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Delaware Code Title 10. Courts and Judicial Procedure § 1804. Special emergency judges

Current as of January 01, 2022 | Updated by FindLaw Staff

(a) A special emergency judge may exercise the powers and discharge the duties of an office under this chapter if both of the following apply:

(1) If a judge appointed under Article IV, § 2 of the Delaware Constitution is unavailable to exercise the powers and discharge the duties of the judge's office.

(2) If no other judge authorized to act in the event of absence, disability, or vacancy or no special judge appointed in accordance with the provisions of the Delaware Constitution or other law of this State is available to exercise the powers and discharge the duties of such office.

(b) Each Governor shall do all of the following:

(1) Designate for each member of the Supreme Court and the Superior Court not less than 3 nor more than 7 special emergency judges.

(2) Specify the order of succession of the individuals selected under paragraph (b)(1) of this section.

(3) Review and revise, as necessary, designations made under this subsection to ensure that at all times there are at least 3 qualified special emergency judges for each member of the Supreme Court and the Superior Court.

(c) A special emergency judge designated under subsection (b) of this section shall, in the order specified, exercise the powers and discharge the duties of an office under this chapter if a regular judge or another special emergency judge immediately preceding the special emergency judge in the order of designation is unavailable.

(d) A special emergency judge shall exercise the powers and discharge the duties of an office under this chapter until such time as a vacancy that exists is filled in accordance with the Delaware Constitution or other law of this State, or until the regular judge or another special emergency judge preceding the special emergency judge in the order of succession becomes available to exercise the powers and discharge the duties of the office.

(e) An individual may not be designated or serve as a special emergency judge unless the individual may, under the Delaware Constitution or other law of this State, hold the office of the judge to whose powers and duties the individual is designated to succeed.

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Cite this article: FindLaw.com - Delaware Code Title 10. Courts and Judicial Procedure § 1804. Special emergency judges - last updated January 01, 2022 | https://codes.findlaw.com/de/title-10-courts-and-judicial-procedure/de-code-sect-10-1804/

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