CHAPTER 674

AN ACT TO AMEND TITLE 10, CHAPTER 1, SECTION 126, OF DELAWARE CODE RELATING TO METHOD FOR APPOINTING DEPUTY ADMINISTRATOR FOR JUSTICES OF PEACE.

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

Section 1. Amend Title 10 of the Delaware Code, by striking § 126 thereof in its entirety and substituting in lieu of same, a new § 126 to read as follows:

§ 126. Deputy Administrator for Justices of the Peace

(a) The Deputy Administrator shall be responsible for the administration of all accounts, expenditures and other administrative functions of the Courts.

(b) The Deputy Administrator shall report directly to the Chief Justice of the Supreme Court.

(c) The Deputy Administrator shall be appointed to his position by the Governor, with the advice and consent of the Senate and shall serve at the pleasure of the Governor.

Section 2. Title 10, Delaware Code, is amended by adding thereto a new Section to read as follows:

§ 127. Powers of the Deputy Administrator

(a) The Deputy Administrator shall perform such duties and shall enforce such orders and directives as the Chief Justice shall from time to time establish for the more efficient operation of the Justice of the Peace Courts. His duties and authority shall be limited to the operation of Justice of the Peace Courts and shall extend to no other court whatsoever. Anything in this Act to the contrary notwithstanding the Deputy Administrator shall not be considered one of the appointed Justices of the Peace, and the number of such Justices of the Peace as prescribed by law shall not be increased by virtue of such power vested in the Deputy Administrator.

(b) The Deputy Administrator shall have free access at all times to any proceedings before a Justice of the Peace for the purpose of acting as an observer and shall have the authority to inspect the records of, and to require reports and information from any of the Justices of the Peace, with respect to the manner of the operation of their Courts.

() The Deputy Administrator shall be a person who has been duly admitted to the practice of law in the State of Delaware.

(a) The Deputy Administrator may select an Assistant Deputy Administrator to assist him in the performance of his duties. The said assistant shall serve at the pleasure of the Deputy Administrator or until the appointment of a new Deputy Administrator.

(b) The Deputy Administrator shall be paid an annual salary of not less than $16,000 and not more than $23,000. Said salary shall be determined by the Governor.

Section 3. The provisions of Sections 1 and 2 of this Act shall become effective upon the signature of this Act by the Governor. The Deputy Administrator presently serving shall continue to serve until his successor is appointed and confirmed by the Senate.

Approved July 7, 1970.