CHAPTER 301

AN ACT AGREEING TO A PROPOSED AMENDMENT TO ARTICLE 1V OF THE CONSTITUTION OF THE STATE OF DELAWARE, RELATING TO THE STATE JUDICIARY SO AS TO REPEAL PROVISIONS LIMITING THE NUMBER OF JUDGES OF THE SUPERIOR COURT AND ORPHANS' COURT AND TO PERMIT THE GENERAL ASSEMBLY TO AUTHORIZE APPOINTMENT OF ADDITIONAL MEMBERS OF THE JUDICIARY.

WHEREAS, an amendment to the Constitution of the State of Delaware was proposed to the 120th General Assembly as follows:

An Act Proposing Amendments To Article Iv Of The Constitution Of The State Of Delaware, Relating To The State 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 2 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 2 to read as follows:

Section 2. There shall be three Justices of the Supreme Court who shall be citizens of the State and learned in the law. One of them shall be the Chief Justice who shall be designated as such by his appointment and who when present shall preside at all sittings of the Court. In the absence of the Chief Justice the Justice present who is senior in length of service shall preside. If it is otherwise impossible to determine seniority among the Justices, they shall determine it by lot and certify accordingly to the Governor.

There shall be seven other State Judges who shall be citizens of the State and learned in the law. One of them shall be Chancellor, one of them Vice-Chancellor, one of them President Judge of the Superior Court and of the Orphans' Court, and the remainder of them Associate Judges of the Superior Court and of the Orphans' Court. Three of said Associate Judges shall be Resident Associate Judges and one of them shall after appointment reside in each county of the State.

There shall also be such number of additional Vice-Chancellors and Associate Judges as may hereinafter be provided for by Act of the General Assembly. Each of such Vice-Chancellors and Associate Judges shall be citizens of the State and learned in the law.

If it is otherwise impossible to determine seniority of service among the Vice-Chancellors or among the said Associate Judges, they shall determine it by lot respectively and certify accordingly to the Governor.

The tenure and status of the Justices of the Supreme Court and State Judges as shall have been appointed as provided for by the Constitution or by Act of the General Assembly prior to the time this amended Article IV of this Constitution becomes effective shall in no wise be affected. AND

WHEREAS, the said proposed amendment was agreed to by two-thirds of all the Members elected to each House in the said 120th General Assembly, NOW, THEREFORE,

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

Section 1. The said proposed amendment is agreed to and adopted and shall forthwith become a part of the Constitution.

Effective February 14, 1961.