Delaware General Assembly


CHAPTER 81

AN ACT TO AMEND TITLE 10, DELAWARE CODE, RELATING TO THE NUMBER, METHOD OF APPOINTMENT, TERMS AND QUALIFICATIONS OF THE JUDGES OF THE FAMILY COURT FOR NEW CASTLE COUNTY.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Amend Title 10, Delaware Code, by striking out § 904 of Chapter 9 thereof, and substituting in lieu a new § 904 to read as follows:

§ 904. Composition

The Court shall be composed of, be in charge of, and be presided over by three Judges, of equal authority and rank, who may hold Court separately, jointly or concurrently.

Section 2. Further amend Title 10, Delaware Code, by striking out § 907 of Chapter 9 thereof, and substituting in lieu a new § 907, to read:

§ 907. Appointment of Judges; terms; qualifications

(a) Any Judge necessary to bring the Composition of the Court up to the number required in § 904 hereof, shall be appointed and commissioned by the Governor, by and with the consent of a majority of all members elected to the Senate.

(b) Judges shall be appointed for terms of twelve years, and unless disqualified in some manner other than expiration of their respective terms, shall serve until their respective successors are qualified.

(c) Not more than two (2) of the three (3) Judges shall be appointed from the major political party and one (1) from the opposite major political party.

(d) The Judges shall be residents of New Castle County. They shall be duly admitted to the practice of law in Delaware and selected with reference to their interest and experience in, and understanding of the problems of family and child welfare. They shall be eligible for reappointment and during their tenure of office shall not engage in the private practice of law.

Approved June 28, 1963.