House Bill 166
152nd General Assembly (Present)
House Administration 5/18/23
Committee Hearing takes place within twelve legislative days.
AN ACT PROPOSING AN AMENDMENT TO SECTION 3 OF ARTICLE IV OF THE DELAWARE CONSTITUTION RELATING TO THE APPOINTMENT OF JUDGES.
This Act is the first leg of a constitutional amendment that requires the Governor to select judicial candidates from a list provided by a Judicial Nominating Commission. Although the Governor currently selects judicial nominees through a Judicial Nominating Commission created by Executive Order, this bill codifies the Judicial Nominating Commission into the State Constitution. The Judicial Nominating Commission shall consist of 12 members appointed by the Governor, provided that 4 members reside in New Castle County; 4 members reside in Kent County; and 4 members reside in Sussex County. No member shall hold elective constitutional office during the member’s term on the Commission.
A First Leg amendment must be approved by the next General Assembly to become part of the Constitution. A Second Leg amendment becomes part of the Constitution upon passage of both Chambers of the subsequent General Assembly.