CHAPTER 608

CONSTITUTIONAL AMENDMENT

AN ACT PROPOSING CERTAIN AMENDMENTS TO ARTICLE IV OF THE CONSTITUTION OF THE STATE OF DELAWARE, RELATING TO THE JUDICIARY.

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

Section 1. Article IV, Section 13 of the Constitution of the State of Delaware is amended by striking out all of that Section and inserting in lieu there of a new Section 13 to read as follows:

Section 13. The Chief Justice of the Supreme Court, or in case of his absence from the State, or incapacity, the Senior Associate Justice of the Supreme Court, or in case of his absence from the State, or incapacity, the remaining Associate Justice of the Supreme Court, shall be the administrative head of all the Courts in the State, and shall have general administrative and supervisory powers over all the Courts. Such powers shall include but shall not be limited to the following:

(1) Upon the approval of a majority of the Justices of the Supreme Court to adopt rules for the administration of justice and the conduct of the business of any or all the Courts in this State: Provided, however, that any other of the Courts in this State may from time to time, subject to the exercise of the power in this paragraph (1) conferred upon the Justices of the Supreme Court, adopt rules of pleading, practice and procedure applicable to such Court.

(2) Upon written request made by the Chancellor, or in his absence or incapacity by the Vice-Chancellor, or upon the written request made by the President Judge of the Superior Court and of the Orphans' Court, or in his absence or incapacity by the Senior Associate Judge, to designate one or more of the State Judges (including the Justices of the Supreme Court) to sit in the Court of Chancery, the Superior Court, or the Orphans' Court, as the case may be, and to hear and decide such causes in such Court and for such period of time as shall be designated. It shall be the duty of the State Judge so designated to serve according to such designation as a Judge of the Court designated. The provisions of this paragraph shall not be deemed to limit in any manner the powers conferred upon the judges of the Superior Court under Section 14 of this Article.

Section 2. Article IV, Section 5 of the Constitution of the State of Delaware is amended by striking out all of that Section and inserting in lieu thereof a new Section 5 to read as follows:

Section 5. The President Judge of the Superior Court and the Orphans' Court and the four Associate Judges thereof shall compose the Superior Court and the Orphans' Court, as hereinafter prescribed. In each of the said courts the President Judge when present shall preside and in his absence the senior Associate Judge present shall preside.

One Judge shall constitute a quorum of the said courts, respectively, except in the Superior Court sitting to try a criminal case involving a charge of capital felony, when three judges shall constitute a quorum, and except in the Superior Court sitting to try cases of prosecution under Section 8 of Article V of this Constitution, when two Judges shall constitute a quorum. One Judge may open and adjourn any of said courts.

Section 3. Article IV, Section 6 of the Constitution of the State of Delaware is amended by striking out all of that Section and inserting in lieu thereof a new Section 6 to read as follows :

Section 6. Subject to the provisions of Section 5 of this Article, two or more sessions of the Superior Court and of the Orphans' Court may at the same time be held in the same County or in different Counties.

Section 4. Article IV, Section 10 of the Constitution of the State of Delaware is amended by striking out all of that Section and inserting in lieu thereof a new Section 10 to read as follows:

Section 10. The Chancellor and the Vies Chancellor or Vice Chancellors shall hold the Court of Chancery. One of them, respectively, shall sit alone in that court. This court shall have all the jurisdiction and powers vested by the laws of this State in the Court of Chancery. In any cause or matter in the Court of Chancery that is initiated by an application to a Judge of that Court, the application may be made directly to the Chancellor or a Vice Chancellor. Causes or proceedings in the Court of Chancery shall be decided, and orders or decrees therein shall be made by the Chancellor or Vice Chancellor who hears them, respectively.