CHAPTER 12

FORMERLY

HOUSE BILL NO. 49

AS AMENDED BY

HOUSE AMENDMENTS NOS. 1, 2 AND 3

AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO JUDICIAL COMPENSATION AND MAKING AN APPROPRIATION THEREFOR.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

WHEREAS, recent litigation has established the right of the State Judiciary to cost of living allowances; and

WHEREAS, such litigation has resulted in a situation in which the compensation of the members of the State Judiciary will be unequal among members of the same court; and

WHEREAS, the said litigation has created a situation in which members of the Judiciary will be entitled to increases in their compensation at a time when other State employees will not be entitled to such increases and

WHEREAS, the members of the General Assembly and the members of the State Judiciary desire to establish a fair system of compensation for the State Judiciary in which all members of the State Judiciary who are similarly situated shall be similarly compensated and shall be entitled to increases in compensation in the same manner in which other State employees are entitled to such increases in compensation.

NOW, THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §103, Title 10 of the Delaware Code, by striking said section in its entirety and inserting in lieu thereof a new §103 to read as follows:

"§103. Salaries of Justices

(a) Effective July 1, 1978, the Chief Justice shall receive annually the sum of $49,500.00 as compensation for his services.

(b) Effective July 1, 1978, the Associate Justices of the Supreme Court shall receive annually the sum of $49,000.00 as compensation for their services."

Section 2. Amend Section 304, Title 10 of the Delaware Code, by striking said section in its entirety and inserting in lieu thereof a new 5304 to read as follows:

"§304. Salaries of Chancellor and Vice-Chancellors

(a) Effective July 1 , 1978, the Chancellor shall receive annually as compensation for his services the sum of $48,500.00.

(b) Effective July 1, 1978, each Vice-Chancellor shall receive annually as compensation for his services the sum of $48,000.00."

Section 3. Amend §503, Title 10 of the Delaware Code, by striking said section in its entirety and inserting in lieu thereof a new §503 to read as follows:

"§503. Salaries of Superior Court Judges

(a) Effective July 1, 1978, the President Judge of the Superior Court shall receive annually as compensation for his services the sum of $48,500.00.

(b) Effective July 1, 1978, each Associate Judge shall receive annually as compensation for his services the sum of $48,000.00."

Section 4. Amend 5906, Title 10 of the Delaware Code, by striking subsection (f) thereof in its entirety and inserting in lieu thereof a new subsection (f) as follows:

"(f) Effective July 1, 1978, the Chief Judge of the Family Court shall receive annually as compensation for his services ;45,500.00, payable by the State, and each Associate Family Court Judge shall receive annually as compensation for his services ;45,000.00, payable by the State."

Section 5. Amend §1303, Title 10 of the Delaware Code, by striking subsection (b) thereof and inserting in lieu thereof a new subsection (b) to read as follows:

"(b) Effective July 1, 1978, each Judge of the Court of Common Pleas shall receive annually as compensation for his services the sum of ;45,000.00, payable monthly in equal amounts by the State Treasurer out of the General Fund of the State, and the Chief Judge shall receive an additional sum of ;500.00 per annum."

Section 6. Any member of the State Judiciary who had not assumed the duties of his office and was not a member of the State Judiciary until after July 1, 1978, upon the Supreme Court of the State of Delaware, the Court of Chancery of the State of Delaware, the Superior Court of the State of Delaware, the Court of Common Pleas of the State of Delaware, or the Family Court of the State of Delaware shall receive compensation at the rate stated in this Act for his position from the date upon which he assumed the duties of his office.

Section 7. Each member of the State Judiciary who was serving upon the Supreme Court of the State of Delaware, the Court of Chancery of the State of Delaware, the Superior Court of the State of Delaware, the Court of Common Pleas of the State of Delaware, or the Family Court of the State of Delaware, as of December 31, 1976 through July 1, 1978, shall be paid the sum of $5,300.00 in one payment for past judicial service in addition to salary adjustments provided in this Act. Each member of the State Judiciary who was serving on any of State Courts aforesaid as of December 31, 1976, but who retired or died prior to July 1, 1978, shall receive benefits pursuant to 29 Del. C. 56532, repealed by Volume 61, Laws of Delaware, Chapter ll6 (effective July 1, HIM, as of the date of his retirement or death upon presentment of a written claim to the Treasurer of the State of Delaware.

Section 8. Each member of the State Judiciary who elects to receive the benefits provided by this Act, by his act of so electing, waives, releases, and gives up any claim or right which he may have had, or now has, as a result of any prior act, law, or provision of the Delaware Code with respect to annual compensation, including COLA, to the date of this Act. Each present or former member of the State Judiciary, or his personal representative, shall notify the State Treasurer, in writing, of his election to receive the benefits provided by this Act not later than February 28,1979.

Section 9. The sum of ;399,405 Is hereby appropriated to the State Treasurer and shall be paid out the General Fund of the State of Delaware from Funds not otherwise appropriated for the purposes of this Act.

Section 10. This is a supplementary appropriation for fiscal year 1979, and the money appropriated shall be paid by the State Treasurer out of funds in the General Fund of the State of Delaware not otherwise appropriated. The funds herein appropriated remaining unexpended on June 30, 1979, shall revert to the General Fund of the State of Delaware.

Section ll. This Act shall become effective upon the signature of the Governor and the written election to accept all of the terms of this Act by the members of the judiciary. If the written acceptance of the terms of this Act by each of the members of the judiciary is not obtained on or before February 28, 1979, this Act, in its entirety, shall be automatically null and void and of no force or effect.

Approved February 22,1979.