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DELAWARE
CONSTITUTION OF THE STATE OF DELAWARE
As Adopted in Convention, June 4th, 1897,
with Amendments Made Subsequently thereto
through August 1995.
Present Constitution
Preamble
Article I - BILL OF RIGHTS
Article II - LEGISLATURE
Article III- EXECUTIVE
Article IV- JUDICIARY
Article V- ELECTIONS
Article VI- IMPEACHMENT AND TREASON
Article VII- PARDONS
Article VIII- REVENUE AND TAXATION
Article IX- CORPORATIONS
Article X- EDUCATION
Article XI- AGRICULTURE
Article XII- NOT CURRENTLY AVAILABLE
Article XIII- LOCAL OPTION
Article XIV- OATH OF OFFICE
Article XV- MISCELLANEOUS
Article XVI- AMENDMENTS AND CONVENTIONS
Article XVII- CONTINUITY OF GOVERNMENTAL
Schedule-
PRESENT CONSTITUTION
WE
THE PEOPLE, HEREBY ORDAIN AND ESTABLISH THIS CONSTITUTION OF GOVERNMENT
FOR THE STATE OF DELAWARE.
PREAMBLE
Through Divine goodness, all men have by nature the rights of worshiping
and serving their Creator according to the dictates of their
consciences, of enjoying and defending life and liberty, of acquiring
and protecting reputation and property, and in general of obtaining
objects suitable to their condition, without injury by one to another;
and as these rights are essential to their welfare, for due exercise
thereof, power is inherent in them; and therefore all just authority in
the institutions of political society is derived from the people, and
established with their consent, to advance their happiness; and they may
for this end, as circumstances require, from time to time, alter their
Constitution of government.
ARTICLE I.
BILL OF RIGHTS
§1. Freedom of religion.
Section 1. Although it is the duty of all men frequently to assemble
together for the public worship of Almighty God; and piety and morality,
on which the prosperity of communities depends, are hereby promoted; yet
no man shall or ought to be compelled to attend any religious worship,
to contribute to the erection or support of any place of worship, or to
the maintenance of any ministry, against his own free will and consent;
and no power shall or ought to be vested in or assumed by any magistrate
that shall in any case interfere with, or in any manner control the
rights of conscience, in the free exercise of religious worship, nor a
preference given by law to any religious societies, denominations, or
modes of worship.
§2. Religious test for office not required.
Section 2. No religious test shall be required as a qualification to any
office, or public trust, under this State.
§3. Free and equal elections.
Section 3. All elections shall be free and equal.
§4. Trial by jury; composition of grand juries; concurrence in
indictment.
Section 4. Trial by jury shall be as heretofore.
§5. Freedom of press; evidence in libel prosecutions; jury questions.
Section 5. The press shall be free to every citizen who undertakes to
examine the official conduct of men acting in a public capacity; and any
citizen may print on any subject, being responsible for the abuse of
that liberty. In prosecutions for publications, investigating the
proceedings of officers, or where the matter published is proper for
public information, the truth thereof may be given in evidence; and in
all indictments for libels the jury may determine the facts and the law,
as in other cases.
§6. Searches and seizures.
Section 6. The people shall be secure in their persons, houses, papers
and possessions, from unreasonable searches and seizures; and no warrant
to search any place, or to seize any person or thing, shall issue
without describing them as particularly as may be; nor then, unless
there be probable cause supported by oath or affirmation.
§7. Procedural rights in criminal prosecutions; jury trial;
self-incrimination; deprivation of life, liberty or property.
Section 7. In all criminal prosecutions, the accused hath a right to be
heard by himself and his counsel, to be plainly and fully informed of
the nature and cause of the accusation against him, to meet the
witnesses in their examination face to face, to have compulsory process
in due time, on application by himself, his friends or council, for
obtaining witnesses in his favor, and a speedy and public trial by an
impartial jury; he shall not be compelled to give evidence against
himself, nor shall he be deprived of life, liberty or property, unless
by the judgment of his peers or by the law of the land.
§8. Prosecution by indictment or information; double jeopardy; just
compensation for property.
Section 8. No person shall for any indictable offense be proceeded
against criminally by information, except in cases arising in the land
or naval forces, or in the militia when in actual service in time of war
or public danger; and no person shall be for the same offense twice put
in jeopardy of life or limb; nor shall any man's property be taken or
applied to public use without the consent of his representatives, and
without compensation being made.
§9. Courts shall be open; remedy for injury; venue; suits against State.
Section 9. All courts shall be open; and every man for an injury done
him in his reputation, person, movable or immovable possessions, shall
have remedy by the due course of law, and justice administered according
to the very right of the cause and the law of the land, without sale,
denial, or unreasonable delay or expense. Suits may be brought against
the State, according to such regulations as shall be made by law.
§10. Suspension of laws by General Assembly.
Section 10. No power of suspending laws shall be exercised but by
authority of the General Assembly.
§11. Excessive bail or fines; cruel punishments; health of prisoners.
Section 11. Excessive bail shall not be required, nor excessive fines
imposed, nor cruel punishments inflicted; and in the construction of
jails a proper regard shall be had to the health of prisoners.
§12. Right to bail; access to accused.
Section 12. All prisoners shall be bailable by sufficient sureties,
unless for capital offenses when the proof is positive or the
presumption great; and when persons are confined on accusation for such
offenses their friends and counsel may at proper seasons have access to
them.
§13. Suspension of habeas corpus.
Section 13. The privilege of the writ of habeas corpus shall not be
suspended, unless when in cases of rebellion or invasion the public
safety may require it.
§14. Commission of oyer and terminer, or jail delivery.
Section 14. No commission of oyer and terminer, or jail delivery, shall
be issued.
§15. Corruption of blood; forfeiture; descent of suicide's estate.
Section 15. No attainder shall work corruption of blood, nor except
during the life of the offender forfeiture of estate. The estates of
those who destroy their own lives shall descend or vest as in case of
natural death, and if any person be killed by accident no forfeiture
shall thereby be incurred.
§16. Right of assembly; petition for redress of grievances.
Section 16. Although disobedience to laws by a part of the people, upon
suggestions of impolicy or injustice in them, tends by immediate effect
and the influence of example not only to endanger the public welfare and
safety, but also in governments of a republican form contravenes the
social principles of such governments, founded on common consent for
common good; yet the citizens have a right in an orderly manner to meet
together, and to apply to persons entrusted with the powers of
government, for redress of grievances or other proper purposes, by
petition, remonstrance or address.
§17. Standing army; necessity for legislative consent; subordination of
military.
Section 17. No standing army shall be kept without the consent of the
General Assembly, and the military shall in all cases and at all times
be in strict subordination to the civil power.
§18. Prohibition against quartering soldiers in home.
Section 18. No soldier shall in time of peace be quartered in any house
without the consent of the owner; nor in time of war but by a civil
magistrate, in manner to be prescribed by law.
§19. Hereditary distinctions; holding office during good behavior;
offices and titles from foreign states.
Section 19. No hereditary distinction shall be granted, nor any office
created or exercised, the appointment to which shall be for a longer
term than during good behavior; and no person holding any office under
this State shall accept of any office or title of any kind whatever from
any king, prince, or foreign State.
§20. Right to keep and bear arms.
Section 20. A person has the right to keep and bear arms for the defense
of self, family, home and State, and for hunting and recreational use.
(4-16-87)
WE
DECLARE THAT EVERYTHING IN THIS ARTICLE IS RESERVED OUT OF THE GENERAL
POWERS OF GOVERNMENT HEREINAFTER MENTIONED.
ARTICLE II.
LEGISLATURE
§1. General Assembly to hold legislative power; composition.
Section 1. The legislative power of this State shall be vested in a
General Assembly, which shall consist of a Senate and a House of
Representatives.
§2. Composition of House and Senate; terms of office; districts;
election.
NOTE
Sections 2 and 2A, Article II of the Constitution relating to the
composition of the House and Senate was declared unconstitutional by the
Supreme Court of the United States on June 15, 1964. Roman et all. v.
Sincock et al. 377 U.S. 395. The composition of the General Assembly is
now regulated by statute.
§2A. Additional representative districts.
See the Note under Section 2, Article II, above.
§2B. Delegates to Constitutional Convention.
Section 2B. The number of delegates and the method of electing delegates
to the Constitutional Convention as provided in Section 2, Article 16,
shall not be affected by the addition of Representatives or
Representative Districts, pursuant to Section 2A of this Article. The
Representative Districts which shall elect delegates to the
Constitutional Convention are as set forth in Section 2 of this Article.
§3. Qualifications of members.
Section 3. No person shall be a Senator who shall not have attained the
age of twenty-seven years and have been a citizen and inhabitant of the
State three years next preceding the day of his election and the last
year of that term an inhabitant of the Senatorial District in which he
shall be chosen, unless he shall have been absent on the public business
of the United States or of this State. No person shall be a
Representative who shall not have attained the age of twenty-four years,
and have been a citizen and inhabitant of the State three years next
preceding the day of his election, and the last year of that term an
inhabitant of the Representative District in which he shall be chosen,
unless he shall have been absent on the public business of the United
States or of this State.
§4. Time and frequency of sessions.
Section 4. The General Assembly shall convene on the second Tuesday of
January of each calendar year unless otherwise convened by the Governor,
or by mutual call of the presiding officers of both Houses.
The General Assembly may continue in session each calendar year so long
as, in its judgment, the public interest may require; however, each
session shall not extend beyond the last day of June unless the session
is recalled by the Governor or the mutual call of the presiding officers
of both Houses.
§5. Place of meeting.
Section 5. The General Assembly shall meet and sit in Dover, the capital
of the State; provided, however, that in case of insurrection,
conflagration or epidemic disease the General Assembly may temporarily
meet and sit elsewhere.
§6. Vacancies; tenure of office of persons elected to fill.
Section 6. Whenever there shall be a vacancy in either House of the
General Assembly, by reason of failure to elect, ineligibility, death,
resignation or otherwise, a writ of election shall be issued by the
presiding officer of the House in which the vacancy exists, or in case
of necessity in such other manner as shall be provided by law; and the
person thereupon chosen to fill such vacancy shall hold office for the
residue of the term. And whenever there shall be such vacancy in either
House, and the General Assembly is not in session, the Governor shall
have power to issue a writ of election to fill such vacancy, which writ
shall be executed as a writ issued by the presiding officer of either
House in case of vacancy, and the person thereupon chosen to fill such
vacancy shall hold office for the residue of the term.
§7. President pro tempore, Speaker and other officers; absence of
presiding officers.
Section 7. The Senate at the first annual session of every new General
Assembly shall choose one of its members president pro tempore, who
shall preside in the absence of the Lieutenant-Governor, or in case the
latter shall become Governor or while he continues in the exercise of
the office of Governor by reason of disability of the Governor. The
Senate shall also choose its other officers and in the absence of the
Lieutenant-Governor and its president pro tempore may, from time to
time, as occasion may require, appoint one of its members to preside.
The House of Representatives at such first annual session shall choose
one of its members speaker and also choose its other officers, and in
the absence of the speaker may from time to time, as occasion may
require, appoint one of its members to preside.
§8. Each House as judge of elections and qualifications of its members;
quorum; adjournments; compelling attendance.
Section 8. Each House shall be the judge of the elections, returns and
qualifications of its own members; and a majority of all the members
elected to each House shall constitute a quorum to do business; but a
smaller number may adjourn from day to day, and shall have power to
compel the attendance of absent members, in such manner and under such
penalties, as shall be deemed expedient.
§9. Rules; punishment and expulsion of members; scope of powers.
Section 9. Each House may determine the rules of its proceedings, punish
any of its members for disorderly behavior, and with the concurrence of
two-thirds of all the members elected thereto expel a member, and shall
have all other powers necessary for a branch of the Legislature of a
free and independent State.
§10. Journals; publication; entry of yeas and nays; passage of bills and
resolutions.
Section 10. Each House shall keep a journal of its proceedings, and
publish the same immediately after every session, except such parts as
may require secrecy. The names of the members voting for and against any
bill or joint resolution, except in relation to adjournment, shall on
the final vote be entered on the journal; and the yeas and nays of the
members on any question shall, at the desire of any member, be entered
on the journal. No bill or joint resolution, except in relation to
adjournment, shall pass either House unless the final vote shall have
been taken by yeas and nays, nor without the concurrence of a majority
of all the members elected to each House.
§11. Accessibility to each House and Committees of the Whole.
Section 11. The doors of each House, and of Committees of the Whole,
shall be open unless when the business is such as ought to be kept
secret.
§12. Consent of each House to adjournment.
Section 12. Neither House shall, without the consent of the other,
adjourn for more than three days, nor to any other place than that in
which the two Houses shall be sitting.
§13. Immunity from arrest and questioning of speeches.
Section 13. The Senators and Representatives shall, in all cases, except
treason, felony or breach of the peace, be privileged from arrest during
their attendance at the session of their respective Houses, and in going
to and returning from the same; and for any speech or debate in either
House they shall not be questioned in any other place.
§14. Holding dual office or having interest in army or navy contract.
Section 14. No Senator or Representative shall, during the time for
which he shall have been elected, be appointed to any civil office under
this State which shall have been created, or the emoluments of which
shall have been increased during such time. No member of Congress, nor
any person holding any office under this State, or the United States,
except officers usually appointed by the courts of Justice respectively,
attorneys-at-law and officers of the militia, holding no disqualifying
office, shall during his continuance in Congress or in office be a
Senator or Representative; nor shall any person while concerned in any
army or navy contract be a Senator or Representative.
§15. Compensation, Expenses and Allowances of Members
Section 15. The President of the Senate and members of the General
Assembly shall receive an annual salary and an annual expense allowance
for transportation and such other necessary and proper purposes as the
General Assembly shall by law provide. Funds appropriated hereunder
shall be paid out of the Treasury of the State.
§16. Restriction of bills and resolutions to one subject; expression in
title; exception.
Section 16. No bill or joint resolution, except bills appropriating
money for public purposes, shall embrace more than one subject, which
shall be expressed in its title.
§17. Lotteries and other gambling.
Section 17. All forms of gambling are prohibited in this State except
the following:
(a) Lotteries under State control for the purpose of raising funds,
(b) Lotteries (other than slot machines, roulette, craps, and baccarat
games) provided that each is sponsored and conducted under the
limitations of Section 17B by companies, organizations, or societies
which have been in existence for at least two years; provided, however,
that no person who shall not have attained the age of 18 years shall
participate in any lottery (where money is the prize) otherwise
authorized by the Article. (6-2-83)
(c) Wagering or betting by the use of pari-mutuel machines or
totalizators on horse races conducted at racetracks within or without
the State, provided that such wagering or betting may be conducted only
either:
(1) within the enclosure of any racetrack licensed under the laws of the
State to conduct a race meeting, or
(2) within the enclosure of any racetrack licensed under the laws of the
State to receive and accept wagers or bets on electronically televised
simulcasts of horse races. (1/24/91)
(d) Bingo games as conducted under the limitations of Section 17A.
The General Assembly shall enforce this Section by appropriate
legislation.
§17A. Bingo games; organizations authorized to conduct; submission to
referendum; districts; regulation; penalties.
Section 17A. The game of Bingo shall be lawful when sponsored and
conducted by Volunteer Fire Companies, Veteran's Organizations,
Religious or Charitable Organizations, or by Fraternal Societies
provided the net receipts or profits arising from the conducting or
operating of such Bingo games by the aforementioned Companies,
Organizations, or Societies are used solely for the promotion or
achievement of the purposes of such Companies, Organization, or
Societies, and provided further that the aforementioned Companies,
Organizations or Societies are operated in a manner so as to come within
the provisions of Section 170 of the U.S. Revenue Code and Regulations
promulgated thereunder by the U. S. Secretary of the Treasury.
1.
The General Assembly shall provide by law for the submission to the vote
of the qualified electors of the several districts of the State, or any
of them, mentioned in subparagraph 2 of Section 17A of this article at
the General Election held in 1958, the question whether the playing of
the game of "Bingo" shall be licensed or prohibited within the limits
thereof; and in every district in which there is a majority against
license, no organization, mentioned in Section 17A, shall thereafter
sponsor or permit the playing of "Bingo", within said district, until at
a subsequent submission of such question a majority of votes shall be
cast in said district for license. Whenever a majority of all the
members elected to each House of the General Assembly by the qualified
electors in any district named in subparagraph 2 of Section 17A of this
Article shall request the submission of the question of license or no
license to a vote of the qualified electors in said district, the
General Assembly shall provide for the submission of such question to
the qualified electors in such district at the next general election
thereafter.
2.
Under the provisions of this Article, Sussex County shall comprise one
district, Kent County shall comprise one district, the City of
Wilmington, as its corporate limits now are or may hereafter be
extended, one district, and the remaining part of New Castle County, one
district.
3.
The General Assembly shall provide necessary laws to carry out and
enforce the provisions of this Article, enact laws governing the game of
"Bingo" under the limitations of this Article, and may provide such
penalties as may be necessary to enforce same.
§17B. Lotteries not under State control; organizations to conduct;
submission to referendum; districts; regulation; penalties.
Lotteries not under State control shall be lawful when sponsored and
conducted by Volunteer Fire Companies, Veterans Organizations, Religious
or Charitable Organizations, or by Fraternal Societies provided that
said Company, Organization or Society has been in existence a minimum of
two years and provided the net receipts or profits arising from the
conducting or operating of such lotteries by the aforementioned
Companies, Organizations, or Societies are used solely for the promotion
or achievement of the purposes of such Companies, Organizations, or
Societies, and provided further that the aforementioned Companies,
Organizations, or Societies are operated in a manner so as to come
within the provisions of Section 170 of the U.S. Revenue Code and
Regulations promulgated thereunder by the U.S. Secretary of the
Treasury.
1.
The General Assembly shall provide by law for the submission to the vote
of the qualified electors of the several districts of the State, or any
of them, mentioned in subparagraph 2 of Section 17B of this Article at
the General Election held in 1984, the question whether the playing of
lotteries not under State control shall be licensed or prohibited within
the limits thereof; and in every district in which there is a majority
against license, no organization, mentioned in Section 17B, shall
thereafter sponsor or permit lotteries not under State control, within
said district, until at a subsequent submission of such question a
majority of votes shall be cast in said district for license. Whenever a
majority of all the members elected to each House of the General
Assembly by the qualified electors in any district named in subparagraph
2 of Section 17B of this Article shall request the submission of the
question of license or no license to a vote of the qualified electors in
said district, the General Assembly shall provide for the submission of
such question to the qualified electors in such district at the next
general election thereafter.
2.
Under the provisions of this Article, Sussex County shall comprise one
district, Kent County shall comprise one district, the City of
Wilmington, as its corporate limits now are or may hereafter be
extended, one district, and the remaining part of New Castle County, one
district.
3.
The General Assembly shall enact comprehensive legislation providing for
licensing for all organizations conducting and regulating the conduct of
lotteries under the provisions of this section and may provide such
penalties as may be necessary to enforce such legislation. (6-2-83)
§18. Divorce or alimony.
Section 18. No divorce shall be granted, nor alimony allowed, except by
the judgment of a court, as shall be prescribed by general and uniform
law.
§19. Local or special laws relating to fences, live stock, ditches,
school districts, and roads, highways, streets, etc.
Section 19. The General Assembly shall not pass any local or special law
relating to fences; the straying of live stock; ditches; the creation or
changing the boundaries of school districts; or the laying out, opening,
alteration, maintenance or vacation, in whole or in part of any road,
highway, street, lane or alley; provided, however, that the General
Assembly may by a vote of two-thirds of all the members elected to each
House pass laws relating to the laying out, opening, alteration or
maintenance of any road or highway which forms a continuous road or
highway extending through at least a portion of the three counties of
the State.
No
road, highway or street, intended to be dedicated to public use and
maintained at public expense, shall be constructed except in conformance
with standards adopted by the agency charged with construction,
reconstruction or maintenance of such road, highway, or street. Any road
or street, constructed solely for private use, shall only be maintained
at State expense after it has been constructed or reconstructed
according to the standards established by the agency charged with the
duty of maintaining such roads or streets.
§20. Disclosure of personal or private interest of legislator in any
pending measure.
Section 20. Any member of the General Assembly who has a personal or
private interest in any measure or bill pending in the General Assembly
shall disclose the fact to the House of which he is a member and shall
not vote thereon.
§21. Conviction of crime as ban to public office.
Section 21. No person who shall be convicted of embezzlement of the
public money, bribery, perjury or other infamous crime, shall be
eligible to a seat in either House of the General Assembly, or capable
of holding any office of trust, honor or profit under this State.
§22. Bribery of executive, judicial or legislative officers.
Section 22. Every person who shall give, offer or promise, directly or
indirectly, any money, testimonial, privilege, personal advantage or
thing of value to any executive or judicial officer of this State or to
any member of either House of the General Assembly for the purpose of
influencing him in the performance of any of his official or public
duties shall be deemed guilty of bribery, and shall be punished in such
manner as shall be provided by law.
§23. Statutes as public laws unless otherwise declared.
Section 23. Every statute shall be a public law unless otherwise
declared in the statute itself.
§24. Settlement of accounts of State Treasurer; ineligibility for
legislative office until settlement.
Section 24. The State Treasurer shall settle his accounts annually with
the General Assembly or a joint committee thereof, which shall be
appointed at every ninety legislative day session. No person who has
served in the office of State Treasurer shall be eligible to a seat in
either House of the General Assembly until he shall have made a final
settlement of his accounts as treasurer and discharged the balance, if
any, due thereon.
§25. Laws permitting zoning ordinances and use of land.
Section 25. The General Assembly may enact laws under which
municipalities and the County of Sussex and the County of Kent and the
County of New Castle may adopt zoning ordinances, laws or rules limiting
and restricting to specified districts and regulating therein buildings
and structures according to their construction and the nature and extent
of their use, as well as the use to be made of land in such districts
for other than agricultural purposes; and the exercise of such authority
shall be deemed to be within the police power of the State.
ARTICLE III.
EXECUTIVE
§1. Governor to be supreme executive.
Section 1. The Supreme executive powers of the State shall be vested in
a Governor.
§2. Election of Governor.
Section 2. The Governor shall be chosen by the qualified electors of the
State, once in every four years, at the general election.
§3. Election returns, publications; election by General Assembly.
Section 3. The returns of every election for Governor shall be sealed up
and immediately transmitted to the President of the Senate, or in case
of a vacancy in the Office of President of the Senate, or his absence
from the State to the Secretary of State, who shall keep the same until
a President of the Senate shall be chosen, to whom they shall be
immediately transmitted after his election, who shall open and publish
the same in the presence of the members of both Houses of the General
Assembly. Duplicates of the said returns shall also be immediately
lodged with the Prothonotary of each county. The person having the
highest number of votes shall be Governor; but if two or more shall be
equal in the highest number of votes, the members of the two Houses
shall, by joint ballot, choose one of them to be Governor; and if, upon
such ballot, two or more of them shall still be equal and highest in
votes, the President of the Senate shall have the casting vote.
§4. Contested elections of Governor or Lieutenant Governor.
Section 4. Contested elections of the Governor or Lieutenant-Governor
shall be determined by a joint committee, consisting of one-third of all
the members elected to each House of the General Assembly, to be
selected by ballot of the Houses respectively. Every member of the
committee shall take an oath or affirmation that in determining the said
election he will faithfully discharge the trust reposed in him; and the
committee shall always sit with open doors.
The Chief Justice, or, in case of his absence or disability, the
Chancellor shall preside at the trial of any contested election of
Governor or Lieutenant-Governor, and shall decide questions regarding
the admissibility of evidence, and shall, upon request of the committee,
pronounce his opinion upon other questions of law involved in the trial.
§5. Term of office.
Section 5. The Governor shall hold his office during four years from the
third Tuesday in January next ensuing his election; and shall not be
elected a third time to said office.
§6. Qualifications.
Section 6. The Governor shall be at least thirty years of age, and have
been a citizen and inhabitant of the United States twelve years next
before the day of his election, and the last six years of that term an
inhabitant of this State, unless he shall have been absent on public
business of the United States or of this State.
§7. Compensation.
Section 7. The Governor shall, at stated times, receive for his services
an adequate salary to be fixed by law, which shall be neither increased
nor diminished during the period for which he shall have been elected.
§8. Governor as commander-in-chief of State armed forces.
Section 8. He shall be commander-in-chief of the army and navy of this
State, and of the militia, except when they shall be called into the
service of the United States.
§9. Appointing power; recess appointments; confirmation.
Section 9. He shall have power, unless herein otherwise provided, to
appoint, by and with the consent of a majority of all the members
elected to the Senate, such officers as he is or may be authorized by
this Constitution or by law to appoint. He shall have power to fill all
vacancies that may happen during the recess of the Senate, in offices to
which he may appoint, except in the offices of Chancellor, Chief Justice
and Associate Judges, by granting Commissions which shall expire at the
end of the next session of the Senate.
He
shall have power to fill all vacancies that may happen in elective
offices, except in the offices of Lieutenant-Governor and members of the
General Assembly, by granting Commissions which shall expire when their
successors shall be duly qualified.
In
case of vacancy in an elective office, except as aforesaid, a person
shall be chosen to said office for the full term at the next general
election, unless the vacancy shall happen within two months next before
such election, in which case the election for said office shall be held
at the second succeeding general election. Unless herein otherwise
provided, confirmation by the Senate of officers appointed by the
Governor shall be required only where the salary, fees and emoluments of
office shall exceed the sum of five hundred dollars annually.
§10. Secretary of State; appointment, term, duties and compensation.
Section 10. The Governor shall appoint, by and with the consent of a
majority of all the members elected to the Senate, a Secretary of State,
who shall hold office during the pleasure of the Governor. He shall keep
a fair register of all the official acts and proceedings of the
Governor, and shall, when required by either House of the General
Assembly lay the same, and all papers, minutes and vouchers, relative
thereto, before such House, and shall perform such other duties as shall
be enjoined upon him by law. He shall have a compensation for his
service to be fixed by law.
§11. County officers; qualifications; Members of Congress, federal
employees and other officers holding dual office.
Section 11. No person shall be elected or appointed to an office within
a County who shall not have a right to vote for a Representative in the
General Assembly, and have been a resident therein one year next before
his election or appointment, nor hold the office longer than he
continues to reside in the County, unless herein otherwise provided.
No
member of Congress, nor any person holding or exercising any office
under the United States, except officers usually appointed by the courts
of Justice respectively and attorneys-at-law, shall at the same time
hold or exercise any office of profit under this State, unless herein
otherwise provided.
No
person shall hold more than one of the following offices at the same
time, to wit: Secretary of State, Attorney-General, Insurance
Commissioner, State Treasurer, Auditor of Accounts, Prothonotary, Clerk
of the Peace, Register of Wills, Recorder, or Sheriff.
§12. Commissions.
Section 12. All Commissions shall be in the name of the State, and shall
be sealed with the great seal and signed by the Governor.
§13. Removal of officers by Governor; procedure.
Section 13. The Governor may for any reasonable cause remove any
officer, except the Lieutenant-Governor and members of the General
Assembly, upon the address of two-thirds of all the members elected to
each House of the General Assembly. Whenever the General Assembly shall
so address the Governor, the cause of removal shall be entered on the
journals of each House. The person against whom the General Assembly may
be about to proceed shall receive notice thereof, accompanied with the
cause alleged for his removal, at least ten days before the day on which
either House of the General Assembly shall act thereon.
§14. Reports from executive departments.
Section 14. The Governor may require information in writing from the
officers in the executive department, upon any subject relating to the
duties of their respective offices.
§15. Messages to General Assembly.
Section 15. He shall, from time to time, give to the General Assembly
information of affairs concerning the State and recommend to its
consideration such measures as he shall judge expedient.
§16. Special sessions of General Assembly; adjournment; special session
of Senate.
Section 16. He may on extraordinary occasions convene the General
Assembly by proclamation; and in case of disagreement between the two
Houses with respect to the time of adjournment, adjourn them to such
time as he shall think proper, not exceeding three months. He shall have
power to convene the Senate in extraordinary session by proclamation,
for the transaction of executive business.
§17. Execution of laws.
Section 17. He shall take care that the laws be faithfully executed.
§18. Approval or veto of bills, orders, resolutions or votes; repassage
over veto.
Section 18. Every bill which shall have passed both Houses of the
General Assembly shall, before it becomes law, be presented to the
Governor; if he approves, he shall sign it; but if he shall not approve,
he shall return it with his objections to the House in which it shall
have originated, which House shall enter the objections at large on the
journal and proceed to reconsider it. If, after such reconsideration,
three-fifths of all the members elected to that House shall agree to
pass the bill, it shall be sent together with the objections to the
other House, by which it shall likewise be reconsidered, and if approved
by three-fifths of all the members elected to that House, it shall
become a law; but in neither House shall the vote be taken on the day on
which the bill shall be returned to it. In all such cases the votes of
both Houses shall be determined by yeas and nays, and the names of the
members voting for and against the bill shall be entered on the journal
of each House respectively. If any bill shall not be returned by the
Governor within ten days, Sundays excepted, after it shall have been
presented to him, the same shall be a law in like manner as if he had
signed it, unless the General Assembly shall, by final adjournment,
prevent its return, in which case it shall not become a law without the
approval of the Governor.
For purposes of return of Bills not approved by the Governor the General
Assembly shall be considered to be continuously in Session until final
adjournment and the Clerk of the House of Representatives and the
Secretary of the Senate shall be deemed proper recipients of such
returned bills during recess or adjournment of the General Assembly
other than final adjournment.
No
bill shall become a law after the final adjournment of the General
Assembly, unless approved by the Governor within thirty days after such
adjournment. The Governor shall have power to disapprove of any item or
items of any bill making appropriations of money, embracing distinct
items, and the part or parts of the bill approved shall be the law, and
the item or items of appropriation disapproved shall be void, unless
repassed according to the rules and limitations prescribed for the
passage of other bills, over the Executive veto. Every order,
resolution, or vote to which the concurrence of both Houses of the
General Assembly may be necessary, except on a question of adjournment,
shall be presented to the Governor, and before the same shall take
effect be approved by him, or being disapproved by him, shall be
repassed by three-fifths of all the members elected to each House of the
General Assembly, according to the rules and limitations prescribed in
the case of a bill. Every order and resolution to which the concurrence
of both Houses of the General Assembly may be necessary, except on a
question of adjournment and those matters dealing solely with the
internal or administrative affairs of the General Assembly, shall be
presented to the Governor, and before the same shall take effect be
approved by him, or being disapproved by him, shall be repassed by
three-fifths of all the members elected to each House of the General
Assembly, according to the rules and limitations prescribed in the case
of a bill.
§19. Lieutenant-Governor; election, term and qualifications; President
of the Senate; Compensation.
Section 19. A Lieutenant-Governor shall be chosen at the same time, in
the same manner, for the same term, and subject to the same provisions
as the Governor; he shall possess the same qualifications of eligibility
for office as the Governor; he shall be President of the Senate, but
shall have no vote unless the Senate be equally divided.
The Lieutenant-Governor, for his services as President of the Senate,
shall receive the same compensation as the Speaker of the House of
Representatives, the Lieutenant-Governor, for his services as a member
of the Board of Pardons and for all other duties of the said office
which may be provided by law, shall receive such compensation as shall
be fixed by the General Assembly.
§20. Vacancy in offices of both Governor and Lieutenant-Governor;
officers eligible to act; disability of Governor.
Section 20. (a) In case the person elected Governor shall die or become
disqualified before the commencement of his term of office, or shall
refuse to take the same, or in case of the removal of the Governor from
office, or of his death, resignation, or inability to discharge the
powers and duties of the said office, the same shall devolve on the
Lieutenant-Governor; and in case of removal, death, resignation, or
inability of both the Governor and Lieutenant-Governor, the Secretary of
State, or if there be none, or in case of his removal, death,
resignation, or inability, then the Attorney General, or if there be
none, or in case of his removal, death, resignation, or inability, then
the President pro tempore of the Senate or if there be none, or in case
of his removal, death, resignation, or inability, then the Speaker of
the House of Representatives shall act as Governor until the disability
of the Governor or Lieutenant-Governor is removed, or a Governor shall
be duly elected and qualified.
The foregoing provisions of this section shall apply only to such
persons as are eligible to the office of Governor under this
Constitution at the time the powers and duties of the office of Governor
shall devolve upon them respectively.
Whenever the powers and duties of the office of Governor shall devolve
upon the Lieutenant-Governor, Secretary of State, or Attorney General,
his office shall become vacant; and whenever the powers and duties of
the office of Governor shall devolve upon the President pro tempore of
the Senate, or the Speaker of the House of Representatives, his seat as
a member of the General Assembly shall become vacant; and any such
vacancy shall be filled as directed by this Constitution; provided,
however, that such vacancy shall not be created in case either of the
said persons shall be acting as Governor during a temporary disability
of the Governor.
(b) Whenever the Governor transmits to the President pro tempore of the
Senate and the Speaker of the House of Representatives his written
declaration that he is unable to discharge the powers and duties of his
office, and until he transmits to them a written declaration to the
contrary, such powers and duties shall be discharged by the
Lieutenant-Governor as Acting Governor.
Whenever the Chief Justice of the Delaware Supreme Court, the President
of the Medical Society of Delaware and the Commissioner of the
Department of Mental Health, acting unanimously, transmit to the
President pro tempore of the Senate and the Speaker of the House of
Representatives, their written declaration that the Governor is unable
to discharge the powers and duties of his office because of mental or
physical disability, the Lieutenant-Governor shall immediately assume
the powers and duties of the office as Acting Governor.
Thereafter, when the Governor transmits to the President pro tempore of
the Senate and the Speaker of the House of Representatives his written
declaration that no disability exists, he shall resume the powers and
duties of his office unless the Chief Justice of the Supreme Court of
Delaware, the President of the Medical Society of Delaware and the
Commissioner of the Department of Mental Health, acting unanimously,
transmit within five days to the President pro tempore of the Senate and
the Speaker of the House of Representatives their written declaration
that the Governor is unable to discharge the powers and duties of his
office because of mental or physical disability. Thereupon the General
Assembly shall decide the issue, assembling within seventy-two hours for
that purpose if not then in session. If the General Assembly within ten
days after receipt of the latter written declaration determines by
two-thirds vote of all the members elected to each house that the
Governor is unable to discharge the powers and duties of his office
because of mental or physical disability, the Lieutenant-Governor shall
continue to discharge same as Acting Governor; otherwise, the Governor
shall resume the powers and duties of his office.
§21. Election and Term of Office for Certain State Officers.
Section 21. The terms of the office of the Attorney General, the
Insurance Commissioner, the Auditor of Accounts and the State Treasurer
shall be four years. These officers shall be chosen by the qualified
electors of the State at general elections, and be commissioned by the
Governor. (The four-year term for the offices of Auditor of Accounts and
State Treasurer shall be effective commencing with the elections to be
held in the year 1982.) (Amended 1980)
§22. Election and term of office of certain county officers; commission;
successive terms of sheriff.
Section 22. The terms of office of Prothonotaries, Clerks of the Peace,
Registers of Wills, Recorders, Registers in Chancery, Clerks of the
Orphans' Court and Sheriff shall be four years. These officers shall be
chosen by the qualified electors of the respective counties at general
elections, and be commissioned by the Governor. (1-30-86)
§23. Place of office of certain county officers.
Section 23. Prothonotaries, Clerks of the Peace, Registers of Wills,
Recorders, Registers in Chancery, Clerks of the Orphans' Court and
Sheriffs shall keep their offices in the town or place in each county in
which the Superior Court is usually held.
§24. Abolition of office of Clerk of Orphans' Court; transfer of
functions.
Section 24. The General Assembly shall have power to transfer all or any
part of the powers, functions and records of the Clerk of the Orphans'
Court for any county to such other office or offices as it deems
appropriate, and to abolish the office of Clerk of the Orphans' Court
for any county.
ARTICLE IV.
JUDICIARY
§1. Creation of courts.
Section 1. The judicial power of this State shall be vested in a Supreme
Court, a Superior Court, a Court of Chancery, an Orphans' Court, 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.
§2. Justices of Supreme Court and other state Judges; qualifications;
residence; precedence; retiree sitting temporarily.
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 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.
There shall be seven other State Judges who shall be citizens of the
State and learned in the law. One of them shall be Chancellor, one of
them Vice-Chancellor, one of them President Judge of the Superior Court
and of the Orphans' Court, and the remainder of them Associate Judges of
the Superior Court and of the Orphans' Court. Three of said Associate
Judges shall be Resident Associate Judges and one of them shall after
appointment reside in each county of the State.
There shall also be such number of additional Vice-Chancellors and
Associate Judges as may hereinafter be provided for by Act of the
General Assembly. Each of such Vice-Chancellors and Associate 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 Associate 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.
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, shall be
authorized to sit temporarily in the court from which he retired or in
any other court to which he could be designated under the Constitution
and statues of the State if he still held the judicial position from
which he 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 paragraph means a Chancellor or Vice-Chancellor of the
Chancery Court or a President Judge or Associate Judge of the Superior
Court.
§3. Appointment of judges; terms of office; vacancies; political
representation; confirmation of appointment.
Section 3. The Justices of the Supreme Court, the Chancellor and the
Vice-Chancellor or Vice-Chancellors, and the President Judge and
Associate Judges of the Superior Court shall be appointed by the
Governor, by and with the consent of a majority of all the members
elected to the Senate, for the term of twelve 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 appointment within
sixty (60) days after the occurrence of a vacancy however 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 (60) days
after the happening of any such vacancy convene the Senate for the
purpose of confirming his 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 shall 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 sixty (60) days after the
expiration of the term. In all instances the term of a new or
reappointed Justice of the Supreme Court, Chancellor or Vice-Chancellor,
President Judge or Associate Judge of the Superior Court shall begin on
the date that the oath of office is taken, thus qualifying the
individual to serve, but the appointment shall be forfeit if such oath
is not taken within thirty (30) days of confirmation. (6-28-83)
Appointments to the offices 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 and Orphans' 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 and Orphans'
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, 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 that he intends to submit to the Senate for confirmation
as an appointment to such vacancy the name of the person he intends to
appoint.
§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
Vice-Chancellor or Vice-Chancellors, and the President Judge and
Associate Judges of the Superior Court and of the Orphans' 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.
§5. Composition of Superior Court and Orphans' Court; presiding judge;
quorum.
Section 5. The President Judge of the Superior Court and the Orphans'
Court and the Associate Judges thereof shall compose the Superior Court
and the Orphans' Court, as hereinafter prescribed. In each of the said
courts the President Judge when present shall preside, and in his
absence the senior Associate 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.
§6. Sections of Superior Court and Orphans' Courts.
Section 6. Subject to the provisions of Section 5 of this Article two or
more sessions of the Superior Court and of the Orphans' Court may at the
same time be held in the same County or in different counties.
§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 other the
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.
§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 and of the Orphans' Court, as
provided for in this amended Article IV of this Constitution.
§9. Jurisdiction of Orphans' Court.
Section 9. The Orphans' Court shall have all the jurisdiction and powers
vested by the laws of this State in the Orphans' Court.
§10. Composition and jurisdiction of Court of Chancery; initiation and
decisions in causes and proceedings.
Section 10. The Chancellor and 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-Chancellors who hears them, respectively.
§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.
(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 receive appeals from the Orphans' Court and to determine finally
all matters of appeal in the interlocutory or final decrees and
judgments and other proceedings in the Orphans' Court.
(6) To issue writs of prohibition, quo warranto, certiorari and mandamus
to the Superior Court, the Court of Chancery and the Orphans' court, 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.
(7) 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.
(8) 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. (9) 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, or the
highest appellate court of any other state, 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. (1-28-93)
§l2. 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 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 sat below. Any one of the
Justices of the Supreme Court may open and adjourn court. (1/13/94)
§l3. Administrative head of courts; supervisory powers; designation of
judges to sit in Court of Chancery, the Superior Court or the Orphans'
Court.
Section 13. The Chief Justice of the Supreme Court, or in case of his
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:
(l) 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 (l) 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, or in his absence or
incapacity by the next qualified and available Vice-Chancellor who by
seniority is next in rank to the Chancellor, or upon the written request
made by the President Judge of the Superior Court, or in his absence or
incapacity by the next qualified and available Associate Judge who by
seniority is next in rank to the President Judge, to designate one or
more of the State Judges (including the Justices of the Supreme Court)
to sit in the Court of Chancery or the Superior Court, 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 l4 of this Article. (1/13/94)
§14. Power of law judges to grant restraining orders and preliminary
injunction.
Section 14. The President Judge of the Superior Court and of the
Orphans' Court or any associate 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 Associate Judge shall have power,
during the absence of the chancellor and all the Vice-Chancellors from
the State or his 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.
§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
by 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.
§16. Scope of jurisdiction and process; costs.
Section 16. The jurisdiction of each of the aforesaid courts shall be
co-extensive 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.
§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 Orphans' Court or the Court of
Chancery, in any matter, or giving any power to either of the said
courts. The General Assembly shall also have power to confer upon the
Superior Court, the Orphans' Court 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.
§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 of the Orphans' Court and the
Associate 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.
§19. Instructions to jury.
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.
§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
judgement rendered upon their decision thereon as upon a verdict by a
jury.
§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 judgement, 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.
§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 shall not recover a
greater sum than that so paid into court for him, he shall not recover
any costs accruing after such payment, except where the plaintiff is an
executor or administrator.
§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 had voluntarily made
himself 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.
§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 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
fails to make his plea good.
§25. Time for writ of error on confession of judgement; exceptions.
Repealed, 51, Del. Laws, c. 78.
§26. Prothonotary as Clerk of Superior Court; powers and duties; entry
of testatum fieri facias.
Section 26. The Prothonotary of each county shall be the Clerk of the
Superior Court in and for the county in which he holds office. He may
issue process, take recognizance of bail and enter judgements, according
to law and the practice of the Court. No judgement 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.
§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 shall receive from the
State for his services a compensation which shall be fixed from time to
time by the said Court and paid monthly.
§28. Criminal jurisdiction of interior 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
this 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).
§29. Justices of the peace; term of office.
Section 29 |