De. Const. art. IV, § 37 — Article IV / Section 37
DE Const., Article IV, Section 37
Status: in_force

A Court on the Judiciary is hereby created consisting of the Chief Justice and the Justices of the Supreme Court, the Chancellor, the President Judge of the Superior Court, the Chief Judge of the Family Court, the Chief Judge of the Court of Common Pleas and the Chief Magistrate of the Justice of the Peace Court. Any judicial officer appointed by the Governor may be censured or removed or retired by the Court on the Judiciary as herein provided. A judicial officer may be censured or removed by virtue of this section for wilful misconduct in office, wilful and persistent failure to perform his or her duties, the commission after appointment of an offense involving moral turpitude, or other persistent misconduct in violation of the Canons of Judicial Ethics as adopted by the Delaware Supreme Court from time to time. A judicial officer may be retired by virtue of this section for permanent mental or physical disability interfering with the proper performance of the duties of his or her office. No judicial officer shall be censured or removed or retired under this section unless he or she has been served with a written statement of the charges against him or her, or of the grounds of his or her retirement, and shall have had an opportunity to be heard in accordance with due process of ​ law. The affirmative concurrence of not less than two-thirds of the members of the Court on the Judiciary shall be necessary for the censure or removal or retirement of a judicial officer. The Court on the Judiciary shall be convened for appropriate action upon the order of the Chief Justice, or upon the order of any other three members of the Court on the Judiciary. All hearings and other proceedings of the Court on the Judiciary shall be private, and all records except a final order of removal or retirement shall be confidential, unless the judicial officer involved shall otherwise request. Upon an order of removal, the judicial officer shall thereby be removed from office, all of his or her authority, rights and privileges as a judicial officer shall cease from the date of the order, and a vacancy shall be deemed to exist as of that date. Upon an order of retirement, the judicial officer shall thereby be retired with such rights and privileges as may be provided by law for the disability retirement of a judicial officer, and a vacancy shall be deemed to exist as of the date of retirement. In the absence or disqualification of a member of the Court on the Judiciary, the Chief Justice, or in his or her absence or disqualification the Senior Associate Justice, shall appoint a substitute member pro tempore. The Court on the Judiciary shall have: (a) the power to summon witnesses to appear and testify under oath and to compel the production of books, papers and documents, and (b) the power to adopt rules establishing procedures for the investigation and trial of a judicial officer hereunder. 56 Del. Laws, c. 145 and 57 Del. Laws, c. 293; 71 Del. Laws, c. 379 and 72 Del. Laws, c. 136; 74 Del. Laws, c. 299 and 75 Del. Laws, c. 53; 80 Del. Laws, c. 170 and 81 Del. Laws, c. 44; § 38. Retired Judges and Justices; temporary assignment.