TITLE 10

Courts and Judicial Procedure

Organization, Powers, Jurisdiction and Operation of Courts

CHAPTER 5. SUPERIOR COURT

Subchapter II. Officers and Employees


The prothonotary of each county shall be the clerk of the Superior Court in and for that county.

10 Del. C. 1953, § 521; 70 Del. Laws, c. 186, § 1.;

(a) The Superior Court may appoint and remove at pleasure such number of bailiffs, criers, and pages as shall be necessary for the proper operation of the Court. They shall receive such compensation as shall from time to time be determined by the Superior Court. They shall perform such duties and have such powers in connection with attendance upon the Court as the Court may from time to time prescribe and shall receive no other fees or compensation.

(b) From its staff of bailiffs, criers, and pages, the Court may appoint by court order peace officers, who shall have, during the stated terms of such appointment, unless sooner rescinded by court order, such powers normally incident to peace officers, including, but not limited to, the power to make arrests in a criminal case provided that the exercise of such powers shall be limited to any building or real property maintained or used as a courthouse or in support of judicial functions.

Code 1852, § 1916; 13 Del. Laws, c. 166, § 2; 22 Del. Laws, c. 290; 27 Del. Laws, c. 75; Code 1915, § 3692; 37 Del. Laws, c. 257, § 1; Code 1935, § 4244; 10 Del. C. 1953, § 522; 50 Del. Laws, c. 67, § 20; 53 Del. Laws, c. 241; 55 Del. Laws, c. 85, §§ 32D, E; 57 Del. Laws, c. 228, § 11-8; 58 Del. Laws, c. 475; 78 Del. Laws, c. 79, § 1.;

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

10 Del. C. 1953, § 523; 54 Del. Laws, c. 367; 57 Del. Laws, c. 228, § 11-9; 65 Del. Laws, c. 87, § 38; 78 Del. Laws, c. 51, § 3.;

(a) All fees, costs, allowances and other perquisites collected by any officer of the county or State for the use of the crier shall be paid by the officer collecting the same to the State Treasurer.

(b) All fees, costs, allowances and other perquisites, taxable as crier's fees, shall be charged and collected by the county or state officers and by such officers paid to the respective State Treasurer.

24 Del. Laws, c. 79, §§ 1, 2; 26 Del. Laws, c. 72, §§ 1, 2; Code 1915, § 3693; 31 Del. Laws, c. 63; 37 Del. Laws, c. 258; Code 1935, § 4245; 10 Del. C. 1953, § 526; 55 Del. Laws, c. 85, § 32F; 57 Del. Laws, c. 228, § 11-10.;

The Superior Court may from time to time appoint and remove at pleasure such number of skilled and competent stenographers to be designated as court reporters, as shall be necessary for the proper operation of the Court, together with such additional clerical assistants as may be required. The duties of the court reporters shall be to attend all sessions of the Superior Court in the several counties and such hearings before any Judge or Judges thereof, as may be required, to report all evidence, opinions and other matters as the Superior Court may require and to perform such other duties as the Superior Court may prescribe. The court reporters and assistants shall receive such compensation as the Court shall from time to time determine. Every court reporter before entering upon his or her duties shall take and subscribe the oath of office as required by the Delaware Constitution.

19 Del. Laws, c. 253, §§ 1, 2; 21 Del. Laws, c. 115, §§ 1, 2; 23 Del. Laws, c. 59; 27 Del. Laws, c. 72; Code 1915, § 3694; 29 Del. Laws, c. 243; 35 Del. Laws, c. 216; Code 1935, § 4246; 43 Del. Laws, c. 221; 10 Del. C. 1953, § 527; 50 Del. Laws, c. 67, § 12; 70 Del. Laws, c. 186, § 1.;

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

19 Del. Laws, c. 253, §§ 1, 2; 21 Del. Laws, c. 115, §§ 1, 2; 23 Del. Laws, c. 59; 27 Del. Laws, c. 72; Code 1915, § 3694; 29 Del. Laws, c. 243; 35 Del. Laws, c. 216; Code 1935, § 4246; 43 Del. Laws, c. 221; 10 Del. C. 1953, § 528; 50 Del. Laws, c. 67, § 12.;

If for any reason any of the court reporters or office secretaries shall be unable to perform his or her duties, the Superior Court may appoint a suitable and competent substitute to serve as a temporary court reporter or office secretary for such time and for such compensation as the Court shall determine. Substitute court reporters shall take the same oath of office as is required of a court reporter, and their acts shall have the same force and effect as if done by an official court reporter. Such oath shall not be recorded, but shall be filed with the prothonotary.

10 Del. C. 1953, § 529; 50 Del. Laws, c. 67, § 12; 70 Del. Laws, c. 186, § 1.;

The Superior Court may regulate the charges to be made by court reporters for the furnishing of transcriptions of evidence, opinions, records, arguments or hearings.

21 Del. Laws, c. 115, §§ 1, 2; 23 Del. Laws, c. 59; 27 Del. Laws, c. 72; Code 1915, § 3694; 29 Del. Laws, c. 243; 35 Del. Laws, c. 216; Code 1935, § 4246; 43 Del. Laws, c. 221; 10 Del. C. 1953, § 530; 50 Del. Laws, c. 67, § 12.;

The Superior 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 §§ 525, 526 and 527 of this title, the several dates of their appointments, and the monthly compensation to be paid to them.

10 Del. C. 1953, § 531; 50 Del. Laws, c. 67, § 13.;

Nothing contained in this subchapter shall affect the powers of the Supreme Court conferred by § 6331 of Title 29.

10 Del. C. 1953, § 532; 50 Del. Laws, c. 67, § 13.;