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Title 10 Courts and Judicial Procedure

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Title 10 Courts and Judicial Procedure Title 10 Courts and Judicial Procedure NOTICE: The Delaware Code appearing on this site is prepared by the Delaware Code Revisors and the editorial staff of LexisNexis in cooperation with the Division of Research of Legislative Council of the General Assembly, and is considered an official version of the State of Delaware statutory code. This version includes all acts effective as of August 19, 2021, up to and including 83 Del. Laws, c. 126. DISCLAIMER: With respect to the Delaware Code documents available from this site or server, neither the State of Delaware nor any of its employees, makes any warranty, express or implied, including the warranties of merchantability and fitness for a particular purpose, or assumes any legal liability or responsibility for the usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately-owned rights. Please seek legal counsel for help on interpretation of individual statutes. Cover Page Title 10 - Courts and Judicial Procedure Chap. 1 - SUPREME COURT Subchap. I - Organization and Operation Part I Organization, Powers, Jurisdiction and Operation of Courts Chapter 1 SUPREME COURT Subchapter I Organization and Operation § 101. Place of holding Court. ---The Supreme Court shall be held at Dover, except in limited circumstances involving a judicial emergency under Chapter 20 of this title or when the Court determines that the education of the Bar or law students, or the public interest would be advanced by having a special session of the Court in another location. (Code 1852, § 1907; Code 1915, § 3683; Code 1935, § 4235; 10 Del. C. 1953, § 101; 80 Del. Laws, c. 192, § 1.) § 102. Offices for the Justices. ---The Supreme Court may obtain such office space for each of the Justices thereof as shall be necessary and appropriate to permit the Justices to properly carry out their duties. The offices of the respective Justices need not be in Dover and may be in the counties where the Justices, respectively, reside. Bills for such office rent shall be paid by the State Treasurer when approved in writing by any Justice of the Court. (Code 1935, § 4271; 48 Del. Laws, c. 258, § 1; 10 Del. C. 1953, § 102.) § 103. Salaries of Justices. ---The Chief Justice and each of the Justices of the Supreme Court shall receive such compensation as shall be provided by law. (Code 1852, § 467; 26 Del. Laws, c. 58; Code 1915, § 395; 30 Del. Laws, c. 44; 37 Del. Laws, c. 41; Code 1935, § 369; 46 Del. Laws, c. 248; 47 Del. Laws, c. 200; 48 Del. Laws, c. 260; 10 Del. C. 1953, § 103; 52 Del. Laws, c. 113, § 1; 55 Del. Laws, c. 403, § 1; 57 Del. Laws, c. 675, § 1; 59 Del. Laws, c. 472, § 1; 62 Del. Laws, c. 12, § 1; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 213, § 17.) § 104. Purchase of supplies. ---The Supreme Court from time to time may purchase for the Court such furniture, equipment, law books, stationery, and other supplies as may be requisite for the proper operation of the Court. (Code 1935, § 4272B; 48 Del. Laws, c. 258, § 1; 10 Del. C. 1953, § 104; 50 Del. Laws, c. 67, § 1.) § 105. Payment of expenses. ---The payment of the compensation of the Clerk and all other persons appointed or employed by the Court or any Justice thereof under the provisions of subchapter II of this chapter, and the payment for supplies, equipment and other necessary expenses of the Court, including the traveling expenses of the Justices and the officers of the Court, shall be made by the State Treasurer out of funds regularly appropriated for the Supreme Court. (10Subchap. II - Officers and Employees Del. C. 1953, § 105; 50 Del. Laws, c. 67, § 2.) Subchapter II Officers and Employees § 121. Clerk of Supreme Court; bond; duties generally. ---(a) Every Clerk of the Supreme Court duly appointed, shall, after being appointed and before entering upon the duties of the office, become bound to the State with sufficient surety by a joint and several obligation in the penal sum of$3,000 the condition of which shall be as follows: ---________________ ---“That if the above named ________________ who has been duly appointed to be Clerk of the Supreme Court shall and do well and diligently execute the duties of the office of Clerk of the Supreme Court as aforesaid and duly and faithfully fulfill and perform all the trusts and duties to the said office appertaining, and truly and without delay deliver to his or her successor in office, the seal and all the books, records and papers belonging to such office, safe and undefaced, then this obligation shall be void and of no effect or else shall remain in full force and virtue.” ---________________ Page 1 Title 10 - Courts and Judicial Procedure ---(b) The sufficiency of the surety and the form of the bond shall be subject to the approval of a Justice of the Court. ---(c) The Clerk shall be custodian of the seal, the books, the records and the papers of the Court, and shall perform such duties as the Court may direct. (Code 1852, §§ 441-443; 14 Del. Laws, c. 42; 16 Del. Laws, c. 24; 23 Del. Laws, c. 60, § 3; Code 1915, § 379; 30 Del. Laws, c. 43; Code 1935, § 348; 10 Del. C. 1953, § 121; 50 Del. Laws, c. 67, § 3; 70 Del. Laws, c. 186, § 1.) § 122. Cancellation of Clerk’s bond. ---The bond of the Clerk of the Supreme Court provided for in § 121 of this title shall be canceled 3 years after the expiration of the Clerk’s term of office and shall, after such time cease to be a lien on any property of any kind of the Clerk or the Clerk’s bondspersons. (Code 1915, § 379A; 28 Del. Laws, c. 34; Code 1935, § 349; 46 Del. Laws, c. 56, § 1; 10 Del. C. 1953, § 122; 70 Del. Laws, c. 186, § 1.) § 123. Court reporter; stenographic and clerical assistants. ---The Supreme Court may from time to time employ a court reporter and such additional stenographic and clerical assistants as may be necessary for the proper operation of the Court. Any such persons shall receive for their services such amounts as the Supreme Court shall from time to time determine. (Code 1935, § 4272; 48 Del. Laws, c. 258, § 1; 10 Del. C. 1953, § 123; 50 Del. Laws, c. 67, § 4.) § 124. Office secretaries. ---Each Justice of the Supreme Court may appoint and remove at pleasure 1 competent stenographer, to be designated as office secretary, whose duties shall be to render the Justice such clerical, stenographic, typewriting and secretarial services as may be required, and who shall receive such compensation as the Justices shall from time to time determine. (Code 1935, § 4272A; 48 Del. Laws, c. 258, § 1; 10 Del. C. 1953, § 124; 50 Del. Laws, c. 67, § 4.) § 125. Certification of appointments. ---The Supreme Court shall certify to the State Auditor and the State Treasurer the names and addresses of the several persons appointed to the offices and positions authorized by this subchapter, the several dates of their appointments, and the monthly compensation to be paid to them. (10 Del. C. 1953, § 125; 50 Del. Laws, c. 67, § 5.) § 126, 127. Deputy Administrator for Justices of the Peace; powers of the Deputy Administrator [Repealed]. ---Repealed by 62 Del. Laws, c. 52, § 1, effective June 1, 1979. § 128. Administrative Office of the Courts. ---(a) The Administrative Office of the Courts is hereby created with a State Court Administrator as head thereof. ---(b) The State Court Administrator shall be appointed by and serve at the pleasure of the Chief Justice of the Supreme Court of the State. In the event the Chief Justice appoints as State Court Administrator an attorney-at-law admitted to practice before the Delaware Supreme Court, such State Court Administrator shall not practice law while serving as State Court Administrator. ---(c) The salary of the State Court Administrator shall be determined by the Chief Justice, but in no event shall be greater than the salary of a Judge of the Superior Court. ---(d) The function of the office shall be to assist the Chief Justice in carrying out his or her constitutional responsibilities as administrative head of all the courts in the State, and the duties of the office shall be as prescribed by the Chief Justice or by rule of the Supreme Court of the State. ---(e) The State Court Administrator may, with the approval of the Chief Justice, appoint such deputies, administrative assistants, and clerical personnel as are required. (10 Del. C. 1953, § 128; 58 Del. Laws, c. 70; 62 Del. Laws, c. 52, § 2; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 190, § 2; 76 Del. Laws, c. 213, § 18.) § 129. Law clerks. ---Law clerks hold major, nontenured advisory positions for the Justices of the Court. The Supreme Court may appoint and remove at pleasure such judicial law clerks as shall be necessary for the proper operation of the Court. (78Subchap. III - General Jurisdiction and Powers; Time for Taking Appeals Del. Laws, c. 51, § 1.) Subchapter III General Jurisdiction and Powers; Time for Taking Appeals § 141. Advisory opinions of Justices upon request of Governor and General Assembly. ---(a) The Justices of the Supreme Court, whenever the Governor of this State or a majority of the members elected to each House may by Page 2 Title 10 - Courts and Judicial Procedure resolution require it for public information, or to enable them to discharge their duties, may give them their opinions in writing touching the proper construction of any provision in the Constitution of this State, or of the United States, or the constitutionality of any law or legislation passed by the General Assembly, or the constitutionality of any proposed constitutional amendment which shall have been first agreed to by 2/3 of all members elected to each House.
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