Delaware General Assembly

House Administration 6/8/23

Committee Hearing takes place within twelve legislative days.

6/8/23

Lynn

Sen. Paradee

AN ACT PROPOSING AN AMENDMENT TO ARTICLE IV OF THE DELAWARE CONSTITITION RELATING TO THE FAMILY COURT.

This Act is the first leg of a constitutional amendment that provides for the Family Court to consist of 19 Judges including the Chief Judge, 10 who must be residents of New Castle County, 4 who must be residents of Kent County and 4 who must be residents of Sussex County at the time they apply for nomination by the Governor. This Act would increase the current Family Court bench by 2 Judges, 1 additional Judge from Kent County and 1 additional Judge from Sussex County. This Act requires a greater than majority 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. Since this is the first leg of a constitutional amendment the next General Assembly must pass an act concurring with this Act for it to become a part of the Delaware Constitution.

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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.

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