CHAPTER 18

CREATING A COUNCIL ON THE ADMINISTRATION

OF JUSTICE

AN ACT CREATING A COUNCIL ON THE ADMINISTRATION OF JUSTICE.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Title 10 of the Delaware Code is hereby amended by adding a new chapter thereto to be numbered Chapter 20 and to be entitled "Council on the Administration of Justice" as follows:

§ 2001. Composition of Council

A Council on the Administration of Justice of fifteen members is hereby created which shall consist of the following ex-officio and appointed members:

The Chief Justice

The Chancellor

The President Judge of the Superior Court The President Pro-tem of the Senate

The Speaker of the House

The Minority Leader of the Senate

The Minority Leader of the House

The Attorney General

The President of the Bar Association

The President of the University of Delaware

Five (5) non-lawyers appointed by the Governor, at least

one (1) to be appointed from each county.

§ 2002. Terms of Office

Members of the Council shall hold office for the following terms:

1. Ex-officio members of the Council, for the duration of their respective terms of office.

2. The five (5) non-lawyer appointees of the Governor, for a term co-extensive with that of the appointing Governor.

§ 2003. Vacancies

Vacancies shall be filled for the remainder of any term in the same manner as the original appointment.

§ 2004. Duties of Council

It is the duty of the Council:

a. To make a continuous study of the administration of justice in this State, and of the organization, procedure, practice, rules and methods of administration and operation of each and all of the courts of the State, whether of record or not of record.

To receive and consider, and in its discretion, investigate criticisms and suggestions pertaining to the administration of justice in the State.

b. To collect and to make such use of statistical and other information concerning the work of the courts of the State as may, in its discretion, appear desirable.

c. To recommend to the Governor, the General Assembly, the courts or to any officer or department, or to the Bar either upon request or upon the Council's own motion such changes in the law or in the rules, organizations, operation of methods of conducting the business of the courts, or with respect to any matter pertaining to the

administration of justice as it may deem desirable.

§ 2005. Duty of State Officers to Render Reports

The judges and clerks of the courts of the State, sheriffs, prosecuting attorneys, and other officers of the State and its sub-divisions shall render to the Council such reports as it may request on matters within the scope of its duties.

§ 2006. Biennial Report

The Council shall on or before October 31 of the year immediately preceding each regular session of the General Assembly report to the Governor, and to the Legislative Reference Bureau which shall submit the report to the members of the next General Assembly within ten (10) days of its convening. The report shall contain a statement of the activities of the Council and the work of the courts of the State and shall make any recommendations and suggestions the Council may have for the improvement of the administration of justice. The Council may publish such reports and on publication they shall become public records accessible to the public.

§ 2007. Expenses of Council

The members of the Council shall not receive any compensation for services but shall be allowed and paid actual and necessary expenses incurred in the performance of their duties. Such expenses and the expenses of Council incurred in the administration of this act shall be allowed from the State Treasury out of any appropriation made for the purpose.

§ 2008. Rules and Regulations

The Council shall have authority to adopt rules and regulations governing its organization and procedure. The Council may call upon the clerk of the Supreme Court to act as secretary and to perform other duties in aid of the work of the Council.

Section 2. There is hereby appropriated from any moneys

in the State Treasury not otherwise appropriated, the sum Seven Hundred Fifty Dollars ($750.00) for each of the fiscal years ending July 1, 1956, and July 1, 1957, for the purpose of carrying out the provisions of this act.

Approved April 13, 1955.