays in January starting Jan 8th Beginner: 2:30-3:30 p.m. Intermediate: 1 - 2 p.m (must get...

Cost: $15-$42

Where:
Take the Lead Studio
320 Lantana Drive
Hockessin , DE  19711
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Sponsor: Take the Lead
Contact Name: Zahra
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Join Rachel Binkley of Rocker Soaps + Herbals for a fun and information filled class. We will make soap, learn how to make a soap recipe and get tips and techniques to make it easier for you at...

Cost: 40

Where:
Elements of Nutrition
4710 Kirkwood Hwy
Wilmington, DE  19808
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Sponsor: Rocker Soaps + Herbals
Telephone: 302-544-0391
Contact Name: Rachel Binkley
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Come give curling a try! At this 2-hour intro-to-curling event we'll provide a basic lesson then coach you through a mini-game.  Whether you just want to cross #curling off your bucket list or...

Cost: $35

Where:
The Pond Ice Arena
101 John Campbell Rd
Newark, DE  19711
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Sponsor: Diamond State Curling Club
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The Rehoboth Beach Film Society will present its popular What Makes Us Tick? program during the Martin Luther King, Jr. holiday weekend, January 13-15. This analytical film and discussion series...

Cost: $9 - $10

Where:
Cinema Art Theater
17701 Dartmouth Drive, #2
Lewes, DE  19958
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Sponsor: Rehoboth Beach Film Society
Telephone: 302-645-9095
Contact Name: Jeri Kaplan
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BROKEN ARROW: A NEIL YOUNG TRIBUTE Broken Arrow delivers the music of Neil Young; both the rockin' electric guitar driven favorites and the more country flavored classics with pedal steel and...

Cost: $12 ADV- $14 DOS

Where:
World Cafe Live Wilmington
500 N Market St
Wilmington, DE  19801
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Telephone: 215-222-1400
Contact Name: MP Intern
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Learn how climate change affects our world with hands-on activities that can relate to explorers of all ages. Arctic Adventure and Rainforest Explorer visitors can take on the role of an Arctic...

Cost: Adults: $9 Children (3-17): $7 Seniors (60+): $8 Under 3: FREE Members: FREE

Where:
Delaware Museum of Natural History
4840 Kennett Pike
Wilmington, DE  19807
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Telephone: 302-658-9111
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When the kids have a day off but the parents don’t, let them spend the day off of school doing something really cool…having fun at DMNH! Enjoy games, crafts, activities, and even a hot dog...

Cost: $20 for Members, $25 for Non-Members.

Where:
Delaware Museum of Natural History
4840 Kennett Pike
Wilmington, DE  19807
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Website »

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January 3 - 28  “Winter Group Show” Rotating Group Show features a variety of art in different styles and media. Custom Framing & Gift Certificates are always available. Gallery Hours:...

Cost: free

Where:
The Station Gallery
3922 Kennett Pike
Greenville, DE  19807
View map »


Telephone: 302-654-8638
Website »

More information

Science is for everyone! Join us for hands on crafts and activities that highlight science contributions to natural history from scientists all around the world. Learn how YOU can make a difference...

Cost: Free with Admission

Where:
Delaware Museum of Natural History
4840 Kennett Pike
Wilmington, DE  19807
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Telephone: 130-265-89111
Website »

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January 14, 15, 16 – Saturday, Sunday, and Monday – 10 a.m. to 4 p.m. Invention Convention Lights, camera, action! This year’s Invention Convention features hands-on video...

Cost: $8 for adults, $6 for children between 4 and 14, and free for children under 4 a

Where:
Hagley Museum
201 Hagley Creek Road
Wilmington, DE  19807
View map »


Sponsor: Hagley Museum
Telephone: (302) 65802400 x 238
Contact Name: Jessica Eisenbrey
Website »

More information

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January 3 - 28  “Winter Group Show” Rotating Group Show features a variety of art in different styles and media. Custom Framing & Gift Certificates are always available. Gallery Hours:...

Cost: free

Where:
The Station Gallery
3922 Kennett Pike
Greenville, DE  19807
View map »


Telephone: 302-654-8638
Website »

More information

Tuesdays and Thursdays from 9:30AM-12:00PM Fall session: Thursday, Dec 1st thru Thursday, December 15th Winter session: Tuesday, January 17th thru Thursday, March 30th   Drop in on Nature is...

Cost: see description

Where:
The Annex
501 Chandler Mill Rd
Kennett Square, PA  19348
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Sponsor: The Land Conservancy
Telephone: 610-347-0347 ext.104
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East Coast Garden Center Indoor Farmers Market Nov 8, 2016 - April 11, 2017  11 am- 2 pm 25 vendors Location:  East Coast Garden Center 30366 Cordrey Rd Millsboro, DE 19966 302-945-3489

Cost: frr

Where:
East Coast Garden Center
30366 Cordrey Rd
Millsboro, DE  19966
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Sponsor: East Coast Garden Center
Telephone: 302-945-3489
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East Coast Garden Center Indoor Farmer's Marke 25 vendors

Cost: Free

Where:
East Coast Garden Center
30366 Cordrey Rd
Millsboro, DE  19966
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Telephone: 302-945-3489
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A four-week series of ballroom dancing classes taught by teachers from the BlueBallroom. Tuesdays starting Jan. 10. Classes are $30 a lesson for Non-Members. Non-Member slots are limited. For...

Cost: $30

Where:
University and Whist Club
805 N Broom St
Wilmington, DE  19806
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The Cinema & the Arts film series proudly presents a screening of the documentary ART BASTARD on  Tuesday, January 17, 7:00 pm, at Cinema Art Theater, 17701 Dartmouth Drive in Dartmouth Plaza,...

Cost: $9

Where:
Cinema Art Theater
17701 Dartmouth Drive, #2
Lewes, DE  19958
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Sponsor: Rehoboth Beach Film Society
Telephone: 302-645-9095
Contact Name: Jeri Kaplan
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January 3 - 28  “Winter Group Show” Rotating Group Show features a variety of art in different styles and media. Custom Framing & Gift Certificates are always available. Gallery Hours:...

Cost: free

Where:
The Station Gallery
3922 Kennett Pike
Greenville, DE  19807
View map »


Telephone: 302-654-8638
Website »

More information

The Division of Public Health offers its annual free flu vaccination event in the Legislative Hall Library, ground floor, 411 Legislative Ave., Dover, DE, on January 18, 2017, from 11:00 a.m. to...

Cost: FREE

Where:
Legislative Hall Library
411 Legislative Ave.
Dover, DE  19901
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Sponsor: Division of Public Health
Telephone: 800-282-8672
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Do you want to learn how to make soap? This is your chance! Join me for a fun and informative class @ Liquid Alchemy. I will teach you how to create your own recipe and the in-and-outs of soap...

Cost: 45.00

Where:
Liquid Alchemy
28 Brookside Dr.
Wilmington, DE  19804
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Sponsor: Rocker Soaps + Herbals
Telephone: 302-544-0391
Contact Name: Rachel Binkley
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Do you want to learn how to make soap? This is your chance! Join me for a fun and informative class @ Liquid Alchemy. I will teach you how to create your own recipe and the in-and-outs of soap...

Cost: 45

Where:
Liquid Alchemy
28 Brookside Dr.
, DE  19804
View map »


Sponsor: Rocker Soaps + Herbals
Telephone: 302-544-0391
Contact Name: Rachel Binkley
Website »

More information

Show More...
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January 3 - 28  “Winter Group Show” Rotating Group Show features a variety of art in different styles and media. Custom Framing & Gift Certificates are always available. Gallery Hours:...

Cost: free

Where:
The Station Gallery
3922 Kennett Pike
Greenville, DE  19807
View map »


Telephone: 302-654-8638
Website »

More information

Tuesdays and Thursdays from 9:30AM-12:00PM Fall session: Thursday, Dec 1st thru Thursday, December 15th Winter session: Tuesday, January 17th thru Thursday, March 30th   Drop in on Nature is...

Cost: see description

Where:
The Annex
501 Chandler Mill Rd
Kennett Square, PA  19348
View map »


Sponsor: The Land Conservancy
Telephone: 610-347-0347 ext.104
Website »

More information

Thursdays from 4:00PM-5:30PM Fall session: December 1st, 8th and 15th Winter session: Starts January 19th, every other Thursday until March 30th This program is based entirely outdoors and is...

Cost: Cost: $30 for TLC members / $40 for non-members

Where:
Bucktoe Creek Preserve
432 Sharp Rd
Avondale, PA  19311
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Sponsor: The Land Conservancy
Telephone: 610-347-0347 ext.104
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Guest speakers Patty Dailey-Lewis, executive director of the Beau Biden Foundation, and Delaware Family Court commissioner Loretta Young will discuss how participation in social media can too...

Cost: Free

Where:
Wilmington University - Doberstein Admissions Ctr.
320 N DuPont Highway
New Castle, DE  19805
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Sponsor: Wilmington University College of Social & Behavioral Sciences
Telephone: 302-295-1164
Contact Name: Dr. Johanna Bishop
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The 3rd Place and Bike Lane Cafe along with WestSide Grows and Delaware Permaculture bring you the West 7th Street Bazaar.  Happening EVERY 3rd Thursday from January through May, there will be...

Cost: Free Admission

Where:
The 3rd Place
1139 W. 7th Street
Wilmington, DE  19805
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Sponsor: West Side Grows
Telephone: 302-690-9459
Contact Name: Delaware Permaculture
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January 19 – Thursday – 6:30 p.m. Research Seminar: Amyrs Williams (Wesleyan University) – Reimagining the Modern Farm The seminar is open to the public and is based on a paper that is...

Cost: $0

Where:
Copeland Room, Hagley Library
298 Buck Road
Wilmington, DE  19807
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Sponsor: Hagley Museum & Library
Telephone: (302) 65802400
Contact Name: Carol Lockman
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The Resident Ensemble Players, Delaware’s professional acting company performing at the University of Delaware, presents The Bells by Theresa Rebeck. During the great Yukon gold rush of the...

Cost: $15 - $30

Where:
Thompson Theatre, Roselle Center for the Arts
110 Orchard Rd.
Newark, DE  19716
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Sponsor: Resident Ensemble Players
Telephone: (302) 831-2204
Website »

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HIGH & MIGHTY BRASS BAND There’s a reason that musical trailblazers from Galactic to DJ Logic have recently chosen to collaborate with High and Mighty Brass Band! and legends such as Dr. John,...

Cost: $15

Where:
World Cafe Live Wilmington
500 N Market St
Wilmington, DE  19801
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Telephone: 215-222-1400
Contact Name: MP Intern
Website »

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January 3 - 28  “Winter Group Show” Rotating Group Show features a variety of art in different styles and media. Custom Framing & Gift Certificates are always available. Gallery Hours:...

Cost: free

Where:
The Station Gallery
3922 Kennett Pike
Greenville, DE  19807
View map »


Telephone: 302-654-8638
Website »

More information

Tutto Fresco has live entertainment every Friday night from 6:30–9:30 p.m. Call for details. http://tuttofrescode.com/

Where:
Tutto Fresco
514 Philadelphia Pike
Wilmington, DE  19809
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Formed in 1992, Splintered Sunlight quickly became the most popular Grateful Dead Tribute band in the Philadelphia area, gaining praise from Dead Heads and Non Heads alike. Since that time,...

Cost: $10

Where:
World Cafe Live At The Queen
500 N Market St.
Wilmington, DE  19801
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Meeting every Friday, Bayhealth Kent General Hospital, 640 s. State Street, Dover, 7:30 pm., Private Dining Room #3 in the basement. For those who have, or think they may have a gambling problem....

Cost: 0.00

Where:
Bayhealth Kent General Hospital
640 S. State Street
Private Dining Room #3
Dover, DE  19901
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Telephone: 800-855-2CALLGA
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Ah, typecasting—the baritone is always the bad guy! In Devils, Drunks & Dastardly Dudes, we’ll go on an operatic journey of men behaving badly. We’ll add a tenor to the mix, too… but we...

Cost: $29-$59

Where:
OperaDelaware Studio
4 South Poplar St.
Wilmington, DE  19801
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Sponsor: OperaDelaware
Telephone: 302-442-7809
Contact Name: Mary Wilcosky
Website »

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The Resident Ensemble Players, Delaware’s professional acting company performing at the University of Delaware, presents The Bells by Theresa Rebeck. During the great Yukon gold rush of the...

Cost: $15 - $30

Where:
Thompson Theatre, Roselle Center for the Arts
110 Orchard Rd.
Newark, DE  19716
View map »


Sponsor: Resident Ensemble Players
Telephone: (302) 831-2204
Website »

More information

Show More...
Show Less...

January 3 - 28  “Winter Group Show” Rotating Group Show features a variety of art in different styles and media. Custom Framing & Gift Certificates are always available. Gallery Hours:...

Cost: free

Where:
The Station Gallery
3922 Kennett Pike
Greenville, DE  19807
View map »


Telephone: 302-654-8638
Website »

More information

Amateur and professional creators from the Wilmington community and beyond will sketch, paint and sculpt side-by-side with DCAD students, alumni, faculty and staff as nude and costumed male...

Cost: $30 per person

Where:
Delaware College of Art and Design
600 N. Market St.
Wilmington, DE  19081
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Sponsor: Delaware College of Art and Design
Telephone: 302-622-8000 x 123
Contact Name: Mark Tajzler
Website »

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From foxes and beavers to cats and dogs, all mammals benefit from open space! Discover the signs of mammals in winter and learn about human impact on mammal habitat and population survival. Join...

Cost: FREE for TLC members / $10 for non-members

Where:
Bucktoe Creek Preserve
432 Sharp Rd
Avondale, PA  19311
View map »


Sponsor: The Land Conservancy
Telephone: 610-347-0347 ext.104
Website »

More information

The Rehoboth Beach Film Society and the Cape Henlopen Educational Foundation are proud to present The Metropolitan Opera’s live broadcast of Charles Gounod’s ROMÉO ET JULIETTE on Saturday,...

Cost: $15 - $25

Where:
Cape Henlopen High School Theater
1250 Kings Highway
Lewes, DE  19958
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Sponsor: Rehoboth Beach Film Society
Telephone: 130-264-59095
Contact Name: Jeri Kaplan
Website »

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The Rehoboth Beach Film Society announces the next play in the exciting series of National Theatre Live screenings. National Theatre Live is a groundbreaking project that presents the best of...

Cost: $18-$20

Where:
Cinema Art Theater
17701 Dartmouth Drive, #2
Lewes, DE  19958
View map »


Sponsor: Rehoboth Beach Film Society
Telephone: 302-645-9095
Contact Name: Jeri Kaplan
Website »

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Coastal Concerts in downtown Lewes will host a presentation by one of the most recognized, honored and versatile musicians in the world, the legendary two-time Grammy Award-winning clarinetist...

Cost: $30. Ages 10-18 and one adult per youth.

Where:
Bethel United Methodist Church Fellowship Hall
Fourth & Market Streets
Lewes, DE  19958
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Sponsor: Coastal Concerts, Inc.
Telephone: 888-212-6458
Contact Name: Edna Ellett
Website »

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Ovations Dinner Theatre hosts an interactive Mafia Murder Mystery dinner. Ticket includes a 3-course Italian dinner and the performance. Tickets are $45 for Non-Members and Non-Member seating is...

Cost: 45

Where:
Ballroom at University and Whist Club
805 N. Broom St.
Wilmington, DE  19806
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Bethany Beach – When local businessman Tim Hill was diagnosed with amyotrophic lateral sclerosis (“ALS”) in 2014, he set on a mission to help other people who were diagnosed with...

Cost: $20 General Admission

Where:
Frankford Fire Hall
7 Main Street
Frankford, DE  19945
View map »

More information

The Resident Ensemble Players, Delaware’s professional acting company performing at the University of Delaware, presents The Bells by Theresa Rebeck. During the great Yukon gold rush of the...

Cost: $15 - $30

Where:
Thompson Theatre, Roselle Center for the Arts
110 Orchard Rd.
Newark, DE  19716
View map »


Sponsor: Resident Ensemble Players
Telephone: (302) 831-2204
Website »

More information

AM RADIO Have you ever perked up when the radio plays a song that first hit popular stations when you were young? Do you turn the volume up to obnoxious levels and sing along? Music can bring us...

Cost: $10 + FEES

Where:
World Cafe Live Wilmington
500 N Market St
Wilmington, DE  19801
View map »


Telephone: 215-222-1400
Contact Name: MP Intern
Website »

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