TITLE 10

Courts and Judicial Procedure

Organization, Powers, Jurisdiction and Operation of Courts

CHAPTER 19. GENERAL PROVISIONS APPLICABLE TO COURTS AND JUDGES

Subchapter VII. Court Commissioners


As used in this subchapter, unless a different meaning is clearly indicated by the context:

(1) "Commissioner" means a judicial officer of a particular court authorized to perform the judicial powers and duties of the court in issuing warrants in criminal cases and the fixing and approving of bail.

(2) "Court" or "courts" means such court or courts as established by the General Assembly in accordance with article IV, § 1 (Judiciary) of the Constitution of this State.

(3) "Governing body" means the town council, city council, commissioners or other legislative body charged with governing the municipality, or Levy Court Commissioners, or other legislative body charged with governing the county.

10 Del. C. 1953, § 1976; 56 Del. Laws, c. 375; 66 Del. Laws, c. 185, § 10.;

(a) The Governor shall appoint a commissioner or commissioners, only when so requested by the governing body, for a term of 4 years with the consent of a majority of all of the members elected to the Senate. Upon second and subsequent appointments and confirmations, a commissioner shall hold office for a term of 6 years.

(b) Vacancies in office shall be filled for the unexpired term by the Governor with the consent of a majority of all of the members elected to the Senate.

(c) A commissioner must be a resident of the municipality or the county over which the court to which the commissioner is to be appointed has jurisdiction.

10 Del. C. 1953, § 1977; 56 Del. Laws, c. 375; 66 Del. Laws, c. 185, § 10; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 165, § 4.;

Provisions of this subchapter shall apply to all courts as established by the General Assembly in accordance with article IV, § 1 (Judiciary) of the Constitution of this State.

10 Del. C. 1953, § 1978; 56 Del. Laws, c. 375; 66 Del. Laws, c. 185, § 10.;

The commissioner or commissioners of the courts covered by the provisions of this subchapter shall have the power to issue warrants, or, upon the request of the prosecuting officer of a particular court or upon the request of the police, issue a summons for the arrest of persons for offenses alleged to have been committed against this State, or for any violation of an ordinance or legislative act of a municipality or county. In connection with the complaint made as to the commission of a criminal offense, the commissioner or commissioners are authorized to administer the oath of the person making the criminal complaint. All warrants shall bear the teste date of the chief judge or senior judge of the particular court involved in the issuance of the warrant.

A commissioner is further authorized to fix and approve bail, except for offenses in which the penalty may be death, in accordance with the laws of this State granting, fixing and approving bail bonds and recognizances.

10 Del. C. 1953, § 1976; 56 Del. Laws, c. 375; 66 Del. Laws, c. 185, § 10.;

The Chief Justice of the State shall approve and promulgate rules governing the activities of the court commissioners which shall be prepared and submitted by the chief judge or senior judge of the court to be affected by said rules.

10 Del. C. 1953, § 1977; 56 Del. Laws, c. 375; 66 Del. Laws, c. 185, § 10; 70 Del. Laws, c. 186, § 1.;

The governing body of the municipality or county in which the court has jurisdiction within the provisions of this subchapter, shall determine the amount of, and authorize the payment of, the annual salaries of the court commissioner or commissioners, as other salaries are paid by the governing body of a particular municipality or county.

10 Del. c. 1953, § 1978; 56 Del. Laws, c. 375; 66 Del. Laws, c. 185, § 10.;