TITLE 10

Courts and Judicial Procedure

Organization, Powers, Jurisdiction and Operation of Courts

CHAPTER 1. Supreme Court

Subchapter II. Officers and Employees

§ 121. Clerk of Supreme Court; bond; duties generally.

(a) Every Clerk of the Supreme Court duly appointed, shall, after being appointed and before entering upon the duties of the office, become bound to the State with sufficient surety by a joint and several obligation in the penal sum of $3,000 the condition of which shall be as follows:

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“That if the above named ________________ who has been duly appointed to be Clerk of the Supreme Court shall and do well and diligently execute the duties of the office of Clerk of the Supreme Court as aforesaid and duly and faithfully fulfill and perform all the trusts and duties to the said office appertaining, and truly and without delay deliver to his or her successor in office, the seal and all the books, records and papers belonging to such office, safe and undefaced, then this obligation shall be void and of no effect or else shall remain in full force and virtue.”

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(b) The sufficiency of the surety and the form of the bond shall be subject to the approval of a Justice of the Court.

(c) The Clerk shall be custodian of the seal, the books, the records and the papers of the Court, and shall perform such duties as the Court may direct.

Code 1852, §§  441-443;  14 Del. Laws, c. 4216 Del. Laws, c. 2423 Del. Laws, c. 60, §  3;  Code 1915, §  379;  30 Del. Laws, c. 43;  Code 1935, §  348;  10 Del. C. 1953, §  121;  50 Del. Laws, c. 67, §  370 Del. Laws, c. 186, §  1

§ 122. Cancellation of Clerk’s bond.

The bond of the Clerk of the Supreme Court provided for in § 121 of this title shall be canceled 3 years after the expiration of the Clerk’s term of office and shall, after such time cease to be a lien on any property of any kind of the Clerk or the Clerk’s bondspersons.

Code 1915, §  379A;  28 Del. Laws, c. 34;  Code 1935, §  349;  46 Del. Laws, c. 56, §  1;  10 Del. C. 1953, §  122;  70 Del. Laws, c. 186, §  1

§ 123. Court reporter; stenographic and clerical assistants.

The Supreme Court may from time to time employ a court reporter and such additional stenographic and clerical assistants as may be necessary for the proper operation of the Court. Any such persons shall receive for their services such amounts as the Supreme Court shall from time to time determine.

Code 1935, §  4272;  48 Del. Laws, c. 258, §  1;  10 Del. C. 1953, §  123;  50 Del. Laws, c. 67, §  4

§ 124. Office secretaries.

Each Justice of the Supreme Court may appoint and remove at pleasure 1 competent stenographer, to be designated as office secretary, whose duties shall be to render the Justice such clerical, stenographic, typewriting and secretarial services as may be required, and who shall receive such compensation as the Justices shall from time to time determine.

Code 1935, §  4272A;  48 Del. Laws, c. 258, §  1;  10 Del. C. 1953, §  124;  50 Del. Laws, c. 67, §  4

§ 125. Certification of appointments.

The Supreme Court shall certify to the State Auditor and the State Treasurer the names and addresses of the several persons appointed to the offices and positions authorized by this subchapter, the several dates of their appointments, and the monthly compensation to be paid to them.

10 Del. C. 1953, §  125;  50 Del. Laws, c. 67, §  5

§§ 126, 127. Deputy Administrator for Justices of the Peace; powers of the Deputy Administrator [Repealed].

Repealed by 62 Del. Laws, c. 52, § 1, effective June 1, 1979.


§ 128. Administrative Office of the Courts.

(a) The Administrative Office of the Courts is hereby created with a State Court Administrator as head thereof.

(b) The State Court Administrator shall be appointed by and serve at the pleasure of the Chief Justice of the Supreme Court of the State. In the event the Chief Justice appoints as State Court Administrator an attorney-at-law admitted to practice before the Delaware Supreme Court, such State Court Administrator shall not practice law while serving as State Court Administrator.

(c) The salary of the State Court Administrator shall be determined by the Chief Justice, but in no event shall be greater than the salary of a Judge of the Superior Court.

(d) The function of the office shall be to assist the Chief Justice in carrying out his or her constitutional responsibilities as administrative head of all the courts in the State, and the duties of the office shall be as prescribed by the Chief Justice or by rule of the Supreme Court of the State.

(e) The State Court Administrator may, with the approval of the Chief Justice, appoint such deputies, administrative assistants, and clerical personnel as are required.

(f) The State Court Administrator shall have oversight of the Judicial Information Center, the Office of State Court Collections Enforcement, and the law libraries.

10 Del. C. 1953, §  128;  58 Del. Laws, c. 7062 Del. Laws, c. 52, §  270 Del. Laws, c. 186, §  172 Del. Laws, c. 190, §  276 Del. Laws, c. 213, §  1883 Del. Laws, c. 482, § 1

§ 129. Law clerks.

Law clerks hold major, nontenured advisory positions for the Justices of the Court. The Supreme Court may appoint and remove at pleasure such judicial law clerks as shall be necessary for the proper operation of the Court.

78 Del. Laws, c. 51, §  1