CHAPTER 377

FORMERLY

SENATE BILL NO. 605

AN ACT PROPOSING AN AMENDMENT TO ARTICLE IV, SECTION 3 OF THE CONSTITUTION OF THE STATE OF DELAWARE RELATING TO THE JUDICIARY.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein):

Section 1. Amend Section 3, Article IV of the Constitution of the State of Delaware by striking the first paragraph beginning with the words The Justice of the Supreme Court" and ending with the words "full term" and substituting in lieu thereof the following:

"Section 3. The Justices of the Supreme Court, the Chancellor and the Vice-Chancellor or Vice-Chancellors, and the President Judge and Associate Judges of the Superior Court shall be appointed by the Governor, by and with the consent of a majority of all the members elected to the Senate, for the term of twelve years each, and the persons so appointed shall enter upon the discharge of the duties of their respective offices upon taking the oath of office prescribed by this Constitution. The Governor shall submit his appointment within sixty (60) days after the occurrence of a vacancy howsoever caused. If a vacancy shall occur„ by expiration of term or otherwise, at a time when the Senate shall not be in session, the Governor shall within sixty (60) days after the happening of any such vacancy convene the Senate for the purpose of confirming his appointment to fill said vacancy and the transaction of such other executive business as may come before it. Such vacancy shall be filled as aforesaid for the full term. Notwithstanding a vacancy, whether occurring when the Senate Is or is not in session, an incumbent whose term has expired shall hold over in office until the incumbent, or a new appointee, is confirmed and takes the oath of office for the next term, but in no event shall an incumbent whose term has expired hold over in office for more than sixty (60) days after the expiration of the term. In all instances the term of a new or reappointed Justice of the Supreme Court, Chancellor or Vice-Chancellor, President Judge or Associate Judge of the Superior Court shall begin on the date that the oath of office is taken, thus qualifying the individual to serve, but the appointment shall be forfeit if such oath is not taken within thirty (30) days of confirmation.

Approved June 30, 1982.