CHAPTER 451

STATE OF DELAWARE

EXECUTIVE DEPARTMENT

DOVER

EXECUTIVE ORDER NUMBER SEVENTY-TWO

TO: HEADS OF STATE DEPARTMENTS AND AGENCIES

RE: AMENDMENT OF EXECUTIVE ORDER NUMBER FOUR, AS AMENDED BY EXECUTIVE ORDER NUMBER FORTY-SIX - JUDICIAL NOMINATING COMMISSION

WHEREAS, Executive Order Number Four, as amended by Executive Order Number Forty Six, established the Judicial Nominating Commission; and

WHEREAS, the Judicial Nominating Commission is charged with aiding the Governor in the exercise of his authority to appoint judges of the various courts of the State by submitting to him the names of persons qualified to serve as judges; and

WHEREAS, House Bill 95 of the 130th General Assembly amended Section 9202 of Title 10, Delaware Code, (Vol. 62, Ch. 52, Laws of Delaware)*to provide for a Chief Magistrate to serve as administrative head of the Justice of the Peace court system throughout the State; and

WHEREAS, Section 9202 of Title 10, Delaware Code provides that the Governor is to appoint the Chief Magistrate, with the advice and consent of a majority of all senators elected to the Senate; and

WHEREAS, in order to assure that the individual chosen to serve as Chief Magistrate is highly qualified, it is desirable that the Judicial Nominating Commission assist the Governor by making recommendations of qualified individuals; and

WHEREAS, it is appropriate to amend Executive Orders Four and Forty-six so to provide.

NOW, THEREFORE, I, PIERRE S. du PONT, IV, by virtue of the authority vested in me as Governor of the State of Delaware, do hereby declare and order that Executive Order Number Four, dated February 24, 1977, as amended by Executive Order Number Forty-six, shall be and the same is hereby further amended as follows:

1. Amend the first paragraph of the Preamble by inserting immediately after the clause "judges of the Municipal Court of Wilmington" the phrase "and the Chief Magistrate of the Justice of the Peace Courts of the State".

2. Amend Section 1 by striking the "and" which- appears before the phrase "the Municipal Court of the City of Wilmington" and adding immediately after such phrase the language ", and the Chief Magistrate of the Justice of the Peace Courts".

Executive Order Number Four as amended by Executive Order Number Forty-six and this Executive Order shall continue in effect until amended, superseded or terminated by subsequent Executive Order.

Approved this 6th day of August, 1979.

(GREAT SEAL) PIERRE S. DU PONT, IV

Governor

Attest:

GLENN C. KENTON Secretary of State