TITLE 10

Courts and Judicial Procedure

Court Officers and Employees

CHAPTER 28. JUSTICE OF THE PEACE CONSTABLES


The Chief Magistrate of the Justice of the Peace Court system, or, if there is a vacancy in the office of Chief Magistrate, the Chief Justice of the Supreme Court, shall appoint such numbers of justice of the peace constables as shall be necessary to handle all process of the justices of the peace appointed pursuant to Chapter 92 of this title.

10 Del. C. 1953, § 2801; 55 Del. Laws, c. 21; 64 Del. Laws, c. 271, § 1; 65 Del. Laws, c. 411, § 1.;

(a) The justice of the peace constables appointed pursuant to this chapter shall handle the process of the justices of the peace appointed pursuant to Chapter 92 of this title.

(b) Notwithstanding any other law, no constables appointed by any authority in this State shall be authorized to execute orders, warrants and other process directed to the constable by a justice of the peace pursuant to Chapter 92 of this title, unless the constable has been appointed pursuant to this chapter.

(c) Notwithstanding any other law, a justice of the peace constable appointed pursuant to this chapter shall have the authority to undertake the following duties:

(1) Execute all lawful orders, warrants and other process directed to the constable by a justice of the peace;

(2) Execute all writs of possession issued pursuant to § 5715 of Title 25 directed to the constable by a justice of the peace;

(3) Execute on all civil judgments directed to the constable by a justice of the peace;

(4) Serve all civil summonses directed to the constable by a justice of the peace;

(5) Serve all subpoenas directed to the constable by a justice of the peace;

(6) Transport all detentioners or convicted offenders to any Department of Correction facility pursuant to a commitment order directed to the constable by a justice of the peace;

(7) Execute on all capiases directed to the constable by a justice of the peace and issued by a justice of the peace;

(8) Conduct Justice of the Peace Court judicial levies and sales directed to the constable by a justice of the peace;

(9) Maintain the security and order in any Justice of the Peace Court and arrest all persons who shall commit any breach of the peace or contempt in said Court; and

(10) Perform any other related law-enforcement function required to maintain the dignity, integrity and security of the Justice of the Peace Court system.

10 Del. C. 1953, § 2803; 55 Del. Laws, c. 21; 65 Del. Laws, c. 411, § 1; 70 Del. Laws, c. 232, § 1; 70 Del. Laws, c. 186, § 1.;

(a)(1) Justice of the peace constables appointed pursuant to this chapter shall be subject to all the rules and regulations as delineated in Chapter 59 of Title 29 dealing with merit system administration and shall be compensated in accordance with the State's uniform pay plan.

(2) All moneys collected by justice of the peace constables for fines, costs, fees or forfeitures shall be for the use of the State, except where otherwise directed by law.

(b) In addition to a salary, each justice of the peace constable shall be entitled to receive mileage at the rate of 25 cents per mile for each mile necessarily travelled in the necessary discharge of duties as constable. Each justice of the peace constable, on the last day of each month, shall present to the State Treasurer an itemized and verified account of all mileage fees incurred as aforesaid, and the State Treasurer shall pay the amount thereof to the constable. The total charge for mileage thus compiled in each case shall be charged as costs in the case and when collected shall be paid to the State Treasurer.

10 Del. C. 1953, § 2804; 55 Del. Laws, c. 21; 55 Del. Laws, c. 285; 56 Del. Laws, c. 176; 57 Del. Laws, c. 577; 59 Del. Laws, c. 329, § 1; 64 Del. Laws, c. 334, § 63(b); 65 Del. Laws, c. 411, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 132, § 38(b).;

In the counties of this State there shall be at least the following number of justice of the peace constables:

New Castle  16

Kent  5

Sussex  7

10 Del. C. 1953, § 2805; 55 Del. Laws, c. 21; 65 Del. Laws, c. 411, § 1.;

Every justice of the peace constable appointed pursuant to this chapter shall reside within the State. If the constable removes from the State, the office shall thereupon become vacant.

10 Del. C. 1953, § 2807; 55 Del. Laws, c. 21; 65 Del. Laws, c. 411, § 1; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 161, § 1.;

Every justice of the peace constable appointed pursuant to this chapter shall receive annual firearms training and training in the use of deadly force. Any justice of the peace constable not so trained is prohibited from carrying a firearm while on duty. In addition, justice of the peace constables shall receive annually such other training as is deemed appropriate by the Chief Magistrate. In all cases, however, a justice of the peace constable must meet the minimum standards established by the Council on Police Training for part-time police officers or the equivalent thereof approved by the Board.

65 Del. Laws, c. 411, § 1.;

A justice of the peace constable appointed pursuant to this chapter shall not receive any other fees or emoluments for discharging judicial duties, except as may otherwise be provided by law, or engage in any occupation concerned with or growing out of the collection of any judgment rendered by a justice, or engage in the private security business or hold any state office, or be employed by the State in any other capacity.

65 Del. Laws, c. 411, § 1; 70 Del. Laws, c. 186, § 1.;

The jurisdiction of the justice of the peace constables appointed pursuant to this chapter shall extend throughout the State.

10 Del. C. 1953, § 2808; 55 Del. Laws, c. 21; 65 Del. Laws, c. 411, § 1.;