CHAPTER 91

FORMERLY

SENATE BILL NO. 80

AS AMENDED BY HOUSE AMENDMENT NO. 2

AN ACT TO AMEND CHAPTER 13, TITLE 10, DELAWARE CODE RELATING TO JUDGES OF THE COURT OF COMMON PLEAS.

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

Section 1. Amend Section 1302(d), Title 10, Delaware Code by striking it in its entirety and inserting in lieu thereof a new Section 1302(d) to read as follows:

"(d) The Judge appointed by the Governor as Chief Judge shall be the administrative head of the Court during the term of his or her appointment."

Section 2. Amend 1303(a), Title 10, Delaware Code by striking the last sentence thereof, and by adding two new sentences in its place as follows: "The Governor shall appoint one Judge of the Court as Chief Judge of the Court to hold office during the term of his appointment. Nothing in this section shall affect the ability of the current Chief Judge of the Court of Common Pleas to serve in that capacity for the duration of his current term of office."

Section 3. The Governor, by and with the consent of a majority of all the members elected to the Senate, shall appoint the Chief Judge of the Court of Common Pleas from among the Judges of the Court of Common Pleas sitting as of June 28, 1997 to serve as Chief Judge until the end of his or her existing term as a Judge of that Court. Such Chief Judge shall be removable during such term only on the same basis as a Judge nominated by the Governor and confirmed by the Senate to serve a full term as the head of a state court would be removable during his or her term. Future appointments pursuant to § 1302(d), Title 10, Delaware Code shall be for 12 years.

Approved June 30, 1997