Bill Text: DE SB43 | 2015-2016 | 148th General Assembly | Draft
Bill Title: An Act To Amend Title 10 Of The Delaware Code Relating To Organization, Powers, Jurisdiction And Operation Of Courts.
Spectrum: Slight Partisan Bill (Democrat 9-3)
Status: (Engrossed - Dead) 2016-04-12 - Amendment HA 1 - Stricken [SB43 Detail]
Download: Delaware-2015-SB43-Draft.html
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SPONSOR: |
Sen. Blevins & Rep. Mitchell & Rep. M. Smith |
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Sens. Bushweller, Ennis, Lopez, Townsend; Reps. Carson, Heffernan, Hudson, J. Johnson, Ramone |
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DELAWARE STATE SENATE 148th GENERAL ASSEMBLY |
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SENATE BILL NO. 43 |
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AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO ORGANIZATION, POWERS, JURISDICTION AND OPERATION OF COURTS. |
Section 1. Amend §1991, Title 10 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§1991 Appointment of commissioner or commissioners; term, vacancies and qualifications.
(a) The Governor shall appoint a commissioner or commissioners, only when so requested by the governing body, for a term of 4 years with the consent of a majority of all of the members elected to the Senate. Upon second and subsequent appointments and confirmations, a commissioner shall hold office for a term of 6 years.
(b) Vacancies in office shall be filled for
the unexpired term by the Governor with the consent of a majority of all of the
members elected to the Senate. Vacancies in office shall be filled for a
term of 4 years by the Governor, with the consent of a majority of all members
elected to the Senate.
(c) A commissioner must be a resident of the
municipality or the county over which the court to which the commissioner is to
be appointed has jurisdiction. Commissioners shall be residents of the
State.
Section 2. Amend §915, Title 10 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§915 Commissioners; appointment; duties; review.
(a) The Governor shall appoint, with the consent
of a majority of all members elected to the Senate, suitable persons to act as
Commissioners of the Family Court, all of whom shall hold office for a term of
4 years and shall be residents of the State for at least 5 years immediately
preceding their appointment. Vacancies in office shall be filled for a
term of 4 years by the Governor, with the consent of a majority of all members
elected to the Senate. Upon second and subsequent appointments and
confirmations, a Commissioner of the Family Court shall hold office for a term
of 6 years. An incumbent Commissioner and/or Master of the Family Court may be
appointed as a Commissioner, so long as the person is duly admitted to practice
before the highest court of any State of the United States. Other appointees
shall be duly admitted to practice law before the Supreme Court of this State.
SYNOPSIS
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This bill reconciles general provisions applicable to Commissioners found in section 1991 with more specific provisions found in 10 Del. C. §511(a) and §1315(a) regarding the appointment of a commissioner when there is a vacancy in office and residency requirements.Family Court's specific provision relating to Commissioners found in section 915 is being updated, to ensure consistency and uniformity in practice. |
Author:Senator Blevins
