CHAPTER 592

HOUSE BILL NO. 1099

AS AMENDED BY HOUSE ADMENDMENT NO. 1

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. Amend Section 2 of Article 4 of the Constitution of the State of Delaware of 1897, as amended, by adding thereto the following paragraph:

"A former State Judge or a former Justice of the Supreme Court, who is retired and is receiving a State judicial pension and who assents to active judicial duty and who is not engaged in the practice of law, upon designation of the Chief Justice of the Supreme Court, shall be authorized to sit temporarily in the Court from which he retired or in any other Court to which he could be designated under the Consitution and statutes of the State if he still held the judicial position from which he retired. Any person so designated shall receive compensation as the General Assembly shall provide. Nothing herein shall authorize the designation of any former State Judge or a former Justice of the Supreme Court to sit in the Supreme Court except temporarily to fill up the number of that Court to the required quorum. The term "State Judge" as used in this paragraph means a chancellor or vice-chancellor of the Chancery Court or a president judge or associate judge of the Superior Court."

Approved June 25, 1976