CHAPTER 357

FORMERLY

SENATE BILL NO. 328

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT MAKING A SUPPLEMENTARY APPROPRIATION TO THE FAMILY COURT OF THE STATE OF DELAWARE FOR THE PURPOSE OF CORRECTING OMISSIONS IN CHAPTER 12, VOLUME 62, LAWS OF DELAWARE.

WHEREAS, the General Assembly of the State of Delaware enacted legislation to compromise the dispute over the entitlement of members of the judiciary to cost-of-living benefits; and

WHEREAS, the subject legislation attempted to treat all members of the judiciary equally and with fairness; and

WHEREAS, the compromise legislation required the approval of all currently serving members of the court system; and

WHEREAS, the spirit of compromise and fairmindedness expressed in Chapter 12, Volume 62, Laws of Delaware, resolved the compensation dispute; and

WHEREAS, Chapter 12, Volume 62, Laws of Delaware, provided a payment of $5,300.00 for past judicial services to all members of the judiciary serving on any of the State courts described in that legislation as of December 31, 1976; and

WHEREAS, the Honorable William Swain Lee, Family Court Judge, In Georgetown, Delaware, was appointed to the bench as of July 1, 1977; and

WHEREAS, there appears to be no reason to exclude Judge Lee from the aforesaid provision simply because he was appointed to the Family Court bench on July 1, 1977; and

WHEREAS, the legislation failed to include within its terms a payment to the estate of the late distinguished Family Court Judge, James M. Faulkner, and former Family Court Judge, Joseph P. Hurley; and

WHEREAS, prior to his demise, the Honorable James M. Faulkner would have been entitled to cost-of-living benefits in the approximate amount of $599.01; and prior to leaving the bench, the Honorable Joseph P. Hurley accrued an entitlement to the cost-of-living benefits in the amount of $661.39.

NOW, THEREFORE:

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

Section 1. The sum of Six Thousand Five Hundred Twenty Dollars and Forty Cents (56,520.40) is hereby appropriated to the Family Court of the State of Delaware for the purpose of paying the following named persons in the amounts herein shown:

1. 559.01

To the Estate of the late James M. Faulkner

2. 661.39

To Joseph P. Hurley

3. 300.00

To William Swain Lee

All funds herein appropriated shall be paid in one (1) full payment to the respective persons for past judicial services.

Section 2. This is a supplementary appropriation and the funds hereby appropriated shall be paid by the State Treasurer out of funds in the General Fund of the State of Delaware not otherwise appropriated.

Section 3. The funds herein appropriated remaining unexpended or unencumbered on June 30, 1981 shall revert to the General Fund of the State of Delaware.

Approved July 10, 1980.