Delaware General Assembly


CHAPTER 188

AN ACT AMENDING CHAPTER .17 OF TITLE 10, DELAWARE CODE OF 1953, RELATING TO THE JUDGES OF THE MUNICIPAL COURT FOR THE CITY OF WILMINGTON.

Be it enacted by the General Assembly of the State of Delaware (two-thirds of all the Members elected to each House thereof concurring therein):

Section 1. Section 1702 of Title 10, Delaware Code of 1953, is hereby repealed and the following new §1702 is enacted in lieu thereof :

§ 1702. Appointment of judges; terms; qualifications; salary

(a) The Governor shall, with the approval of the Senate, appoint and commission two Judges, each for a term of 12 years and each of whom shall be qualified to hold and preside over the Municipal Court for the City of Wilmington. Both Judges shall not be appointed from the membership of the same political party.

(a) No person shall be eligible to hold the office of Judge of the Municipal Court for the City of Wilmington unless he has been duly licensed to practice law before the Supreme Court of this State for at least five years preceding his appointment and has been a resident of the City of Wilmington for a period of three years prior to the date of his appointment.

(b) 'Whenever used in this Code or in any other law of this State, unless the context requires a different meaning, the term "City Judge" shall mean the two Judges of the Municipal Court for the City of Wilmington.

(c) The Judges of such Court shall receive a compensation equal in the amount as provided for by the Council of the City of Wilmington.

(d) No Judge of such Court shall, upon assuming his duties, practice law during his term of office.

Section 2. This law shall take effect February 1, 1969; provided, however, that the Judges of the Municipal Court now serving shall have the option of completing their respective terms of office without regard to the provisions of subsection (e) of Section 1702.

Approved December 28, 1967.