Delaware General Assembly

CHAPTER 79

FORMERLY

SENATE BILL NO. 120

AN ACT TO AMEND TITLES 10 AND 29 OF THE DELAWARE CODE RELATING TO ASSIGNMENTS AND PENSIONS OF RETIRED JUSTICES OF THE PEACE TO ACTIVE DUTY.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1. Amend Title 10 of the Delaware Code by adding a new section 9211 to read as follows:

"§9211. Assignment of retired justices of the peace to active duty.

(a) Any retired justice of the peace may be designated by the Chief Magistrate, with the approval of the Chief Justice of the Supreme Court, to serve temporarily in any Justice of the Peace Court in the State; provided, however, that the retired justice of the peace: (1) was serving in good standing as a justice of the peace at the time of retirement; (2) had been appointed and confirmed for a second term prior to retirement; (3) assents to such designation; and (4) is not involved or employed in any position which would create a conflict of interest with the position of justice of the peace including, but not limited to, any position concerned with or growing out of the collection of any judgment rendered by a justice of the peace, the private practice of law, the holding of any State office or employment by the State in any capacity.

(b) Any retired justice of the peace accepting an active duty designation shall be compensated on a per diem basis on the formula representing 1/260th of the annual salary for a justice of the peace serving a second term. In no event shall the total annual compensation of the retired justice equal the current annual salary for a justice of the peace serving a second term. Each retired justice serving shall also be reimbursed for their travel necessarily incurred for the performance of such active duty as approval by the Chief Magistrate.

(c) Expenditures for work performed under this section shall be made from funds appropriated for this purpose, from surplus personnel funds contained within the Justice of the Peace Court's appropriation, with the approval of the Administrative Office of the Courts and the Budget Office, and/or from other appropriate funds."

Section 2. Amend §5502(a) of Title 29 by deleting the period "." at the end of paragraph (3) and replacing it with the phrase "; or", and further by adding a new subsection (4) as follows:

"(4) A temporary justice of the peace appointed pursuant to §9211 of Title 10."

Approved June 30, 2001