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Current as of January 01, 2026 | Updated by Findlaw Staff
(a) There shall be 5 Justices of the Supreme Court who shall be citizens of this State and learned in the law. One of them shall be the Chief Justice who shall be designated as such by appointment and who when present shall preside at all sittings of the Court. In the absence of the Chief Justice, the Justice present who is senior in length of service shall preside. If it is otherwise impossible to determine seniority among the Justices, they shall determine it by lot and certify accordingly to the Governor.
(b) In addition to members of the Supreme Court there shall be other State Judges, who shall be citizens of the State and learned in the law. They shall include: (1) the Chancellor and the Vice-Chancellors; (2) The President Judge and the Judges of the Superior Court, 3 of whom shall be Resident Judges and 1 of whom shall after appointment reside in each county of this State; (3) the Chief Judge and the Judges of the Family Court; (4) the Chief Judge and Judges of the Court of Common Pleas, 1 of whom after appointment shall reside in each county of this State; and (5) the Chief Magistrate of the Justice of the Peace Court.
(c) There shall also be such number of additional Vice-Chancellors and Judges as may hereinafter be provided for by Act of the General Assembly. Each of such Vice-Chancellors and Judges shall be citizens of this State and learned in the law.
(d) If it is otherwise impossible to determine seniority of service among the Vice-Chancellors or among the Judges, they shall determine it by lot respectively and certify accordingly to the Governor.
(e) The tenure and status of the Justices of the Supreme Court and State Judges as shall have been appointed as provided for by the Constitution or by Act of the General Assembly before May 14, 1951, shall in no wise be affected.
Cite this article: FindLaw.com - Constitution of the State of Delaware, Art. IV, § 2. Justices of Supreme Court and other State Judges; qualifications; residence; precedence - last updated January 01, 2026 | https://codes.findlaw.com/de/constitution-of-the-state-of-delaware/de-const-art-4-sect-2/
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