CHAPTER 34

CONSTITUTIONAL AMENDMENT RELATING TO JUDICIARY APPOINTMENTS TO BE CONFIRMED BY THE SENATE

AN ACT AGREEING TO THE PROPOSED AMENDMENT TO SECTION 3 OF ARTICLE IV OF THE CONSTITUTION OF THE STATE OF DELAWARE, RELATING TO THE APPOINTMENT OF MEMBERS OF THE STATE JUDICIARY BY REQUIRING THE GOVERNOR TO ADDRESS A PUBLIC LETTER TO THE PRESIDENT OF THE SENATE STATING THE NAME OF THE PERSON HE INTENDS TO APPOINT AT LEAST TEN DAYS PRIOR TO THE SUBMISSION OF SUCH PERSON'S NAME TO THE SENATE FOR CONFIRMATION.

WHEREAS, an Amendment to the Constitution of the State of Delaware was proposed to the Senate in the One Hundred and Fifteenth Session of the General Assembly as follows:

"An Act Proposing An Amendment To Section 3 Of Article Iv Of The Constitution Of The State Of Delaware Relating To The Appointment Of Members Of The State Judiciary By Requiring The Governor To Address A Public Letter To The President Of The Senate Stating The Name Of The Person He Intends To Appoint At Least Ten Days Prior To The Submission Of Such Person's Name To The Senate For Confirmation.

"Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (two-thirds of all Members elected to each branch thereof agreeing thereto):

"Section 1. That Article IV of the Constitution of the State of Delaware be and the same is hereby amended by adding an additional paragraph to said Section 3 of said Article IV to read as follows:

"Before sending the name of any person to the Senate for confirmation as the appointment of the Governor to a vacancy existing among any of the law judges as aforesaid, the Governor shall, not less than ten (10) days before sending the name of such person to the Senate for confirmation, address a public letter to the President of the Senate informing him that he intends to submit to the Senate for confirmation as an appointment to such vacancy the name of the person he intends to appoint."

AND WHEREAS, the said proposed amendment was agreed to by two-thirds of all the members elected to each House in the said One Hundred and Fifteenth Session of the General Assembly; and

WHEREAS, the said proposed amendment was published by the Secretary of State three months before the then next general election, to wit: the general election of 1950, in three newspapers in each County in the State of Delaware, NOW, THEREFORE,

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (two-thirds of all the Members elected to each House of the General Assembly agreeing thereto):

Section 1. That the said proposed Amendment be and it is hereby agreed to and adopted and that the same shall forthwith become and be a part of the Constitution.

Approved April 17, 1951.