CHAPTER 96

FORMERLY

SENATE BILL NO. 109

AN ACT CONCURRING IN A PROPOSED AMENDMENT TO ARTICLES III AND IV OF THE DELAWARE CONSTITUTION TO PROVIDE FOR THE APPOINTMENT BY THE SUPERIOR COURT OF A PROTHONOTARY IN EACH COUNTY.

WHEREAS, an amendment to the Constitution of the State of Delaware was proposed in the 134th General Assembly, being Chapter 342, Volume 66, Laws of Delaware, as follows:

"AN ACT PROPOSING AN AMENDMENT TO ARTICLES III AND IV OF THE DELAWARE CONSTITUTION TO PROVIDE FOR THE APPOINTMENT BY THE SUPERIOR COURT OF A PROTHONOTARY IN EACH COUNTY.

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 Article III, Section 22 of the Delaware Constitution by deleting the

word "Prothonotaries," as the same shall appear therein.

Section 2. Amend Article IV, Section 26 of the Delaware Constitution by adding the

following sentence as the first sentence of said Section 26:

The Superior Court shall appoint a Prothonotary in each county to hold office at the pleasure of the said Court.'

Section 3. Any person elected and commissioned as a Prothonotary as of the effective date of this bill shall continue to hold the respective office for the full term for which said person was elected; provided, however, that a vacancy in said office prior to the expiration of the full term by reason of ineligibility, death, resignation, or otherwise shall be filled by appointment of the Superior Court."

WHEREAS, the said proposed amendment was adopted by two-thirds of all members elected to each House of the 134th General Assembly.

NOW, THEREFORE:

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. The said proposed amendment is hereby concurred in and adopted, and shall forthwith become a part of the Constitution of the State of Delaware.

Effective June 30, 1989.