CHAPTER 562

SENATE JOINT RESOLUTION NO. 28

AUTHORIZING THE GENERAL ASSEMBLY TO PETITION FOR LEAVE TO APPEAR AS AMICUS CURIAE IN THE CASE OF EVANS V. BUCHANAN.

WHEREAS, the General Assembly represents the interests of the people of the State of Delaware and is vitally concerned that the United States Courts in Evans v. Buchanan do not issue orders which will be detrimental to the interests of the people of the State of Delaware and to the educational system of the State of Delaware; and

WHEREAS, a Special Legislative Committee has been formed pursuant to House Concurrent Resolution No. 51, of the 128th General Assembly and has been continued by Laws of Delaware, Volume 60, Chapter 487 for the purpose of, among other things, studying the function which the Legislature should assume in the desegregation case of Evans v. Buchanan; and

WHEREAS, the Special Legislative Committee is currently studying, and will continue to study, the advisability of the General Assembly moving for leave to file briefs and copies of pertinent legislation and to present oral argument as an amicus curiae in the litigation; and

WHEREAS, the Special Legislative Committee may determine that it is in the best interests of the people and of the State of Delaware in such proceedings for it to petition for leave to file briefs and documents and present oral argument as amicus curiae; and

WHEREAS, the Special Legislative Committee may reach this determination at a time when the 129th General Assembly is not in session and/or at a time during which, under the Federal Rules of Civil Procedure, or the Federal Rules of Appellate Procedure or the Rules of the Supreme Court of the United States any such formal proceedings to be timely must be instituted immediately.

NOW, THEREFORE:

BE IT RESOLVED by the members of the 129th General Assembly of the State of Delaware, the Governor concurring therein, that the Special Legislative Committee formed pursuant to House Concurrent Resolution No. 51, of the 128th General Assembly, and continued by Laws of Delaware, Volume 60, Chapter 487 for the purpose, among others, of studying the function which the General

Assembly should assume in the desegregation case of Evans v. Buchanan, may file a petition for leave to file briefs and documents and to present oral argument as an amicus curiae, in any and all proceedings in the case of Evans v. Buchanan, if the Committee deems such action to be in the best interests of the people and the State of Delaware. If the Committee determines that such petition should be made, the Committee's legal counsel is authorized and empowered to prepare all appropriate legal documents and pleadings, to file same with the appropriate Courts, to represent the Special Legislative Committee and to take all other and subsequent legal steps and to prepare and submit all other and subsequent legal papers, legal briefs and legal arguments and to make all oral arguments which are deemed by such counsel to be appropriate to implement and carry out the decision of the Committee for active participation in the said proceedings.

BE IT FURTHER RESOLVED that the Committee shall report on any such action taken by it and its legal counsel, such report to be made promptly to the General Assembly then in session and if no General Assembly is then in session such report shall be made to the next session thereof promptly upon the convening thereof; and in either case, the Committee shall also report to the Governor promptly upon any such action or actions taken by it and its legal counsel.

Approved October 15, 1977.