CHAPTER 99

FORMERLY HOUSE BILL NO. 174

AS AMENDED BY HOUSE AMENDMENTS NO. 1 AND 2

AN ACT TO AMEND CHAPTER 25, TITLE 29, DELAWARE CODE CONCERNING THE DEPARTMENT OF JUSTICE.

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

Section 1. Amend Section 2505, Title 29, Delaware Code, by striking said section in its entirety and substituting in lieu thereof the following new Section 2505:

§ 2505. Chief Deputy, State Solicitor, State Prosecutor, Deputies, Special Deputies and Law Clerks

(a) The Attorney General may appoint, from the practicing members of the bar of this State, a lawyer resident in this State who shall be his Chief Deputy Attorney General, and who shall have such powers, duties and responsibilities as designated by the Attorney General, and shall serve on a full-time basis.

(b) The Attorney General may appoint, from the practicing members of the bar of this State, a lawyer resident in this State who shall be designated as the State Solicitor, and shall serve on a full-time basis under the direct control of the Attorney General. The State Solicitor shall be responsible for all civil actions and matters wherein the State or its agencies or subdivisions are involved, and shall have such powers and duties as the Attorney General shall designate.

(c) The Attorney General may appoint, from the practicing members of the bar of this State, a lawyer resident in this State who shall be designated as the State Prosecutor, and shall serve on a full-time basis under the direct control of the Attorney General. The State Prosecutor shall be responsible for the prosecution of all criminal matters, and shall have such powers and duties as the Attorney General shall designate.

(d) The Attorney General may appoint, from the practicing members of the bar of this State, within the limits of the

appropriations made to the State Department of Justice, lawyers resident in this State to be his Deputy Attorneys General or Special Deputy Attorneys General, who shall have such powers, duties and responsibilities as designated by the Attorney General.

(e) The Attorney General may appoint, within the limits of the appropriations made to the State Department of Justice, law clerks, who shall have such powers, duties and responsibilities as the Attorney General shall designate.

(f) The Attorney General may assign a Deputy Attorney General or Special Deputy Attorney General to serve in any legal capacity in or for any offices, department, board, agency, commission or instrumentality of the State Government on a part-time or full-time basis whenever, in the judgment of the Attorney General, such assignment will contribute to the efficiency of the operation of such office, department, board, agency, commission, or instrumentality; but such Deputy shall remain under the supervision and control of the Attorney General while so serving and his compensation shall be payable solely from the appropriations made to the Department of Justice.

(g) The powers of all Deputies shall be statewide.

(h) The Attorney General shall devote full-time to the office and shall not practice law for the term to which he is elected. He shall determine whether any of his Deputies other than those designated as full-time in this section, shall be excluded from the practice of law. The salaries of the Chief Deputy and Deputies shall be as fixed by the Attorney General within the appropriations made to the State Department of Justice and the limitations of Section 2506 of this title.

Section 2. Amend Section 2506, Title 29, Delaware Code, by striking said section in its entirety and substituting in lieu thereof the following new Section 2506:

§ 2506. Salaries of Attorney General; Chief Deputy; State Solid-tor, State Prosecutor, Deputies, Special Deputies, Assistants and Law Clerics

members of the Department of Justice within the limits set forth in this section.

(b) The salary of the Chief Deputy Attorney General shall be not more than $25,000 per annum.

() The salary of the State Solicitor shall be not more than $24,000 per annum.

(a) The salary of the State Prosecutor shall be not more than $24,000 per annum.

(b) The salaries of the full-time Deputy Attorneys General shall not be more than $22,500 per annum. All other Deputy Attorneys General shall receive the salary as established by the Attorney General but not to exceed $15,000 per annum.

(c) The salary or fee of Special Deputies shall be fixed by the Attorney General within the appropriations made to the State Department of Justice.

(d) The salary of Law Clerks shall be fixed by the Attorney General within the appropriations made to the State Department of Justice.

Section 3. Section 2507, Title 29, Delaware Code, is amended by inserting a new sentence between the words, "prescribe" and "Expenses", as the same appear on line 9 of said section:

"The special counsel so appointed shall have such powers, duties and responsibilities as designated by the Attorney General in addition to those powers prescribed in Section 2504 (c) of this chapter."

Section 4. This Act shall take effect July 1, 1971.

Approved May 28, 1971.