Smyrna times., 1950-07-20
Final Service July 80

the soloist.
AN ACT PROPOSING CERTAIN AMEND.
MENTs TO ARTICLE Nv OF THE
CONSTITUTION OF THE STATE OF
DELAWARE, RELATING TO THE
JUDICIARY.
Be it enacted by the Senate and House
of Representatives of the State of Della
ware in General Assembly met two
thirds of all the Members elected to each
House agreeing thereto):
Section l. That Article ~ of the
Constitution of the State of Delaware
be amended so as to read as follows:
ARTICLE w
Judiciary
Section l. The judicial power of this
State shall be vested in a Supreme Court,
a Superior Court. a Court of Chancery,
an Orphans Court, a Registers Court,
Justices of the Peace, and such other
courts as the General Assembly, with the
concurrence of two-thirds of all the
Members elected to each House, shall
have by law established prior to the time
this amended Article ~ of this Consti-
tuition becomes effective or shall from
time to time by law establish after such
time.
Section 2. There shall be three JUS
tees of the Supreme Court who shall be
citizens of the State and learned in the
law. One of them shall be the Chief
Justice who shall be designated as such
by his appointment and who when present
shall preside at all sittings of the Court.
In the absence of the Chief Justice the
Justice present who is senior in length
of service shall preside. If it is other
wise impossible to determine seniority
among the Justices, they shall determine
it by lot and certify accordingly to the
Governor.
There shall be six other State Judges
who shall be citizens of the State and
learned in the law. One of them shall
be Chancellor, one of them President
Orphans Court and the other four of
them Associate Judges of the Superior
Court and of the Orphans Court Three
of the said Associate Judges shall be
resident Associate Judges and one Of
them shall after appointment reside in
each County of the State. If it is other
wise impossible to determine seniority OF
service among the said Associate Judges,
they shall determine it by lot and certify
accordingly to the Governor.
There shall also be such number of
other State Judges to be known as Vice
Chancellors as shall have been provided
for by the Constitution or by Act of the
amended Article " of this Constitution
becomes effective and as may be provided
for by Act of the General Assembly after
such time. Each of such Vice-Chancel-
lors shall be citizens of the State and
learned in the law.
Section 8. The Justices of the Supreme
Court, the Chancellor and the Vice
Chancellor or Vice. -Chancellors, and the
President Judge and Associate Judges OF
the Superior Court and of the Orphans
Court shall be appointed by the Govern
or, by and with the consent of major
ity of all the Members elected to the
Senate. for the term of twelve years each
and the persons so appointed shall enter
upon the discharge of the duties of their
respective offices upon taking the oath OF
office prescribed by this Constitution. II
vacancy shall occur, by expiration OF
term or otherwise, at a time when the
Senate shall not be in session, the Gov
ernor shall within thirty (30) days after
the happening of any such vacancy con-
vene the Senate for the purpose of con-
frming his appointment to fill said vacan-
cy and the transaction of such other
executive business as may come before it
Such vacancy shall be filled aforesaid
for the full term.
Appointments to the offices of the State
Judiciary shall at all times be subject tc
all of the following limitations:
First, no more than two of the three
at the same time, shall be of the same
major political party, at least one of sale
Justices shall be of the other major
political party;
Second. no more than three of the five
Judges of the Superior Court and Orph.
ans Court, in office at the same time
shall be of the same major political party
at least two of the five Judges shall bt
of the other major political party;
Third, at any time when the total mum
ber of the offices of the three Justice:
of the Supreme Court, the five Judge:
of the Superior Court and Orphans
Court, the Chancellor and all Vice
Chancellors, shall be an even number. no
more than one-half of the members o.
all such offices shall be of the sam,
major political party; and at any tim,
when the total number of such office.
shall be an odd number, then not NOR,
than a bare majority of the members o.
all of such Offices shall be of the same
major political party, the remaining
members of the Courts above enumerated
shall be of the other major politica
party.
Section 4. The Justices of the Suprem,
Court, the Chancellor and the Vice-Chan
cellor or -Chancellors, and the Presi
dent Judge and Associate Judges of th'
Superior Court and of the Orphans Cour
shall respectively receive from the Stat,
for their services compensations whicl
and they shall not receive any fees O
perquisites in addition to their salarie
for business done by them except as pro
vided by law. They shall hold no othe
office of profit.
Section 5. The President Judge of tn
Superior Court and of the Orphans Cour
and the four Associate Judges thereo
shall compose the Superior Court and tn
Orphans Court, as hereinafter prescribed
The said five Judges shall designate thos
of their number who shall hold the sal
courts in the several counties. No NOR
than three of them shall sit together II
either of the said courts. In each of tn
said courts the President Judge whel
present shall preside and in his absenc
the senior Associate Judge present shal
preside.
of the said Courts, respectively, except Il
the Superior Court sitting to try Grim
inal case involving charge OF capita
felony, when three Judges shall constitut
a quorum, and except in the Superio
Court sitting to try cases OF prosecute
under Section 8 of Article OF this Con
stitution, when two Judges shall consti
tute quorum, and except in the Orpn
ans Court sitting to hear appeals froT
a Registers Court, when two Judges sha
constitute a quorum. One Judge ma
open and adjourn any of said Courts.
Section 6. Subject to the provisions O
Section 5 of this Article, two or NOR
sessions of the Superior Court and OF tn
Orphans Court may at the same tim
be held in the same county or IN dlheren
counties, and the business in the sewers
counties may be distributed and appol
toned in such manner as shall be Pre-
vided by the rules of the said Courts
respectively.