CHAPTER 294

AN ACT PROPOSING AN AMENDMENT TO ARTICLE 4, SECTION 2, OF THE CONSTITUTION OF THE STATE OF DELAWARE RELATING TO ACTIVE JUDICIAL DUTY BY RETIRED JUDGES.

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. Article 4, Section 2 of the Constitution of the State of Delaware, is amended by adding the following paragraph thereto:

A former State Judge (including former Justices of the Supreme Court), who is voluntarily retired pursuant to a statutory judicial pension system enacted by the General Assembly and receiving a judicial pension and who assents to active judicial duty and who is not actively engaged in the practice of law, shall be authorized to sit in the Court from which he retired upon designation of the Chief Justice of the Supreme Court and shall be authorized to sit by appropriate designation in any other Court to which he could be designated under the Constitution and statutes of the State if he still held the judicial position from which he retired. Nothing herein shall authorize the designation of any former State Judge (including former Justices of the Supreme Court) to sit in the Supreme Court except temporarily to fill up the number of that Court to the required quorum.