Section 1. The judicial power of this State shall be vested in a Supreme Court, a Superior Court, a Court of Chancery, a Family Court, a Court of Common Pleas, a Register's Court, Justices of the Peace, and such other courts as the General Assembly, with the concurrence of two-thirds of all the Members elected to each House, shall have by law established prior to the time this amended Article IV of this Constitution becomes effective or shall from time to time by law establish after such time.
47 Del. Laws, c. 261 and 48 Del. Laws, c. 109; 74 Del. Laws, c. 299 and 75 Del. Laws, c. 53;§ 2. Justices of Supreme Court and other State Judges; qualifications; residence; precedence.
Section 2. There shall be five Justices of the Supreme Court who shall be citizens of the State and learned in the law. One of them shall be the Chief Justice who shall be designated as such by his or her appointment and who when present shall preside at all sittings of the Court. In the absence of the Chief Justice the Justice present who is senior in length of service shall preside. If it is otherwise impossible to determine seniority among the Justices, they shall determine it by lot and certify accordingly to the Governor.
In addition to members of the Supreme Court there shall be other State Judges, who shall be citizens of the State and learned in the law. They shall include: (1) the Chancellor and the Vice-Chancellors; (2) The President Judge and the Judges of the Superior Court, three of whom shall be Resident Associate Judges and one of whom shall after appointment reside in each county of the State; (3) the Chief Judge and the Judges of the Family Court; (4) the Chief Judge and Judges of the Court of Common Pleas, one of whom after appointment shall reside in each county of the State; and (5) the Chief Magistrate of the Justice of the Peace Court.
There shall also be such number of additional Vice-Chancellors and Judges as may hereinafter be provided for by Act of the General Assembly. Each of such Vice-Chancellors and Judges shall be citizens of the State and learned in the law.
If it is otherwise impossible to determine seniority of service among the Vice-Chancellors or among the said Judges, they shall determine it by lot respectively and certify accordingly to the Governor.
The tenure and status of the Justices of the Supreme Court and State Judges as shall have been appointed as provided for by the Constitution or by Act of the General Assembly prior to the time this amended Article IV of this Constitution becomes effective shall in no wise be affected.
46 Del. Laws, c. 324 and 47 Del. Laws, c. 177; 47 Del. Laws, c. 261 and 48 Del. Laws, c. 109; 52 Del. Laws, c. 195 and 53 Del. Laws, c. 301; 60 Del. Laws, c. 540 and 61 Del. Laws, c. 533; 71 Del. Laws, c. 379 and 72 Del. Laws, c. 136; 74 Del. Laws, c. 299 and 75 Del. Laws, c. 53; 75 Del. Laws, c. 137 and 76 Del. Laws, c. 11; 76 Del. Laws, c. 416 and 77 Del. Laws, c. 433;§ 3. Appointment of judges; terms of office; vacancies; political representation; confirmation of appointment.
Section 3. The Chief Justice and Justices of the Supreme Court, the Chancellor and Vice-Chancellors of the Court of Chancery, the President Judge and Judges of the Superior Court, the Chief Judge and Judges of the Family Court, the Chief Judge and Judges of the Court of Common Pleas, and the Chief Magistrate of the Justice of the Peace Court shall be appointed by the Governor, by and with the consent of a majority of all the members elected to the Senate, for a term of 12 years each, and the persons so appointed shall enter upon the discharge of the duties of their respective offices upon taking the oath of office prescribed by this Constitution. The Governor shall submit his or her appointment within a period from 30 days before to 90 days after the occurrence of a vacancy howsoever caused. If a vacancy shall occur, by expiration of term or otherwise, at a time when the Senate shall not be in session, the Governor shall within a period from 30 days before to 90 days after the happening of any such vacancy convene the Senate for the purpose of confirming his or her appointment to fill said vacancy and the transaction of such other executive business as may come before it. Such vacancy shall be filled as aforesaid for the full term. Notwithstanding a vacancy, whether occurring when the Senate is or is not in session, an incumbent whose term has expired may hold over in office until the incumbent, or a new appointee, is confirmed and takes the oath of office for the next term, but in no event shall an incumbent whose term has expired hold over in office for more than 90 days after the expiration of the term. In all instances, the term of a new or reappointed Chief Justice or Justice of the Supreme Court, Chancellor or Vice-Chancellor of the Court of Chancery, President Judge or Judge of the Superior Court, the Chief Judge and Judges of the Family Court, the Chief Judge and Judges of the Court of Common Pleas, or Chief Magistrate of the Justice of the Peace Court shall begin after the occurrence of the vacancy and on the date the oath of office is taken, thus qualifying the individual to serve, but the appointment shall be forfeited if such oath is not taken within 30 days of confirmation.
Appointments to the office of the State Judiciary shall at all times be subject to all of the following limitations:
First, three of the five Justices of the Supreme Court in office at the same time, shall be of one major political party, and two of said Justices shall be of the other major political party.
Second, at any time when the total number of Judges of the Superior Court shall be an even number not more than one-half of the members of all such offices shall be of the same political party; and at any time when the number of such offices shall be an odd number, then not more than a bare majority of the members of all such offices shall be of the same major political party, the remaining members of such offices shall be of the other major political party.
Third, at any time when the total number of the offices of the Justices of the Supreme Court, the Judges of the Superior Court, the Chancellor and all the Vice-Chancellors shall be an even number, not more than one-half of the members of all such offices shall be of the same major political party; and at any time when the total number of such offices shall be an odd number, then not more than a bare majority of the members of all such offices shall be of the same major political party; the remaining members of the Courts above enumerated shall be of the other major political party.
Fourth, at any time when the total number of Judges of the Family Court shall be an even number, not more than one-half of the Judges shall be of the same political party; and at any time when the total number of Judges shall be an odd number, then not more than a majority of one Judge shall be of the same political party.
Fifth, at any time when the total number of Judges of the Court of Common Pleas shall be an even number, not more than one-half of the Judges shall be of the same political party; and at any time when the total number of Judges shall be an odd number, then not more than a majority of one Judge shall be of the same political party.
Sixth, before sending the name of any person to the Senate for confirmation as the appointment of the Governor to a vacancy in any Judicial Office as aforesaid, the Governor shall, not less than ten (10) days before sending the name of such person to the Senate for confirmation, address a public letter to the President of the Senate informing him or her that he or she intends to submit to the Senate for confirmation as an appointment to such vacancy the name of the person he or she intends to appoint.
46 Del. Laws, c. 324 and 47 Del. Laws, c. 177; 47 Del. Laws, c. 261 and 48 Del. Laws, c. 109; 50 Del. Laws, c. 64 and 51 Del. Laws, c. 97; 52 Del. Laws, c. 192 and 53 Del. Laws, c. 302; 60 Del. Laws, c. 540 and 61 Del. Laws, c. 533; 63 Del. Laws, c. 377 and 64 Del. Laws, c. 179; 71 Del. Laws, c. 379 and 72 Del. Laws, c. 136; 74 Del. Laws, c. 299 and 75 Del. Laws, c. 53; 75 Del. Laws, c. 137 and 76 Del. Laws, c. 11; 76 Del. Laws, c. 416 and 77 Del. Laws, c. 433; 80 Del. Laws, c. 345 and 81 Del. Laws, c. 10;§ 4. Compensation of judges; method of payment; receipt of other fees or holding other office.
Section 4. The Justices of the Supreme Court, the Chancellor and the Vice-Chancellor or Vice-Chancellors, the President Judge and Judges of the Superior Court, the Chief Judge and Judges of the Family Court, the Chief Judge and Judges of the Court of Common Pleas and the Chief Magistrate of the Justice of the Peace Court shall respectively receive from the State for their services compensations which shall be fixed by law and paid monthly and they shall not receive any fees or perquisites in addition to their salaries for business done by them except as provided by law. They shall hold no other office of profit.
46 Del. Laws, c. 324 and 47 Del. Laws, c. 177; 47 Del. Laws, c. 261 and 48 Del. Laws, c. 109; 74 Del. Laws, c. 299 and 75 Del. Laws, c. 53; 75 Del. Laws, c. 137 and 76 Del. Laws, c. 11; 76 Del. Laws, c. 416 and 77 Del. Laws, c. 433;§ 5. Composition of Superior Court; presiding judge; quorum.
Section 5. The President Judge of the Superior Court and the Judges thereof shall compose the Superior Court, as hereinafter prescribed. In each of the said courts the President Judge when present shall preside, and in his or her absence the senior Judge present shall preside.
One Judge shall constitute a quorum of the said courts, respectively, except in the Superior Court sitting to try cases of prosecution under Section 8 of Article V of this Constitution, when two Judges shall constitute a quorum. One Judge may open and adjourn any of said courts.
26 Del. Laws, c. 3 and 27 Del. Laws, c. 3; 47 Del. Laws, c. 261 and 48 Del. Laws, c. 109; 50 Del. Laws, c. 608 and 51 Del. Laws, c. 20; 52 Del. Laws, c. 194 and 53 Del. Laws, c. 300; 71 Del. Laws, c. 379 and 72 Del. Laws, c. 136; 74 Del. Laws, c. 299 and 75 Del. Laws, c. 53; 75 Del. Laws, c. 137 and 76 Del. Laws, c. 11;§ 6. Sessions of Superior Court.
Section 6. Subject to the provisions of Section 5 of this Article two or more sessions of the Superior Court may at the same time be held in the same County or in different Counties.
26 Del. Laws, c. 3 and 27 Del. Laws, c. 3; 47 Del. Laws, c. 261 and 48 Del. Laws, c. 109; 50 Del. Laws, c. 608 and 51 Del. Laws, c. 20; 74 Del. Laws, c. 299 and 75 Del. Laws, c. 53;§ 7. Jurisdiction of Superior Court.
Section 7. The Superior Court shall have jurisdiction of all causes of a civil nature, real, personal and mixed, at common law and all the other jurisdiction and powers vested by the laws of this State in the formerly existing Superior Court; and also shall have all the jurisdiction and powers vested by the laws of this State in the formerly existing Court of General Sessions of the Peace and Jail Delivery; and also shall have all the jurisdiction and powers vested by the laws of this State in the formerly existing Court of General Sessions; and also shall have all the jurisdiction and powers vested by the laws of this State in the formerly existing Court of Oyer and Terminer.
47 Del. Laws, c. 261 and 48 Del. Laws, c. 109;§ 7A. Jurisdiction of Family Court.
Section 7A. The Family court shall have all the jurisdiction and powers vested by the laws of this State in the Family Court.
74 Del. Laws, c. 299 and 75 Del. Laws, c. 53;§ 7B. Jurisdiction of Court of Common Pleas.
Section 7B. The Court of Common Pleas shall have all the jurisdiction and powers vested by the laws of this State in the Court of Common Pleas.
74 Del. Laws, c. 299 and 75 Del. Laws, c. 53;§ 8. Definitions of particular terms.
Section 8. The phrase "Supreme Court" as used in Section 4 of Article V of this Constitution and the phrases "Superior Court," "Court of General Sessions of the Peace and Jail Delivery," "Court of Oyer and Terminer" and "Court of General Sessions" wherever found in the law of this State, elsewhere than in this amended Article IV of this Constitution, shall be read as and taken to mean, and hereafter printed as, the Superior Court provided for in this amended Article IV of this Constitution; and the phrase "Chief Justice" wherever found in the law of this State existing at the time this amended Article IV of this Constitution becomes effective, elsewhere than in this amended Article IV of this Constitution, shall be read as and taken to mean, and hereafter printed as President Judge of the Superior Court, as provided for in this amended Article IV of this Constitution.
47 Del. Laws, c. 261 and 48 Del. Laws, c. 109; 74 Del. Laws, c. 299 and 75 Del. Laws, c. 53;§ 9. Jurisdiction of Orphans' Court.
Repealed 75 Del. Laws, c. § 53
47 Del. Laws, c. 261 and 48 Del. Laws, c. 109; 74 Del. Laws, c. 299 and 75 Del. Laws, c. 53;§ 10. Composition and jurisdiction of Court of Chancery; initiation and decisions in causes and proceedings.
Section 10. The Chancellor and the Vice-Chancellor or Vice-Chancellors shall hold the Court of Chancery. One of them, respectively, shall sit alone in that court. This court shall have all the jurisdiction and powers vested by the laws of this State in the Court of Chancery. In any cause or matter in the Court of Chancery that is initiated by an application to a Judge of that Court, the application may be made directly to the Chancellor or a Vice-Chancellor. Causes or proceedings in the Court of Chancery shall be decided, and orders or decrees therein shall be made by the Chancellor or Vice-Chancellor who hears them, respectively.
46 Del. Laws, c. 324 and 47 Del. Laws, c. 177; 47 Del. Laws, c. 261 and 48 Del. Laws, c. 109; 50 Del. Laws, c. 608 and 51 Del. Laws, c. 20;§ 11. Jurisdiction of Supreme Court.
Section 11. The Supreme Court shall have jurisdiction as follows:
(1)(a) To receive appeals from the Superior Court in civil causes and to determine finally all matters of appeal in the interlocutory or final judgments and other proceedings of said Superior Court in civil causes: Provided that on appeal from a verdict of a jury, the findings of the jury, if supported by evidence, shall be conclusive.
(1)(b) To receive appeals from the Superior Court in criminal causes, upon application of the accused in all cases in which the sentence shall be death, imprisonment exceeding one month, or fine exceeding One Hundred Dollars, and in such other cases as shall be provided by law; and to determine finally all matters of appeal on the judgments and proceedings of said Superior Court in criminal causes: Provided, however, that appeals from the Superior Court in cases of prosecution under Section 8 of Article V of this Constitution shall be governed by the provisions of that Section.
(1)(c) Notwithstanding any provisions of this Section to the contrary, to receive appeals from the Superior Court in criminal causes, upon application by the State in all causes in which the Superior Court, or any inferior court an appeal from which lies to the Superior Court, has granted an accused any of the following: a new trial or judgment of acquittal after a verdict, modification of a verdict, arrest of judgment, relief in any post-conviction proceeding or in any action collaterally attacking a criminal judgment, or a new punishment hearing in a capital case after the court has imposed a sentence of death, or any order or judgment declaring any act of the General Assembly, or any portion of any such act, to be unconstitutional under either the Constitution of the United States or the State of Delaware, inoperative or unenforceable, except that no appeal shall lie where otherwise prohibited by the double jeopardy clause of the Constitution of the United States or of this State. Notwithstanding anything in this Article to the contrary, the General Assembly may by statute implement the jurisdiction herein conferred.
(2) Wherever in this Constitution reference is made to a writ of error or a proceeding in error to the Superior Court, such reference shall be construed as referring to the appeal provided for in Section (1)(a) and Section (1)(b) of this Article.
(3) To receive appeals from the Superior Court in cases of prosecution under Section 8 of Article V of this Constitution and to determine finally all matters of appeal in such cases.
(4) To receive appeals from the Court of Chancery and to determine finally all matters of appeal in the interlocutory or final decrees and other proceedings in chancery.
(5) To issue writs of prohibition, quo warranto, certiorari and mandamus to the Superior Court, and the Court of Chancery; or any of the Judges of the said courts and also to any inferior court or courts established or to be established by law and to any of the Judges thereof and to issue all orders, rules and processes proper to give effect to the same. The General Assembly shall have power to provide by law in what manner the jurisdiction and power hereby conferred may be exercised in vacation and whether by one or more Justices of the Supreme Court.
(6) To issue such temporary writs or orders in causes pending on appeal, or on writ of error, as may be necessary to protect the rights of parties and any Justice of the Supreme Court may exercise this power when the court is not in session.
(7) To exercise such other jurisdiction by way of appeal, writ of error or of certiorari as the General Assembly may from time to time confer upon it.
(8) To hear and determine questions of law certified to it by other Delaware courts, the Supreme Court of the United States, a Court of Appeals of the United States, a United States District Court, a United States Bankruptcy Court, the United States Securities and Exchange Commission, the highest appellate court of any other state, the highest appellate court of any foreign country, or any foreign governmental agency regulating the public issuance or trading of securities, where it appears to the Supreme Court that there are important and urgent reasons for an immediate determination of such questions by it. The Supreme Court may, by rules, define generally the conditions under which questions may be certified to it and prescribe methods of certification.
47 Del. Laws, c. 261 and 48 Del. Laws, c. 109; 51 Del. Laws, c. 79 and 52 Del. Laws, c. 240; 63 Del. Laws, c. 325 and 64 Del. Laws, c. 180; 68 Del. Laws, c. 375 and 69 Del. Laws, c. 2; 70 Del. Laws, c. 396 and 71 Del. Laws, c. 33; 74 Del. Laws, c. 299 and 75 Del. Laws, c. 53; 75 Del. Laws, c. 384 and 76 Del. Laws, c. 37; 78 Del. Laws, c. 316 and 79 Del. Laws, c. 97; 79 Del. Laws, c. 270 and 80 Del. Laws, c. 29;§ 12. Composition of Supreme Court; designation of temporary Justices; quorum; opening and adjourning court.
Section 12. A quorum of the Supreme Court shall consist of not less than three Justices. The entire Court shall sit in any criminal case in which the accused has been sentenced to death and in such other civil and criminal cases as the Court, by rule, or the General Assembly, upon the concurrence of two-thirds of all the members elected to each house, shall determine. In case of a lack of quorum by reason of vacancies in their number, incapacity, or disqualification to sit by reason of interest, or to constitute a three-member panel of the Court, the Chief Justice of the Supreme Court, or in case of his or her absence from the State, disqualification, incapacity, or if there be a vacancy in that office, the next qualified and available Justice, who by seniority is next in rank to the Chief Justice, shall have the power to designate judges from among the judges of the constitutional courts to sit in the Supreme Court temporarily to satisfy the number of Justices required by law. It shall be the duty of the judges of the constitutional courts so designated to sit accordingly. No judge shall be so designated to sit in the Supreme Court in any cause in which he or she sat below. Any one of the Justices of the Supreme Court may open and adjourn court.
46 Del. Laws, c. 324 and 47 Del. Laws, c. 177; 47 Del. Laws, c. 261 and 48 Del. Laws, c. 109; 60 Del. Laws, c. 540 and 61 Del. Laws, c. 533; 68 Del. Laws, c. 265 and 69 Del. Laws, c. 175; 71 Del. Laws, c. 379 and 72 Del. Laws, c. 136;§ 13. Administrative head of courts; supervisory powers; designation of judges to sit in Court of Chancery, or the Superior Court.
Section 13. The Chief Justice of the Supreme Court, or in case of his or her absence from the State, disqualification, incapacity, or if there be a vacancy in that office, the next qualified and available Justice who by seniority is next in rank to the Chief Justice shall be administrative head of all the courts in the State, and shall have general administrative and supervisory powers over all the courts. Such powers shall include but shall not be limited to the following:
(1) Upon the approval of a majority of the Justices of the Supreme Court to adopt rules for the administration of justice and the conduct of the business of any or all the courts in this State: Provided, however, that any other of the courts in this State may from time to time, subject to the exercise of the power in this paragraph (1) conferred upon the Justices of the Supreme Court, adopt rules of pleading practice and procedure applicable to such Court.
(2) Upon written request made by the Chancellor, President Judge of the Superior Court, the Chief Judge of the Family Court, or the Chief Judge of the Court of Common Pleas, or in the event of an absence or incapacity, by the next qualified and available Vice-Chancellor, or Judge, who is senior in length of service, to designate one or more of the State Judges (including the Justices of the Supreme Court) to sit in the Court of Chancery, the Superior Court, the Family Court or the Court of Common Pleas, as the case may be, and to hear and decide such causes in such Court and for such period of time as shall be designated. It shall be the duty of the State Judge so designated to serve according to such designation as a Judge of the Court designated. The provisions of this paragraph shall not be deemed to limit in any manner the powers conferred upon the judges of the Superior Court under Section 14 of this Article.
46 Del. Laws, c. 324 and 47 Del. Laws, c. 177; 47 Del. Laws, c. 261 and 48 Del. Laws, c. 109; 50 Del. Laws, c. 608 and 51 Del. Laws, c. 20; 68 Del. Laws, c. 265 and 69 Del. Laws, c. 175; 71 Del. Laws, c. 379 and 72 Del. Laws, c. 136; 74 Del. Laws, c. 299 and 75 Del. Laws, c. 53; 75 Del. Laws, c. 137 and 76 Del. Laws, c. 11;§ 14. Power of law judges to grant restraining orders and preliminary injunctions.
Section 14. The President Judge of the Superior Court or any Judge shall have power, in the absence of the Chancellor and all the Vice-Chancellors from the county where any suit in equity may be instituted or during the temporary disability of the Chancellor and all the Vice-Chancellors, to grant restraining orders, and the said President Judge or any Judge shall have power, during the absence of the Chancellor and all the Vice-Chancellors from the State or his or her and their temporary disability, to grant preliminary injunctions pursuant to the rules and practice of the Court of Chancery; provided that nothing herein contained shall be construed to confer general jurisdiction over the case.
46 Del. Laws, c. 324 and 47 Del. Laws, c. 177; 47 Del. Laws, c. 261 and 48 Del. Laws, c. 109; 71 Del. Laws, c. 379 and 72 Del. Laws, c. 136; 74 Del. Laws, c. 299 and 75 Del. Laws, c. 53; 75 Del. Laws, c. 137 and 76 Del. Laws, c. 11;§ 15. Judges ad litem; limitation and expiration of commission; compensation; persons not disqualified.
Section 15. The Governor shall have power to commission a judge or judges ad litem to sit in any cause in any of said Courts when by reason of legal exception to the Judges authorized to sit therein, or for other cause, there are not a sufficient number of Judges available to hold such Court. The commission in such case shall confine the office to the cause and it shall expire on the determination of the cause. The judge so appointed shall receive reasonable compensation to be fixed by the General Assembly. A Member of Congress, or any person holding or exercising an office under the United States, shall not be disqualified from being appointed a judge ad litem.
47 Del. Laws, c. 261 and 48 Del. Laws, c. 109;§ 16. Scope of jurisdiction and process; costs.
Section 16. The jurisdiction of each of the aforesaid courts shall be coextensive with the State. Process may be issued out of each court, in any county, into every county. No costs shall be awarded against any party to a cause by reason of the fact that suit is brought in a county other than that in which the defendant or defendants may reside at the time of bringing suit.
47 Del. Laws, c. 261 and 48 Del. Laws, c. 109;§ 17. Jurisdictional changes by General Assembly; appeals to Supreme Court.
Section 17. The General Assembly, notwithstanding anything contained in this Article, shall have power to repeal or alter any Act of the General Assembly giving jurisdiction to the former Court of Oyer and Terminer, the former Superior Court, the former Court of General Sessions of the Peace and Jail Delivery, the former Court of General Sessions, the Superior Court hereby established, the Family Court hereby established, the Court of Common Pleas hereby established or the Court of Chancery, in any matter, or giving any power to any of the said courts. The General Assembly shall also have power to confer upon the Superior Court, the Family Court, the Court of Common Pleas and the Court of Chancery jurisdiction and powers in addition to those hereinbefore mentioned. Until the General Assembly shall otherwise direct, there shall be an appeal to the Supreme Court in all cases in which there is an appeal, according to any Act of the General Assembly, to the former Court of Errors and Appeals or to the former Supreme Court of this State.
47 Del. Laws, c. 261 and 48 Del. Laws, c. 109; 74 Del. Laws, c. 299 and 75 Del. Laws, c. 53;§ 18. Powers of Chancellor, Vice-Chancellors and Judges.
Section 18. Until the General Assembly shall otherwise provide, the Chancellor and the Vice-Chancellor or Vice-Chancellors, respectively, shall exercise all the powers which any law of this State vests in the Chancellor, besides the general powers of the Court of Chancery, and the President Judge of the Superior Court and the Judges of said Courts shall each singly exercise all the powers which any law of this State vests in the Judges singly of the former Superior Court, whether as members of the Court or otherwise.
Until the General Assembly shall otherwise provide, the Chief Judge of the Family Court and the Judges of said Court, respectively, shall each singly exercise all the powers which any law of this State vests in the Judges of Family Court, whether as members of the Court or otherwise, and the Chief Judge of the Court of Common Pleas and the Judges of said Court, respectively, shall each singly exercise all the powers which any law of the State vests in the Judges of the Court of Common Pleas, whether as members of the Court or otherwise.
46 Del. Laws, c. 324 and 47 Del. Laws, c. 177; 47 Del. Laws, c. 261 and 48 Del. Laws, c. 109; 74 Del. Laws, c. 299 and 75 Del. Laws, c. 53; 75 Del. Laws, c. 137 and 76 Del. Laws, c. 11;Section 19. Judges shall not charge juries with respect to matters of fact, but may state the questions of fact in issue and declare the law.
47 Del. Laws, c. 261 and 48 Del. Laws, c. 109;§ 20. Trial by court of issues of fact in civil causes.
Section 20. In civil causes where matters of fact are at issue, if the parties agree, such matters of fact shall be tried by the court, and judgment rendered upon their decision thereon as upon a verdict by a jury.
47 Del. Laws, c. 261 and 48 Del. Laws, c. 109;§ 21. Amendments in civil pleadings and proceedings by Superior Court; examination of witnesses and parties.
Section 21. In civil causes, when pending, the Superior Court shall have the power, before judgment, of directing, upon such terms as it shall deem reasonable, amendments in pleadings and legal proceedings, so that by error in any of them, the determination of causes, according to their real merits, shall not be hindered; and also of directing the examination of witnesses and parties litigant.
47 Del. Laws, c. 261 and 48 Del. Laws, c. 109;§ 22. Payment into court pending action for debt or damages; costs.
Section 22. At any time pending an action for debt or damages, the defendant may bring into court a sum of money for discharging the same, together with the costs then accrued and the plaintiff not accepting the same, if upon the final decision of the cause, he or she shall not recover a greater sum than that so paid into court for him or her, he or she shall not recover any costs accruing after such payment, except where the plaintiff is an executor or administrator.
47 Del. Laws, c. 261 and 48 Del. Laws, c. 109; 71 Del. Laws, c. 379 and 72 Del. Laws, c. 136;§ 23. Survival of action; executor or administrator as party; continuance.
Section 23. By the death of any party, no suit in chancery or at law, where the cause of action survives, shall abate, but, until the General Assembly shall otherwise provide, suggestion of such death being entered of record, the executor or administrator of a deceased petitioner or plaintiff may prosecute the said suit; and if a respondent or defendant dies, the executor or administrator being duly serviced with a scire facias thirty (30) days before the return thereof shall be considered as a party to the suit, in the same manner as if he or she had voluntarily made himself or herself a party; and in any of those cases, the court shall pass a decree, or render judgment for or against executors or administrators as to right appertains. But where an executor or administrator of a deceased respondent or defendant becomes a party, the court upon motion shall grant such a continuance of the cause as to the judges shall appear proper.
47 Del. Laws, c. 261 and 48 Del. Laws, c. 109; 71 Del. Laws, c. 379 and 72 Del. Laws, c. 136;§ 24. Security for stay of proceedings on appeal or writ of error.
Section 24. Whenever a person, not being an executor or administrator, appeals or applies to the Supreme Court for a writ of error, such appeal or writ shall be no stay of proceedings in the court below unless the appellant or plaintiff in error shall give sufficient security to be approved by the court below or by a judge of the Supreme Court that the appellant or plaintiff in error shall prosecute respectively his or her appeal or writ to effect, and pay the condemnation money and all costs, or otherwise abide the decree in appeal or the judgment in error, if he or she fail to make his or her plea good.
46 Del. Laws, c. 324 and 47 Del. Laws, c. 177; 47 Del. Laws, c. 261 and 48 Del. Laws, c. 109; 71 Del. Laws, c. 379 and 72 Del. Laws, c. 136;§ 25. Chief Register in Chancery: appointment; powers and duties.
Section 25. The Court of Chancery shall appoint a Chief Register in Chancery to hold office at the pleasure of that Court. The Chief Register in Chancery shall be the Clerk of the Court of Chancery and shall appoint, with the concurrence of the Court, a Register in Chancery in each county who shall also serve at the pleasure of Court. The Chief Register in Chancery may also appoint other deputies, issue process, and enter judgment and do such other things as are according to law and the practice of the court.
72 Del. Laws, c. 357 and 73 Del. Laws, c. 98;§ 26. Prothonotary as Clerk of Superior Court; powers and duties; entry of testatum fieri facias.
Section 26. The Superior Court shall appoint a Prothonotary in each county to hold office at the pleasure of the said Court. The Prothonotary of each County shall be the Clerk of the Superior Court in and for the County in which he or she holds office. He or she may issue process, take recognizance of bail and enter judgments, according to law and the practice of the court. No judgment in one county shall bind lands or tenements in another until a testatum fieri facias being issued shall be entered of record in the office of the Prothonotary of the County wherein the lands or tenements are situated. Such Prothonotary shall perform all duties heretofore performed by the Clerk of the Peace as Clerk of the former Court of General Sessions and the former Court of Oyer and Terminer. This section shall not be interpreted to prevent the transfer of a judgment from any court of one county to the Superior Court of another county pursuant to legislation enacted by the General Assembly, nor shall it be construed to require the issuance or entry into the record of a testatum fieri facias when a judgment is transferred from a court of one county to the Superior Court of another county pursuant to legislation enacted by the General Assembly.
47 Del. Laws, c. 261 and 48 Del. Laws, c. 109; 66 Del. Laws, c. 342 and 67 Del. Laws, c. 96; 70 Del. Laws, c. 593 and 71 Del. Laws, c. 30; 71 Del. Laws, c. 379 and 72 Del. Laws, c. 136;§ 27. Clerk of Supreme Court; term of office and compensation.
Section 27. The Supreme Court shall have the power to appoint a Clerk to hold office at the pleasure of the said Court. He or she shall receive from the State for his or her services a compensation which shall be fixed from time to time by the said Court and paid monthly.
47 Del. Laws, c. 261 and 48 Del. Laws, c. 109; 66 Del. Laws, c. 342 and 67 Del. Laws, c. 96; 71 Del. Laws, c. 379 and 72 Del. Laws, c. 136;§ 28. Criminal jurisdiction of inferior courts and justices of the peace; regulation of jurisdiction; indictment; jury trial; appeals.
Section 28. The General Assembly may by law give to any inferior courts by it established or to be established, or to one or more justices of the peace, jurisdiction of the criminal matters following, that is to say -- assaults and batteries, carrying concealed a deadly weapon, disturbing meetings held for the purpose of religious worship, nuisances, and such other misdemeanors as the General Assembly may from time to time, with the concurrence of two-thirds of all the Members elected to each House, prescribe.
The General Assembly may by law regulate this jurisdiction, and provide that the proceedings shall be with or without indictment by grand jury, or trial by petit jury, and may grant or deny the privilege of appeal to the Superior Court; provided, however, that there shall be an appeal to the Superior Court in all cases in which the sentence shall be imprisonment exceeding one (1) month, or a fine exceeding One Hundred Dollars ($100.00).
47 Del. Laws, c. 261 and 48 Del. Laws, c. 109;§ 29. Justices of the Peace; term of office; powers of the Chief Magistrate and Justices of the Peace.
Section 29. There shall be appointed, as hereinafter provided, such number of persons to the Office of Justice of the Peace as directed by law, who shall be commissioned as follows:
(a) Upon first appointment and confirmation, a Justice of the Peace shall be commissioned for four (4) years:
(b) Upon second or third appointment and confirmation, a Justice of the Peace shall be commissioned for six (6) years:
(c) Upon fourth or subsequent appointments and confirmation, a Justice of the Peace shall be commissioned for eight (8) years.
47 Del. Laws, c. 261 and 48 Del. Laws, c. 109; 70 Del. Laws, c. 447 and 71 Del. Laws, c. 56; 76 Del. Laws, c. 416 and 77 Del. Laws, c. 433; 78 Del. Laws, c. 181 and 79 Del. Laws, c. 9;§ 30. Justices of the Peace, Chief Magistrate, and judges of legislative courts; appointment by Governor; terms of office.
Section 30. Justices of the Peace and the judges of such courts as the General Assembly may establish, or shall have established prior to the time this amended Article IV of this Constitution becomes effective, pursuant to the provisions of Section 1 or Section 28 of this Article, shall be appointed by the Governor, by and with the consent of a majority of all the Members elected to the Senate, for such terms as shall be fixed by this Constitution or by law. The Chief Magistrate shall be appointed and confirmed subject to the provisions of Section 3 of this Article.
47 Del. Laws, c. 261 and 48 Del. Laws, c. 109; 76 Del. Laws, c. 416 and 77 Del. Laws, c. 433;§ 31. Registers of Wills; depositions of witnesses; process; appeals to Court of Chancery; disqualification of Register for interest.
Section 31. The Registers of Wills of the several counties shall respectively hold the Register's Court in each County. Upon the litigation of a cause the depositions of the witnesses examined shall be taken at large in writing and made part of the proceedings in the cause. This court may issue process throughout the State. Appeals may be taken from a Register's Court to the Court of Chancery. In cases where a Register of Wills is interested in questions concerning the probate of wills, the granting of letters of administration, or executors' or administrators' accounts, the cognizance thereof shall belong to the Court of Chancery.
47 Del. Laws, c. 261 and 48 Del. Laws, c. 109; 74 Del. Laws, c. 299 and 75 Del. Laws, c. 53;§ 32. Adjustment and settlement of executors' and administrators' accounts; notice; hearing of exceptions in Court of Chancery; transfer of jurisdiction; appeals.
Section 32. An executor or administrator shall file every account with the Register of Wills for the County, who shall, as soon as conveniently may be, carefully examine the particulars with the proofs thereof, in the presence of such executor or administrator, and shall adjust and settle the same according to the right of the matter and the law of the land; which account so settled shall remain in his or her office for inspection; and the executor, or administrator, shall within three (3) months after such settlement give notice in writing to all persons entitled to shares of the estate, or to their guardians, respectively, if residing within the State, that the account is lodged in the said office for inspection.
Exceptions may be made by persons concerned to both sides of every such account, either denying the justice of the allowances made to the accountant or alleging further charges against him or her; and the exceptions shall be heard in the Court of Chancery for the County; and thereupon the account shall be adjusted and settled according to the right of the matter and the law of the land.
The General Assembly shall have power to transfer to the Court of Chancery all or a part of the jurisdiction by this Constitution vested in the Register of Wills and to vest in the Court of Chancery all or a part of such jurisdiction and to provide for appeals from that Court exercising such jurisdiction.
47 Del. Laws, c. 261 and 48 Del. Laws, c. 109; 71 Del. Laws, c. 379 and 72 Del. Laws, c. 136; 74 Del. Laws, c. 299 and 75 Del. Laws, c. 53;§ 33. Style of process and public acts; prosecutions in name of State.
Section 33. The style in all process and public acts shall be THE STATE OF DELAWARE. Prosecutions shall be carried on in the name of the State.
47 Del. Laws, c. 261 and 48 Del. Laws, c. 109;§ 34. Continuation in office and designation of certain judicial officers.
Section 34. The Chancellor, Chief Justice and Judges in office at and immediately before the time this amended Article IV of this Constitution becomes effective shall hold their respective offices until the expiration of their terms respectively and shall receive the compensation provided by law. They shall, however, be hereafter designated as follows:
The Chancellor shall continue to be designated as Chancellor;
The Chief Justice shall hereafter be designated as President Judge of the Superior Court;
The Judges shall hereafter be designated as Judges of the Superior Court.
The Vice-Chancellor in office at and immediately before the time this amended Article IV of this Constitution becomes effective shall hold his or her office until the expiration of the period of twelve years from the date of the commission for the office of Vice-Chancellor held by him or her at the time this amended Article IV of this Constitution becomes effective and shall receive the compensation provided by law. He or she shall continue to be designated as Vice-Chancellor.
47 Del. Laws, c. 261 and 48 Del. Laws, c. 109; 71 Del. Laws, c. 379 and 72 Del. Laws, c. 136; 74 Del. Laws, c. 299 and 75 Del. Laws, c. 53; 75 Del. Laws, c. 137 and 76 Del. Laws, c. 11;§ 34A. Continuation in office and designation of judicial officers of the Family Court and the Court of Common Pleas.
Section 34A. The Chief Judge and the Judges of the Family Court and the Chief Judge and the Judges of the Court of Common Pleas in office at and immediately before the time this amended Article IV of this Constitution becomes effective shall hold their respective offices until the expiration of their terms, respectively, and shall receive the compensation provided by law.
74 Del. Laws, c. 299 and 75 Del. Laws, c. 53; 75 Del. Laws, c. 137 and 76 Del. Laws, c. 11;§ 35. Proceedings pending at time of 1951 amendment; books, records and papers; effect of amended article on Court of Chancery.
Section 35. All writs of error and appeals and proceedings pending, at the time this amended Article IV of this Constitution becomes effective, in the Supreme Court as heretofore constituted shall be proceeded within the Supreme Court hereby established, and all the books, records and papers of the said Supreme Court as heretofore constituted shall be the books, records and papers of the Supreme Court hereby established.
All suits, proceedings and matters pending, at the time this amended Article IV of this Constitution becomes effective, in the Superior Court as heretofore constituted shall be proceeded within the Superior Court hereby established and all the books, records and papers of the said Superior Court as heretofore constituted shall be the books, records and papers of the Superior Court hereby established.
All indictments, proceedings and matters of a criminal nature pending in the former Court of General Sessions and in the former Court of Oyer and Terminer, at the time this amended Article IV of this Constitution becomes effective, and all books, records and papers of said former Court of General Sessions and former Court of Oyer and Terminer shall be transferred to the Superior Court hereby established, and the said indictments, proceedings and matters pending shall be proceeded with to final judgment and determination in the said Superior Court hereby established.
The Court of Chancery is not affected by this amended Article IV of this Constitution otherwise than by the provisions with respect to a Vice-Chancellor or Vice-Chancellors.
47 Del. Laws, c. 261 and 48 Del. Laws, c. 109;§ 36. Abolition of Orphans' Court; transfer of jurisdiction and powers.
Repealed 75 Del. Laws, c. § 53.
55 Del. Laws, c. 426 and 56 Del. Laws, c. 147; 74 Del. Laws, c. 299 and 75 Del. Laws, c. 53;Section 37. A Court on the Judiciary is hereby created consisting of the Chief Justice and the Justices of the Supreme Court, the Chancellor, the President Judge of the Superior Court, the Chief Judge of the Family Court, the Chief Judge of the Court of Common Pleas and the Chief Magistrate of the Justice of the Peace Court.
Any judicial officer appointed by the Governor may be censured or removed or retired by the Court on the Judiciary as herein provided.
A judicial officer may be censured or removed by virtue of this section for wilful misconduct in office, wilful and persistent failure to perform his or her duties, the commission after appointment of an offense involving moral turpitude, or other persistent misconduct in violation of the Canons of Judicial Ethics as adopted by the Delaware Supreme Court from time to time.
A judicial officer may be retired by virtue of this section for permanent mental or physical disability interfering with the proper performance of the duties of his or her office.
No judicial officer shall be censured or removed or retired under this section unless he or she has been served with a written statement of the charges against him or her, or of the grounds of his or her retirement, and shall have had an opportunity to be heard in accordance with due process of law. The affirmative concurrence of not less than two-thirds of the members of the Court on the Judiciary shall be necessary for the censure or removal or retirement of a judicial officer. The Court on the Judiciary shall be convened for appropriate action upon the order of the Chief Justice, or upon the order of any other three members of the Court on the Judiciary. All hearings and other proceedings of the Court on the Judiciary shall be private, and all records except a final order of removal or retirement shall be confidential, unless the judicial officer involved shall otherwise request.
Upon an order of removal, the judicial officer shall thereby be removed from office, all of his or her authority, rights and privileges as a judicial officer shall cease from the date of the order, and a vacancy shall be deemed to exist as of that date. Upon an order of retirement, the judicial officer shall thereby be retired with such rights and privileges as may be provided by law for the disability retirement of a judicial officer, and a vacancy shall be deemed to exist as of the date of retirement.
In the absence or disqualification of a member of the Court on the Judiciary, the Chief Justice, or in his or her absence or disqualification the Senior Associate Justice, shall appoint a substitute member pro tempore.
The Court on the Judiciary shall have:
(a) the power to summon witnesses to appear and testify under oath and to compel the production of books, papers and documents, and
(b) the power to adopt rules establishing procedures for the investigation and trial of a judicial officer hereunder.
56 Del. Laws, c. 145 and 57 Del. Laws, c. 293; 71 Del. Laws, c. 379 and 72 Del. Laws, c. 136; 74 Del. Laws, c. 299 and 75 Del. Laws, c. 53; 80 Del. Laws, c. 170 and 81 Del. Laws, c. 44;§ 38. Retired Judges and Justices; temporary assignment.
Section 38. A former State Judge or a former Justice of the Supreme Court, who is retired and is receiving a state judicial pension and who assents to active judicial duty and who is not engaged in the practice of law, upon designation of the Chief Justice of the Supreme Court, or in case of his or her absence from the State, disqualification, incapacity, or if there be a vacancy in that office, upon designation of the next qualified and available Justice, who by seniority is next in rank to the Chief Justice, shall be authorized to sit temporarily in the court from which he or she retired or in any other court to which he or she could be designated under the Constitution and statutes of the State if he or she still held the judicial position from which he or she retired. Any person so designated shall receive compensation as the General Assembly shall provide. Nothing herein shall authorize the designation of any former State Judge or a former Justice of the Supreme Court to sit in the Supreme Court except temporarily to fill up the number of that Court to the required quorum. The term "State Judge" as used in this section means a Chancellor or Vice-Chancellor of the Chancery Court or a President Judge or Judge of the Superior Court.
62 Del. Laws, c.254 and 63 Del. Laws, c.147; 68 Del. Laws, c. 265 and 69 Del. Laws, c. 175; 71 Del. Laws, c. 379 and 72 Del. Laws, c. 136; 75 Del. Laws, c. 137 and 76 Del. Laws, c. 11;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.
72 Del. Laws, c. 435 and 73 Del. Laws, c. 100;