Bill Text: DE HB238 | 2023-2024 | 152nd General Assembly | Draft

Delaware House Bill 238

Draft

Bill Title: An Act Proposing An Amendment To Article Iv Of The Delaware Constitution Relating To The Court Of Chancery.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2023-06-16 - Introduced and Assigned to Administration Committee in House [HB238 Detail]

Download: Delaware-2023-HB238-Draft.html

SPONSOR:

Rep. Lynn & Sen. Paradee

HOUSE OF REPRESENTATIVES

152nd GENERAL ASSEMBLY

HOUSE BILL NO. 238

AN ACT PROPOSING AN AMENDMENT TO ARTICLE IV OF THE DELAWARE CONSTITUTION RELATING TO THE COURT OF CHANCERY.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend § 2, Article IV of the Delaware Constitution by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 2. Justices of Supreme Court and other State Judges; qualifications; residence; precedence.

Section 2. (a) 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.

(b) 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.

(c)(1) 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.

(2)a. In addition to the qualifications for appointment to the Court of Chancery under this subsection or under subsection (b) of this Section, an individual must, for at least 1 year immediately before submission of an application for consideration to appointment to the Court of Chancery, be a resident of the county for which the individual is required to be appointed from under paragraph (c)(2)b. of this Section.

b. At least 1 member of the Court of Chancery must be a resident of Kent County and at least 1 member of the Court of Chancery must be a resident of Sussex County.

(d) 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.

(e) 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.

Section 2. This Act applies beginning with the next vacancy of a member of the Court of Chancery who is a resident of New Castle County to occur, whether by expiration of term or otherwise, or with the next Vice-Chancellor position created by Act of the General Assembly, whichever occurs first. A resident of New Castle County may not be appointed as a member of the Court of Chancery until a resident of Kent County is a member of the Court of Chancery and a resident of Sussex County is a member of the Court of Chancery.

SYNOPSIS

This Act is the first leg of a constitutional amendment to require that at least 1 member of the Court of Chancery must be a resident of Kent County and at least 1 member of the Court of Chancery must be a resident of Sussex County.

Because the Court of Chancery currently consists of 6 residents of New Castle County and 1 resident of Sussex County, this Act applies beginning with the next vacancy of a member of the Court of Chancery who is a resident of New Castle County to occur, whether by expiration of term or otherwise, or with the next new Vice-Chancellor position created by Act of the General Assembly, whichever occurs first.

This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution.

Amending the Delaware Constitution requires not only the passing of the changes in this Act, but also passage of the same changes after the next general election by the next General Assembly.

This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.