29 DE Code § 2505. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 25. State Department of Justice|Subchapter I. General Powers|§ 2505. Chief Deputy, State Solicitor, State Prosecutor, assistants, special assistants and law clerks.

§ 2505. Chief Deputy, State Solicitor, State Prosecutor, assistants, special assistants and law clerks. (a) The Attorney General may appoint, from the practicing members of the Bar of this State, a lawyer resident in this State who shall be the Chief Deputy Attorney General and who shall have such powers, duties and responsibilities as designated by the Attorney General and shall serve on a full-time basis. In the event that the office of Attorney General becomes vacant, or should the Attorney General be unable to discharge the powers and duties of the office due to illness or incapacitation, the Chief Deputy Attorney General shall discharge the powers and duties of the Attorney General for a period not to exceed 90 days or until the Governor appoints a successor, whichever occurs first. (b) The Attorney General may appoint, from the practicing members of the Bar of this State, a lawyer resident in this State who shall be designated as the State Solicitor, who shall serve on a full-time basis under the direct control of the Attorney General. The State Solicitor shall be responsible for all civil actions and matters wherein the State or its agencies or subdivisions are involved and shall have such powers and duties as the Attorney General shall designate. (c) The Attorney General may appoint, from the practicing members of the Bar of this State, a lawyer resident in this State who shall be designated as the State Prosecutor and who shall serve on a full-time basis under the direct control of the Attorney General. The State Prosecutor shall be responsible for the prosecution of all criminal matters and shall have such powers and duties as the Attorney General shall designate. (d) The Attorney General may appoint, within the limits of the appropriations made to the State Department of Justice, persons, authorized by rule of the State Supreme Court to practice law in the courts of this State, to be assistants or special assistants, who shall have such powers, duties and responsibilities as designated by the Attorney General. (e) The Attorney General may appoint, within the limits of the appropriations made to the State Department of Justice, law clerks, who shall have such powers, duties and responsibilities as the Attorney General shall designate. (f) The Attorney General may assign an assistant or special assistant to serve in any legal capacity in or for any office, department, board, agency, commission or instrumentality of the state government on a part-time or full-time basis whenever, in the judgment of the Attorney General, such assignment will contribute to the efficiency of the operation of such office, department, board, agency, commission or instrumentality; but such assistant shall remain under the supervision and control of the Attorney General while so serving. (g) The powers of all assistants shall be statewide. (h) The Attorney General shall devote full time to the office and shall not practice law for the term to which the Attorney General is elected. The Attorney General shall determine whether any assistants other than those designated as full time in this section shall be excluded from the practice of law. The salaries of the Chief Deputy and assistants shall be as fixed by the Attorney General within the appropriations made to the State Department of Justice and the limitations of § 2506 of this title. (i) The Attorney General may appoint persons authorized by rule of the State Supreme Court to practice law in this State, in addition to those authorized by appropriations to the Department to be assistants and special assistants, to be compensated from federal funds and funds other than those funds appropriated to the State Department of Justice, to have such powers, duties and responsibilities as designated by the Attorney General. The tenure provisions of § 2511 of this title, however, shall not apply to such assistants and special assistants and the State shall not be obligated to continue their employment when or in the event such federal funds or such other funds are no longer available to pay their salaries. (j) The Attorney General may appoint, from the practicing members of the Bar of this State, a lawyer resident in this State who shall be designated as the head or assistant head of any Division of the State Department of Justice, or the Chief Prosecutor of a particular county and who shall serve on a full-time basis under the direct control of the Attorney General. Such persons shall have such responsibilities, powers and duties as the Attorney General shall designate. (k) The Attorney General shall ensure that any assistant or special assistant regularly assigned to the prosecution of criminal or delinquency cases alleging a sexual offense as that term is defined in § 761 of Title 11, including all lawyers assigned to the Sex Crimes Unit, shall receive at least 4 hours every 3 years of specialized training in the prosecution of sexual assault. Such evidence-based training shall be victim-centered and trauma-informed, and shall include education on mandatory reporting requirements under state and federal law, and shall be provided by the National College of District Attorneys or any other appropriate organization approved by the Attorney General. 29 Del. C. 1953, §  2505;  56 Del. Laws, c. 326, §  1;  58 Del. Laws, c. 99, §  1;  59 Del. Laws, c. 222, §  9;  59 Del. Laws, c. 289, §§  2-5;  61 Del. Laws, c. 409, §  112;  61 Del. Laws, c. 519, §  33;  62 Del. Laws, c. 68, §  79;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 340, §§  1-3;  75 Del. Laws, c. 370, §  1;  80 Del. Laws, c. 55, §  2;