CHAPTER 221 - GENERAL PROVISIONS CONCERNING COURTS

AN ACT TO AMEND CHAPTER 108 OF THE REVISED CODE BY REPEALING 4246 SEC. 12 THEREOF RELATING TO THE OFFICE OF COURT STENOGRAPHER, AND TO PROVIDE FOR COURT STENOGRAPHERS, OFFICE STENOGRAPHERS, AND A CONTINGENT FUND FOR THE LAW COURTS OF THIS STATE.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. 4246 Sec. 12 of the Revised Code is repealed, and in lieu thereof it is provided as follows:

4246, Sec. 12. The law Judges of the State are authorized to appoint, and to remove at pleasure, two skilled and competent stenographers, to be designated as Court Reporters, whose duties shall be to attend the Sessions of the Superior Court, the Court of Oyer and Terminer, the Court of General Sessions, the Orphans' Courts, and at hearings conducted by the said Judges or any of them in term time or vacation, and under the orders of the Courts or Judge, to report all evidence, opinions and other matters;

To appoint, and to remove at pleasure, an additional skilled and competent stenographer, also to be designated as Court Reporter, whose duties shall be, when directed so to do by the Chief Justice, or in his absence by any of the said Judges, to attend the sessions of said courts and at hearings as aforesaid, and under the orders of said courts, or Judge, to report all evidence, opinions and other matters; and, when directed as aforesaid, to assist the several Judges in the preparation of orders, decrees and opinions;

To employ, and to remove at pleasure three competent Office Stenographers, one to be attached to said courts in each of the Counties, whose duties shall be to render to the several Judges such clerical, stenographic or typewriting service as shall be required of them.

The Court Reporters, before entering upon their duties, shall take and subscribe the oath of office as required by the Constitution.

The Court Reporters and Office Stenographers shall severally receive as compensation for their services, to be paid in equal monthly installments by the State Treasurer, such amounts of the Contingent Fund herein provided and established as the said Judges shall, from time to time, determine.

The said Judges shall certify to the State Auditor and State Treasurer the names and addresses of the several persons appointed as Court Reporters and office Stenographers, the several dates of their appointments, and the monthly compensations to be paid to them as shall have been determined.

The said Judges are empowered to adopt rules and regulations with respect to the charges to be made by Court Reporters for furnishing to attorneys or other interested persons transcriptions of evidence, opinions or records of trials, arguments or hearings; and with respect to the purchase of supplies and equipment, the presentation of bills and vouchers for the payment thereof, and for other necessary expenses of the Courts.

If, by reason of illness or other proper cause, any of the Court Reporters shall be unable to perform the duties assigned to him, and it shall be necessary for the transaction of the business of the Courts or Judges thereof to employ a substitute, the Judges are authorized to designate and appoint a suitable and competent stenographer to serve as a temporary Court Reporter for such time and for such compensation as they shall determine. Such substitute Court Reporter shall take the same oath of office as is required of a Court Reporter, and his acts shall have the same force and effect as if done by an official Court Reporter.

For the payment of the compensations of the Court Reporter, Office Stenographers, office supplies and equipment and other necessary expenses of the Courts, the sum of Sixteen Thousand Dollars ($16000.00) is appropriated.

Approved May 31, 1941.