CHAPTER 100

FORMERLY

HOUSE BILL NO. 10

AN ACT CONCURRING IN A PROPOSED AMENDMENT OF ARTICLE IV OF THE CONSTITUTION OF THE STATE OF DELAWARE BY THE ADDITION OF A NEW SECTION 39 CREATING THE JUDICIAL OFFICE OF SENIOR JUDGE.

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

WHEREAS, an amendment to the Constitution of the State of Delaware was proposed in the 140th General Assembly, being Chapter 435, Volume 72, Laws of Delaware, as follows:

"AN ACT PROPOSING THE AMENDMENT OF ARTICLE IV OF THE CONSTITUTION OF THE STATE OF DELAWARE BY THE ADDITION OF A NEW SECTION 39 CREATING THE JUDICIAL OFFICE OF SENIOR JUDGE.

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 IV of the Constitution of the State of Delaware by adding a new Section 39 thereto as follows:

§ 39. Senior Judges.

Section 39. The office of Senior Judge is hereby created. Any retired judge of a court established by this amended Article IV of this Constitution or by act of the General Assembly, who is duly qualified and appointed, may serve as a Senior Judge. The qualifications, manner of appointment, term of office, compensation, duties, and all other matters relating to the office of the Senior Judge shall be as specified by statute.

Senior Judges are subject to the Code of Judicial Conduct and are subject to censure, removal or retirement by the Court on the Judiciary in accordance with Section 37 of this Article IV.

Senior Judges shall not be counted for purposes of determining the political representation on any court or on any combination of courts under Section 3 of this Article IV."

WHEREAS, the said proposed amendment was adopted by two-thirds of all members elected to each house of the 140th General Assembly:

NOW THEREFORE:

BE IT ENACTED by the 141st 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.

Approved July 06, 2001