Delaware General Assembly


CHAPTER 213

FORMERLY

SENATE BILL NO. 199

AN ACT TO AMEND TITLES 7, 9, 10, 15, 29 AND 31 OF THE DELAWARE CODE RELATING TO REFERENCES TO ASSOCIATE JUDGES.

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

Section 1. Amend section 4106, Title 7 of the Delaware Code by striking the phrase “resident associate judge” in the second sentence of subsection (a) and substituting in lieu thereof the phrase ‘resident judge”

Section 2. Amend section 4304, Title 7 of the Delaware Code by striking the phrase “resident associate judge” in the second sentence of subsection (a) and substituting in lieu thereof the phrase “resident judge”.

Section 3. Amend section 8402, Title 9 of the Delaware Code by striking the phrase “Associate Judge” in the first sentence of subsection (a) and substituting in lieu thereof the word “Judge”.

Section 4. Amend section 8403, Title 9 of the Delaware Code by striking the phrase “Resident Associate Judge” and substituting in lieu thereof the phrase “Resident Judge”.

Section 5. Amend section 9118, Title 9 of the Delaware Code by striking the phrase “Associate Judge” in the first sentence of subsection (a) and substituting in lieu there of the word “Judge”.

Section 6. Amend section 9204, Title 9 of the Delaware Code by striking the phrase “Resident Associate Judge” in the first sentence of subsection (a) and substituting in lieu thereof the phrase “Resident Judge”.

Section 7. Amend section 9302, Title 9 of the Delaware Code by striking the phrase “Resident Associate Judge” in subsection (a) and substituting in lieu thereof the phrase “Resident Judge”.

Section 8. Amend section 9303, Title 9 of the Delaware Code by striking the phrase “Resident Associate Judge” and substituting in lieu thereof the phrase “Resident Judge”.

Section 9. Amend section 9615, Title 9 of the Delaware Code by striking the phrase “Resident Associate Judge” in subsection (a) and substituting in lieu thereof the phrase “Resident Judge”.

Section 10. Amend section 9615, Title 9 of the Delaware Code by striking the phrase “Resident Associate Judge” in the first sentence of subsection (c) and substituting in lieu thereof the phrase “Resident Judge”.

Section 11. Amend section 9615, Title 9 of the Delaware Code by striking the phrase “Resident Associate Judge” in the first sentence of subsection (d) and substituting in lieu thereof the phrase “Resident Judge”.

Section 12. Amend section 9621, Title 9 of the Delaware Code by striking the phrase “Resident Associate Judge” after the phrase “on and after January 10, 1968, under the supervision and subject to the approval of the” in subsection (a) and substituting in lieu thereof the phrase “Resident Judge”.

Section 13. Amend section 9621, Title 9 of the Delaware Code by striking the phrase “approved by such Resident Associate Judge” after the phrase “according to some modern and accurate system which may be authorized and” in subsection (a) and substituting in lieu thereof the phrase “approved by such Resident Judge”.

Section 14. Amend section 9621, Title 9 of the Delaware Code by striking the phrase “subject to the approval of the Resident Associate Judge” at the end of subsection (a) and substituting in lieu thereof the phrase “subject to the approval of the Resident Judge”.

Section 15. Amend section 9621, Title 9 of the Delaware Code by striking the phrase “approval of the Resident Associate Judge” at the end of subsection (b) and substituting in lieu thereof the phrase “approval of the Resident Judge”.

Section 16. Amend section 9621, Title 9 of the Delaware Code by striking the phrase “subject to the approval of the Resident Associate Judge” in subsection (e) and substituting in lieu thereof the phrase “subject to the approval of the Resident Judge”.

Section 17. Amend section 103, Title 10 of the Delaware Code by striking existing subsections (a) and (b) and substituting in lieu thereof the following:

“The Chief Justice and each of the Justices of the Supreme Court shall receive such compensation as shall be provided by law.”

Section 18. Amend section 128, Title 10 of the Delaware Code by striking the phrase “an Associate Judge of the Superior Court” in subsection (c) and substituting in lieu thereof the phrase “a Judge of the Superior Court”.

Section 19. Amend section 304, Title 10 of the Delaware Code by striking subsections (a) and (b) and substituting in lieu thereof the following:

“The Chancellor and each Vice-Chancellor shall receive such compensation as shall be provided by law.”

Section 20. Amend section 503, Title 10 of the Delaware Code by striking subsections (a) and (b) and substituting in lieu thereof the following:

“The President Judge and each Judge of the Superior Court shall receive such compensation as shall be provided by law.”

Section 21. Amend section 509, Title 10 of the Delaware Code by striking the title and substituting in lieu thereof the title “Additional Judges”.

Section 22. Amend section 509, Title 10 of the Delaware Code by striking the phrase “Associate Judges” after the phrase “There shall be 14” and substituting in lieu thereof the word “Judges”.

Section 23. Amend section 509, Title 10 of the Delaware Code by striking the phrase “Associate Judges” after the number “4” and substituting in lieu thereof the word “Judges”.

Section 24. Amend section 543, Title 10 of the Delaware Code by striking the phrase “Resident Associate Judge” in the title of the section and substituting in lieu thereof the phrase “Resident Judge”.

Section 25. Amend section 543, Title 10 of the Delaware Code by striking the phrase “Resident Associate Judge” after the phrase “unavailability for any reason of any” and substituting in lieu there of the phrase “Resident Judge”.

Section 26. Amend section 543, Title 10 of the Delaware Code by striking the phrase “Associate Judge” after the phrase “performed in all respects by the President Judge, or any other” and substituting in lieu thereof the word “Judge”.

Section 27. Amend section 543, Title 10 of the Delaware Code by striking the phrase “Resident Associate Judge” after the phrase “as by the” at the end of the section and substituting in lieu thereof the phrase “Resident Judge”.

Section 28. Amend section 906, Title 10 of the Delaware Code by striking the phrase “and the remainder shall be Associate Judges” in the second sentence of subsection (b).

Section 29. Amend section 906, Title 10 of the Delaware Code by striking the word “Associate” after the phrase “10 of the” and before the word “Judges” in the third sentence of subsection (e).

Section 30. Amend section 906, Title 10 of the Delaware Code by striking the word “Associate” after the number “3” and before the phrase “Judges shall reside in Kent County” in the third sentence of subsection (e).

Section 31. Amend section 906, Title 10 of the Delaware Code by striking the word “Associate” after the phrase “and 3” and before the phrase “Judges shall reside in Sussex County” in the third sentence of subsection (e).

Section 32. Amend section 906, Title 10 of the Delaware Code by striking subsection (f) and substituting in lieu thereof the following:

“The Chief Judge and each of the Judges of the Family Court shall receive such compensation as shall be provided by law.”

Section 33. Amend section 907, Title 10 of the Delaware Code by striking the phrase “senior Associate Judge” in the first sentence and substituting in lieu thereof the phrase “senior Judge”.

Section 34. Amend section 908, Title 10 of the Delaware Code by striking the phrase “senior Associate Judge” at the beginning of the section and substituting in lieu thereof the phrase “senior Judge”.

Section 35. Amend section 908, Title 10 of the Delaware Code by striking the phrase “Associate Judges” in the first sentence of subsection (6) and substituting in lieu thereof the word “Judges”.

Section 36. Amend section 1904, Title 10 of the Delaware Code by striking the phrase “Associate Judges” in the last sentence and substituting in lieu thereof the word “Judges”.

Section 37. Amend section 1908, Title 10 of the Delaware Code by striking the phrase “the senior associate justice” in subsection (a) and substituting in lieu thereof the phrase “Senior Justice”

Section 38. Amend section 2101, Title 15 of the Delaware Code by striking the phrase “Resident Associate Judge” in subsection (b) and substituting in lieu thereof the phrase “Resident Judge”.

Section 39. Amend section 5701, Title 15 of the Delaware Code by striking the first sentence of subsection (b) and substituting in lieu thereof:

“For the purposes of this chapter, the Superior Court shall consist in New Castle County of the President Judge and the Resident Judge; in Kent County Chancellor and the Resident Judge; and in Sussex County of the Resident Judge and one of the remaining judges.”

Section 40. Amend section 5715, Title 15 of the Delaware Code by striking the phrase “Resident Associate Judge” in subsection (a)(3) and substituting in lieu thereof the phrase “Resident Judge”.

Section 41. Amend section 2712, Title 29 of the Delaware Code by striking the phrase “Associate Judges of the Superior Court” in subsection (c) and substituting in lieu thereof the phrase “Judges of the Superior Court”.

Section 42. Amend section 2712, Title 29 of the Delaware Code by striking the phrase “Associate Judges of the Family Court” in subsection (c) and substituting in lieu thereof the phrase “Judges of the Family Court”.

Section 43. Amend section 3303, Title 29 of the Delaware Code by striking the phrase “and all judges, associate judges and court commissioners of the Superior Court,” in subsection (a) and substituting in lieu thereof the phrase “and all judges and court commissioners of the Superior Court,”

Section 44. Amend section 5804, Title 29 of the Delaware Code by striking the phrase “Associate Justices” in subsection (12) (b)(2) and substituting in lieu thereof the word “Justices”.

Section 45. Amend section 5804, Title 29 of the Delaware Code by striking the phrase “Associate Judges” in subsection (12)(b)(4) and substituting in lieu thereof the word “Judges”.

Section 46. Amend section 5804, Title 29 of the Delaware Code by striking the phrase “Associate Judges” in subsection (12)(b)(5) and substituting in lieu thereof the word “Judges”.

Section 47. Amend section 5804, Title 29 of the Delaware Code by striking the phrase “Resident Judges” in subsection (13)(f) and substituting in lieu thereof the word “Judges”.

Section 48. Amend section 5804, title 29 of the Delaware Code by striking the phrase “Associate Justices” in subsection (13)(b) and substituting in lieu thereof the word “Justices”.

Section 49. Amend section 5804, Title 29 of the Delaware Code by striking the phrase “Associate Judges” in subsection (13)(d) and substituting in lieu thereof the word “Judges”.

Section 50. Amend section 5804, Title 29 of the Delaware Code by striking the phrase “Associate Judges” in subsection (13)(e) and substituting in lieu thereof the word “Judges”.

Section 51. Amend section 5804, Title 29 of the Delaware Code by striking the phrase “Resident Judges” in subsection (13)(f) and substituting in lieu thereof the word “Judges”.

Section 52. Amend section 5812, Title 29 of the Delaware Code by striking the phrase “Associate Justices” in subsection (n)(1)(e) and substituting in lieu thereof the word “Justices”.

Section 53. Amend section 5812, Title 29 of the Delaware Code by striking the phrase “Associate Judges” in subsection (n)(1)(g) and substituting in lieu thereof the word “Judges”.

Section 54. Amend section 5812, Title 29 of the Delaware Code by striking the phrase “Associate Judges” in subsection (n)(1)(h) and substituting in lieu thereof the word “Judges”.

Section 55. Amend section 5812, Title 29 of the Delaware Code by striking the phrase “Resident Judges” in subsection (n)(1) (i) and substituting in lieu thereof the word “Judges”.

Section 56. Amend section 363, Title 31 of the Delaware Code by striking the phrase “Associate Judge” in the third sentence and substituting in lieu thereof the word “Judge”.

Section 57. Amend section 364, Title 31 of the Delaware Code by striking the phrase “Resident Associate Judge” in the second sentence and substituting in lieu thereof the word “Resident Judge”.

Section 58. Amend section 3605, Title 31 of the Delaware Code by striking the phrase “an associate judge” in subsection (a) and replacing it with the phrase “a judge”

Approved May 1, 2008