CHAPTER 232

AN ACT TO AMEND CHAPTER 17, TITLE 10, DELAWARE CODE, RELATING TO THE MUNICIPAL COURT FOR THE CITY OF WILMINGTON AND PROVIDING FOR A CHIEF JUDGE THEREFOR.

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

Section 1. Section 1702, Title 10, Delaware Code, is amended to read as follows:

§ 1702. Judges; appointments; terms; qualifications; salary

(a) The Governor shall, with the consent of the Senate, appoint and commission three (3) Judges, each for a term of twelve (12) years and each of whom shall be qualified to hold and preside over the Municipal Court for the City of Wilmington. No more than two (2) Judges shall be appointed from the membership of the same political party.

(b) No person shall be eligible to hold office of Judge of the Municipal Court for the City of Wilmington unless he has been duly licensed to practice law before the Supreme Court of this State for at least five (5) years preceding his appointment.

(c) Whenever used in this Code or in any other law of this State, unless the context requires a different meaning, the term "City Judge" shall mean the three (3) Judges of the Municipal Court for the City of Wilmington.

(d) The Judges of such Court shall receive a compensation equal in the amount as provided for by the Council of the City of Wilmington.

(e) No Judge of such Court shall, upon assuming his duties, practice law during his term of office.

(f) One of the Judges appointed hereunder shall be appointed as Chief Judge of the Municipal Court for the City of Wilmington, and shall be the Chief Administrative Officer of the Court; and the other two (2) Judges appointed hereunder shall be appointed as Associate Judges for the said Court.

(g) In the event of a vacancy by death, resignation or otherwise, the Governor shall appoint a successor for the full term of twelve years (12), who shall be confirmed by the majority of the Members elected to the Senate.

Section 2. This Act shall become effective upon its signature by the Governor; provided, however, that the Judges of the Municipal Court for the City of Wilmington presently commissioned and serving as Chief Judge and/or Associate Judge shall have the option of completing their respective terms of office without regard to the provisions of Subsection (e) of § 1702 of Section 1. Any Judge presently commissioned and serving as a Chief Judge shall complete his term in that capacity and thereafter the office of Chief Judge must be fulfilled in accordance with the provisions of § 1702 of Section 1.

Section 3. Section 1703, Title 10, Delaware Code, is hereby repealed; provided, however, any Associate Judge commissioned and serving pursuant to said Section shall continue to serve as provided in Sections 1 and 2 of this Act.

Section 4. In the event that the duties or any part of the duties now entrusted to any of the Judges of the Municipal Court for the City of Wilmington are transferred to the Court of Common Pleas in and for New Castle County or the Superior Court of the State of Delaware in and for New Castle County, then the Chief Justice of the State of Delaware is hereby authorized to assign the President Judge and/or the other two or any one of the other two Judges of the Municipal Court for the City of Wilmington to the Court to which that part of the function of the Municipal Court for the City of Wilmington has been transferred.

Approved July 10, 1969,