Delaware General Assembly

CHAPTER 52

FORMERLY

HOUSE BILL NO. 95

AN ACT TO AMEND CHAPTER 1 AND CHAPTER 92, TITLE 10, DELAWARE CODE, TO PROVIDE FOR A CHIEF MAGISTRATE TO ADMINISTER THE JUSTICE OF THE PEACE COURT SYSTEM THROUGHOUT THE STATE; TO ABOLISH THE OFFICE OF DEPUTY ADMINISTRATOR OF THE JUSTICE OF THE PEACE COURTS AND MAKING AN APPROPRIATION FOR THE POSITION OP CHIEF MAGISTRATE FOR THE REMAINDER OF THE FISCAL YEAR.

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

Section 1. Sections 126 and 127, Chapter 1, Title 10, Delaware Code, are hereby repealed.

Section 2. Amend Section 128, Chapter I, Title 10, Delaware Code, by striking subsection (f) in its entirety.

Section 3. Amend Section 9201, Chapter 92, Title 10, Delaware Code, by striking subparagraph (5) thereof in its entirety.

Section 4. Amend Section 9202, Subchapter 1, Chapter 92, Title 10, Delaware Code, by adding a new subsection (c) thereto to read as follows:

"(c) In addition to the number of Justices specified by Section 9203 of this Chapter, the Governor, by and with the consent of a majority of all the members elected to the Senate, shall appoint a Justice of the Peace who shall serve as Chief Magistrate and administrative head of the Justice of the Peace Court System throughout the State."

Section 5. Amend Section 9208, Chapter 92, Title 10, Delaware Code, by striking the words "by the Deputy Administrator" as the same appear in the first sentence of said section.

Section 6. Amend Section 9209 (a), Chapter 92, Title 10, Delaware Code, by striking said subsection in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:

"(a) The Chief Magistrate shall receive as annual compensation for his services the sum of $30,000. Each of the other Justices of the Peace shall receive as annual compensation for his services the sum of $13,000."

Section 7. Subchapter III, Chapter 92, Title 10, Delaware Code, is hereby repealed in its entirety.

Section 8. The sum of $14,889 is hereby appropriated to the Judicial Department, Justice of the Peace Courts to be used as follows:

Section 9. The aforesaid appropriation is a supplementary appropriation for the fiscal year ending June 30, 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. Any funds appropriated herein which remain unexpended on June 30, 1979 shall revert to the General Fund.

Approved June 1, 1979.