Delaware Increase Deadline for Judicial Vacancy Appointments Amendment (2017)
| Delaware Increase Deadline for Judicial Vacancy Appointments Amendment | |
|---|---|
 | |
| Ratification date April 6, 2017 | |
| Topic State judicial selection | |
| Sponsors State Sen. Patricia Blevins (D-7) and State Sen. Margaret Henry (D-2) |
The Delaware Increase Deadline for Judicial Vacancy Appointments Amendment was approved by the Delaware General Assembly and added to the Delaware Constitution on April 6, 2017.
The amendment increased the timeline for a governor to appoint an official to fill a judicial vacancy from 60 to 90 days.
Overview
What did this constitutional amendment do?
- See also: Text of measure
The amendment increased the time frame for the governor to submit to the state legislature their appointment for a judicial vacancy.[1] Before the amendment, the governor needed to submit their appointment within 60 days after a vacancy occurred. The amendment changed this timeline, allowing the governor to submit their appointment between 30 days before a vacancy and 90 days after a vacancy.
Who supported this constitutional amendment?
State Sen. Patricia Blevins (D-7) and state Sen. Margaret Henry (D-2) introduced the constitutional amendment to the Delaware General Assembly for their consideration. The legislature approved both versions of the amendment with a Bipartisan Partisan Directional Index.
Text of measure
Constitutional changes
- See also: Delaware Constitution
The amendment changed Section 3 of Article IV of the Delaware Constitution. The following underlined text was added and struck-through text was deleted:[1]
Note: Hover over the text and scroll to see the full text.
§ 3. Appointment of judges; terms of office; vacancies; political representation; confirmation of appointment.
Section 3. The Chief Justice and Justices of the Supreme Court, the Chancellor and the Vice-Chancellor or Vice-Chancellors of the Court of Chancery, the President Judge and Judges of the Superior Court, the Chief Judge and Judges of the Family Court, the Chief Judge and Judges of the Court of Common Pleas Pleas, and the Chief Magistrate of the Justice of the Peace Court shall be appointed by the Governor, by and with the consent of a majority of all the members elected to the Senate, for the a term of 12 years each, and the persons so appointed shall enter upon the discharge of the duties of their respective offices upon taking the oath of office prescribed by this Constitution. The Governor shall submit his or her appointment within 60 days a period from 30 days before to 90 days after the occurrence of a vacancy howsoever caused. If a vacancy shall occur, by expiration of term or otherwise, at a time when the Senate shall not be in session, the Governor shall within 60 days a period from 30 days before to 90 days after the happening of any such vacancy convene the Senate for the purpose of confirming his or her appointment to fill said vacancy and the transaction of such other executive business as may come before it. Such vacancy shall be filled as aforesaid for the full term. Notwithstanding a vacancy, whether occurring when the Senate is or is not in session, an incumbent whose term has expired shall may hold over in office until the incumbent, or a new appointee, is confirmed and takes the oath of office for the next term, but in no event shall an incumbent whose term has expired hold over in office for more than 60 days 90 days after the expiration of the term. In all instances instances, the term of a new or reappointed Chief Justice or Justice of the Supreme Court, Chancellor or Vice-Chancellor of the Court of Chancery, President Judge or Judge of the Superior Court, Chief Judge or Judge of the Family Court, Chief Judge or Judge of the Court of Common Pleas Pleas, or the Chief Magistrate of the Justice of the Peace Court shall begin after the occurrence of the vacancy and on the date the oath of office is taken, thus qualifying the individual to serve, but the appointment shall be forfeit forfeited if such oath is not taken within 30 days of confirmation.[2]
Full text
The full text of the measure can be found here.
Amending the Delaware Constitution
The Delaware General Assembly has the sole and complete authority to amend the state constitution. Unlike in any other state, the state legislature can amend the constitution without a vote of the people. For the legislature to amend the constitution:
- two-thirds of all the members elected to each chamber must vote in favor of a proposed amendment;
- the Delaware Secretary of State must then publish the proposed amendment three months prior to the next general election in at least three newspapers in each county; and
- the subsequent General Assembly then votes again on the proposed amendment(s) and if an amendment receives two-thirds majority approval of all members of each chamber, it becomes part of the constitution.
The amendment in the Delaware General Assembly
Senate Bill 25 (2017)
State Sen. Margaret Henry (D-2) introduced the amendment to the state legislature on March 16, 2017. The state Senate passed the amendment on March 30 in a vote of 17-0, with four senators not voting. On April 6, the state House passed the amendment in a vote of 39-0, with two representatives not voting.[3]
| Votes Required to Pass: 14 | |||
| Yes | No | NV | |
|---|---|---|---|
| Total | 17 | 0 | 4 |
| Total % | 81.0% | 0.0% | 19.0% |
| Democratic (D) | 10 | 0 | 1 |
| Republican (R) | 7 | 0 | 3 |
| Votes Required to Pass: 28 | |||
| Yes | No | NV | |
|---|---|---|---|
| Total | 39 | 0 | 2 |
| Total % | 90.5% | 0.0% | 9.5% |
| Democratic (D) | 23 | 0 | 2 |
| Republican (R) | 16 | 0 | 0 |
Senate Bill 275 (2016)
On June 14, 2016, state Sen. Patricia Blevins (D-7) introduced the amendment to the state legislature as Senate Bill 275. On June 28, the state Senate passed the amendment in a vote of 20-1, with one senator not voting. On July 1, the state House passed the amendment in a vote of 37-0, with four representatives not voting.[4] A full breakdown of partisan vote totals was not available for this bill.
See also
- The Delaware Constitution
- Amending the Delaware Constitution
- State constitutional conventions
- Other constitutional amendments concerning State judicial selection
External links
- Delaware General Assembly - Senate Bill 25 (2017)
- Delaware General Assembly - Senate Bill 275 (2016)
Footnotes
- ↑ 1.0 1.1 Delaware State Legislature, "Senate Bill 25 Text," accessed October 21, 2025
- ↑ Note: This text is quoted verbatim from the original source.
- ↑ Delaware General Assembly, "Senate Bill 25," accessed October 21, 2025
- ↑ Delaware General Assembly, "Senate Bill 275," accessed October 21, 2025
