Delaware Law Article IV- JUDICIARY
Delaware Constitution – Article IV: Judiciary
🏛️ Overview:
Article IV of the Delaware Constitution establishes the judicial branch of the state government. It outlines the structure, jurisdiction, powers, and appointment procedures for the courts and judicial officers in Delaware.
🔹 Key Provisions of Article IV:
§ 1 – Judicial Power
Judicial power is vested in:
A Supreme Court
A Court of Chancery
A Superior Court
A Family Court
Other courts established by law
§ 2 – Composition of the Courts
Supreme Court: 1 Chief Justice + 4 Justices
Chancery Court: 1 Chancellor + Vice Chancellors as needed
Superior Court & Family Court: 1 President Judge + other judges as required by law
§ 3 – Appointment of Judges
Judges are appointed by the Governor and confirmed by a majority of the State Senate.
Terms are 12 years, and judges serve during good behavior.
§ 4 – Qualifications of Judges
Must be:
U.S. citizens
Residents of Delaware
Licensed attorneys with a minimum number of years of legal experience (varies by court)
§ 5 – Political Balance
No more than a bare majority of judges on any court may belong to the same political party—ensures bipartisanship.
§ 6 – Judicial Salaries
Judges' salaries are set by law and cannot be reduced during their term.
§ 7 – Jurisdiction of Courts
Supreme Court: Appellate jurisdiction, issues advisory opinions to the Governor
Chancery Court: Equity jurisdiction (e.g., trusts, corporate disputes)
Superior Court: General jurisdiction over civil and criminal cases
Family Court: Jurisdiction over domestic relations and juvenile matters
§ 8 – Administrative Authority
The Chief Justice is the administrative head of the state judiciary and may regulate court procedures.
§ 9 – Removal of Judges
Judges may be removed:
By impeachment (House impeaches, Senate tries)
By address of two-thirds of the General Assembly with the Governor's consent
§ 10 – Retirement and Discipline
The Constitution provides for:
Mandatory retirement age
A system of judicial discipline for misconduct or incapacity
§ 11 – Commission on Judicial Appointments
Reviews and recommends judicial nominees to ensure qualified and impartial candidates
✅ Purpose of Article IV:
To establish a fair, independent, and accountable judiciary, promote equal justice under law, and ensure judicial integrity, professionalism, and political balance in Delaware’s court system.
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