Organization, Powers, Jurisdiction and Operation of Courts
CHAPTER 13. THE COURT OF COMMON PLEAS FOR THE STATE OF DELAWARE
Subchapter II. Officers and Employees
§§ 1309, 1310. Appointment of Clerks and other officers; terms; Deputy Clerk; powers and duties.
Transferred.
§ 1311. Appointment of Clerks and other officers; terms.
(a) The Chief Judge of the Court shall appoint a competent person to act as Chief Clerk of the entire Court who shall be responsible
to the Chief Judge for the administration of all nonjudicial activity in the Court. In addition, the Chief Judge shall appoint
a competent person from each county as Deputy Clerk for the Court in that county and such other officers and employees deemed
necessary to perform the business of the Court.
(b) The Clerks, other officers and employees shall hold office at the pleasure of the Court.
10 Del. C. 1953, § 1309; 59 Del. Laws, c. 133, § 1; 60 Del. Laws, c. 629, § 1; 69 Del. Laws, c. 426, § 1; 70 Del. Laws, c. 186, § 1.;
§ 1312. Deputy Clerk; powers and duties.
The Court may appoint a suitable person in each county to be Deputy Clerk, who shall hold such office at the pleasure of the
Court and who, during tenure in said office, shall have, exercise and perform the powers and duties of the Clerk when so instructed
by the Court and shall perform such other duties as shall be assigned by the Court.
10 Del. C. 1953, § 1312; 59 Del. Laws, c. 133, § 1; 69 Del. Laws, c. 426, § 1; 70 Del. Laws, c. 186, § 1.;
§ 1313. Powers and duties of Clerks.
(a) The Clerk for the county in which the Clerk is appointed shall have care of the records and proceedings for said county,
and shall receive all fees, fines, restitution and costs and pay the same over as provided in this chapter.
(b) The Clerk may administer all necessary oaths; the Clerk shall enter the judgments, issue commitments and executions to
enforce the same and make and keep the records of the Court in all cases therein under the direction of the Judges. The Clerk
shall issue all process under the Clerk's hand and the seal of the Court, signing such process by the title of office and
shall tax costs.
(c) The Clerk shall have such other duties as may be prescribed by rule of court, or by administrative direction.
10 Del. C. 1953, § 1311; 59 Del. Laws, c. 133, § 1; 63 Del. Laws, c. 141, § 5; 69 Del. Laws, c. 426, § 1; 70 Del. Laws, c. 186, § 1.;
§ 1314. Bonds of Clerks and Deputy Clerks.
Each Clerk and Deputy Clerk of the Court shall, before entering upon the duties of the office, give bond to the State in the
sum of $5,000 with approved surety to faithfully perform and execute all the duties of the office during continuance therein.
The bond shall be approved by the Chief Judge. Should any Clerk or Deputy Clerk so appointed fail to give bond as required
within 30 days from the date of appointment, the Court shall make a new appointment.
10 Del. C. 1953, § 1310; 59 Del. Laws, c. 133, § 1; 69 Del. Laws, c. 426, § 1; 70 Del. Laws, c. 186, § 1.;
§ 1314A. Bailiffs, criers and pages; compensation; duties.
(a) The Court of Common Pleas may appoint and remove at pleasure such number of bailiffs, criers, and pages as shall be necessary
for the proper operation of the Court. They shall receive such compensation as shall from time to time be approved in the
budget of the Court. They shall perform such duties and have such powers in connection with attendance upon the Court as the
Court may from time to time prescribe and shall receive no other fees or compensation.
(b) From its staff of bailiffs, criers, and pages, the Court may appoint by court order peace officers, who shall have, during
the stated terms of such appointment, unless sooner rescinded by the court order, countywide jurisdiction in the county of
their employment, and who shall have such powers normally incident to peace officers, including, but not limited to, the power
to make arrests in a criminal case, provided that the exercise of such powers shall be limited to any building or real property
maintained or used as a courthouse or in support of judicial functions. The order appointing such peace officers shall be
recorded in the office of the recorder of deeds in and for the county where they are employed in the same manner as gubernatorial
commissions.
75 Del. Laws, c. 188, § 1.;
§ 1315. Commissioners of the Court of Common Pleas; appointment; terms of office; removal.
(a) The Governor may appoint, with the consent of a majority of all members elected to the Senate, suitable persons to act
as Commissioners of the Court of Common Pleas, all of whom shall hold office for a term of 4 years. Vacancies in office shall
be filled for a term of 4 years by the Governor, with the consent of a majority of all members elected to the Senate. Upon
2nd and subsequent appointments and confirmations, a Commissioner of the Court of Common Pleas shall hold office for a term
of 6 years. Appointees shall be residents of the State, shall be duly admitted to practice law before the Supreme Court of
this State, and shall not engage in the practice of law nor any business, occupation or employment inconsistent with the expeditious,
proper, and impartial performance of their duties as judicial officers. The number of Commissioners from 1 major political
party shall not exceed the number of Commissioners from another major political party by more than 1.
(b) Individuals appointed as Commissioners under this section shall take the oath or affirmation prescribed by Article XIV,
§ 1 of the Delaware Constitution before they enter upon the duties of their offices.
(c) The salaries of Commissioners shall be part of the annual budget of the Court of Common Pleas. The salary of a Commissioner
shall not be reduced during the term being served below the salary fixed at the beginning of that term.
69 Del. Laws, c. 426, § 2; 74 Del. Laws, c. 165, § 3.;
§ 1316. Jurisdiction and powers of Commissioners of the Court of Common Pleas.
(a) Each Commissioner serving under this chapter shall have:
(1) All powers and duties conferred or imposed upon Commissioners by law or by the Rules of Criminal and Civil Procedure for
the Court of Common Pleas.
(2) The power to administer oaths and affirmations, issue orders pursuant to Chapter 21, Title 11 of the Delaware Code concerning
release or detention of persons pending trial, and take acknowledgements, affidavits, and depositions.
(3) The power to accept pleas of not guilty to any offense within the jurisdiction of the Court of Common Pleas and to appoint
counsel to represent indigent defendants.
(4) The power to accept a plea of guilty to a misdemeanor or violation, including any violation of probation, or violation
of Title 21, or any other violation defined in the Delaware Code, and, with the consent of the parties, to enter a sentence
thereon.
(b) Commissioners may be designated to perform the following with the approval of the Chief Judge or the Chief Judge's designee:
(1)a. A judge may designate a Commissioner to hear and determine any pretrial matter pending before the Court, except the
following motions: for judgment on the pleadings, for summary judgment, to dismiss or quash an indictment or information made
by the defendant, to suppress evidence in a criminal case, to dismiss for failure to state a claim upon which relief can be
granted and to involuntarily dismiss an action. A judge of the Court may reconsider any pretrial matter under this subparagraph
where it has been shown that the Commissioner's order is based upon findings of fact that are clearly erroneous, or is contrary
to law, or an abuse of discretion.
b. A judge may also designate a Commissioner to conduct hearings, including evidentiary hearings, and to submit to a judge
of the Court proposed findings of fact and recommendations for the disposition, by a judge of the Court, of any motion excepted
in subparagraph a. of this paragraph or of applications for postconviction relief made by individuals convicted of criminal
offenses.
c. The Commissioner shall file proposed findings and recommendations under subparagraph b. of this subsection with the Court
and shall mail copies forthwith to all parties.
d. Within 10 days after being served with a copy of proposed findings and recommendations under subparagraph b. of this subsection
any party may serve and file written objections to such proposed findings and recommendations as provided by rules of Court.
A judge of the Court shall make a de novo determination of those portions of the report or specified proposed findings or
recommendations to which objection is made. A judge of the Court may accept, reject or modify, in whole or in part, the findings
or recommendations made by the Commissioner. The judge may also receive further evidence or recommit the matter to the Commissioner
with instructions.
(2) A judge may also designate a Commissioner to serve as a special master or master pro hac vice pursuant to the applicable
provisions of the Court of Common Pleas Civil Rules of Procedure.
(3) A Commissioner may be assigned such additional duties by the Chief Judge, including assignments to other courts upon designation
by the Chief Justice, as are not inconsistent with the Constitution and laws of the State. A Commissioner designated to sit
in another court may exercise the powers and duties of a Commissioner appointed to said court.
69 Del. Laws, c. 426, § 2; 70 Del. Laws, c. 186, § 1.;
Organization, Powers, Jurisdiction and Operation of Courts
CHAPTER 13. THE COURT OF COMMON PLEAS FOR THE STATE OF DELAWARE
Subchapter II. Officers and Employees
§§ 1309, 1310. Appointment of Clerks and other officers; terms; Deputy Clerk; powers and duties.
Transferred.
§ 1311. Appointment of Clerks and other officers; terms.
(a) The Chief Judge of the Court shall appoint a competent person to act as Chief Clerk of the entire Court who shall be responsible
to the Chief Judge for the administration of all nonjudicial activity in the Court. In addition, the Chief Judge shall appoint
a competent person from each county as Deputy Clerk for the Court in that county and such other officers and employees deemed
necessary to perform the business of the Court.
(b) The Clerks, other officers and employees shall hold office at the pleasure of the Court.
10 Del. C. 1953, § 1309; 59 Del. Laws, c. 133, § 1; 60 Del. Laws, c. 629, § 1; 69 Del. Laws, c. 426, § 1; 70 Del. Laws, c. 186, § 1.;
§ 1312. Deputy Clerk; powers and duties.
The Court may appoint a suitable person in each county to be Deputy Clerk, who shall hold such office at the pleasure of the
Court and who, during tenure in said office, shall have, exercise and perform the powers and duties of the Clerk when so instructed
by the Court and shall perform such other duties as shall be assigned by the Court.
10 Del. C. 1953, § 1312; 59 Del. Laws, c. 133, § 1; 69 Del. Laws, c. 426, § 1; 70 Del. Laws, c. 186, § 1.;
§ 1313. Powers and duties of Clerks.
(a) The Clerk for the county in which the Clerk is appointed shall have care of the records and proceedings for said county,
and shall receive all fees, fines, restitution and costs and pay the same over as provided in this chapter.
(b) The Clerk may administer all necessary oaths; the Clerk shall enter the judgments, issue commitments and executions to
enforce the same and make and keep the records of the Court in all cases therein under the direction of the Judges. The Clerk
shall issue all process under the Clerk's hand and the seal of the Court, signing such process by the title of office and
shall tax costs.
(c) The Clerk shall have such other duties as may be prescribed by rule of court, or by administrative direction.
10 Del. C. 1953, § 1311; 59 Del. Laws, c. 133, § 1; 63 Del. Laws, c. 141, § 5; 69 Del. Laws, c. 426, § 1; 70 Del. Laws, c. 186, § 1.;
§ 1314. Bonds of Clerks and Deputy Clerks.
Each Clerk and Deputy Clerk of the Court shall, before entering upon the duties of the office, give bond to the State in the
sum of $5,000 with approved surety to faithfully perform and execute all the duties of the office during continuance therein.
The bond shall be approved by the Chief Judge. Should any Clerk or Deputy Clerk so appointed fail to give bond as required
within 30 days from the date of appointment, the Court shall make a new appointment.
10 Del. C. 1953, § 1310; 59 Del. Laws, c. 133, § 1; 69 Del. Laws, c. 426, § 1; 70 Del. Laws, c. 186, § 1.;
§ 1314A. Bailiffs, criers and pages; compensation; duties.
(a) The Court of Common Pleas may appoint and remove at pleasure such number of bailiffs, criers, and pages as shall be necessary
for the proper operation of the Court. They shall receive such compensation as shall from time to time be approved in the
budget of the Court. They shall perform such duties and have such powers in connection with attendance upon the Court as the
Court may from time to time prescribe and shall receive no other fees or compensation.
(b) From its staff of bailiffs, criers, and pages, the Court may appoint by court order peace officers, who shall have, during
the stated terms of such appointment, unless sooner rescinded by the court order, countywide jurisdiction in the county of
their employment, and who shall have such powers normally incident to peace officers, including, but not limited to, the power
to make arrests in a criminal case, provided that the exercise of such powers shall be limited to any building or real property
maintained or used as a courthouse or in support of judicial functions. The order appointing such peace officers shall be
recorded in the office of the recorder of deeds in and for the county where they are employed in the same manner as gubernatorial
commissions.
75 Del. Laws, c. 188, § 1.;
§ 1315. Commissioners of the Court of Common Pleas; appointment; terms of office; removal.
(a) The Governor may appoint, with the consent of a majority of all members elected to the Senate, suitable persons to act
as Commissioners of the Court of Common Pleas, all of whom shall hold office for a term of 4 years. Vacancies in office shall
be filled for a term of 4 years by the Governor, with the consent of a majority of all members elected to the Senate. Upon
2nd and subsequent appointments and confirmations, a Commissioner of the Court of Common Pleas shall hold office for a term
of 6 years. Appointees shall be residents of the State, shall be duly admitted to practice law before the Supreme Court of
this State, and shall not engage in the practice of law nor any business, occupation or employment inconsistent with the expeditious,
proper, and impartial performance of their duties as judicial officers. The number of Commissioners from 1 major political
party shall not exceed the number of Commissioners from another major political party by more than 1.
(b) Individuals appointed as Commissioners under this section shall take the oath or affirmation prescribed by Article XIV,
§ 1 of the Delaware Constitution before they enter upon the duties of their offices.
(c) The salaries of Commissioners shall be part of the annual budget of the Court of Common Pleas. The salary of a Commissioner
shall not be reduced during the term being served below the salary fixed at the beginning of that term.
69 Del. Laws, c. 426, § 2; 74 Del. Laws, c. 165, § 3.;
§ 1316. Jurisdiction and powers of Commissioners of the Court of Common Pleas.
(a) Each Commissioner serving under this chapter shall have:
(1) All powers and duties conferred or imposed upon Commissioners by law or by the Rules of Criminal and Civil Procedure for
the Court of Common Pleas.
(2) The power to administer oaths and affirmations, issue orders pursuant to Chapter 21, Title 11 of the Delaware Code concerning
release or detention of persons pending trial, and take acknowledgements, affidavits, and depositions.
(3) The power to accept pleas of not guilty to any offense within the jurisdiction of the Court of Common Pleas and to appoint
counsel to represent indigent defendants.
(4) The power to accept a plea of guilty to a misdemeanor or violation, including any violation of probation, or violation
of Title 21, or any other violation defined in the Delaware Code, and, with the consent of the parties, to enter a sentence
thereon.
(b) Commissioners may be designated to perform the following with the approval of the Chief Judge or the Chief Judge's designee:
(1)a. A judge may designate a Commissioner to hear and determine any pretrial matter pending before the Court, except the
following motions: for judgment on the pleadings, for summary judgment, to dismiss or quash an indictment or information made
by the defendant, to suppress evidence in a criminal case, to dismiss for failure to state a claim upon which relief can be
granted and to involuntarily dismiss an action. A judge of the Court may reconsider any pretrial matter under this subparagraph
where it has been shown that the Commissioner's order is based upon findings of fact that are clearly erroneous, or is contrary
to law, or an abuse of discretion.
b. A judge may also designate a Commissioner to conduct hearings, including evidentiary hearings, and to submit to a judge
of the Court proposed findings of fact and recommendations for the disposition, by a judge of the Court, of any motion excepted
in subparagraph a. of this paragraph or of applications for postconviction relief made by individuals convicted of criminal
offenses.
c. The Commissioner shall file proposed findings and recommendations under subparagraph b. of this subsection with the Court
and shall mail copies forthwith to all parties.
d. Within 10 days after being served with a copy of proposed findings and recommendations under subparagraph b. of this subsection
any party may serve and file written objections to such proposed findings and recommendations as provided by rules of Court.
A judge of the Court shall make a de novo determination of those portions of the report or specified proposed findings or
recommendations to which objection is made. A judge of the Court may accept, reject or modify, in whole or in part, the findings
or recommendations made by the Commissioner. The judge may also receive further evidence or recommit the matter to the Commissioner
with instructions.
(2) A judge may also designate a Commissioner to serve as a special master or master pro hac vice pursuant to the applicable
provisions of the Court of Common Pleas Civil Rules of Procedure.
(3) A Commissioner may be assigned such additional duties by the Chief Judge, including assignments to other courts upon designation
by the Chief Justice, as are not inconsistent with the Constitution and laws of the State. A Commissioner designated to sit
in another court may exercise the powers and duties of a Commissioner appointed to said court.
69 Del. Laws, c. 426, § 2; 70 Del. Laws, c. 186, § 1.;
Organization, Powers, Jurisdiction and Operation of Courts
CHAPTER 13. THE COURT OF COMMON PLEAS FOR THE STATE OF DELAWARE
Subchapter II. Officers and Employees
§§ 1309, 1310. Appointment of Clerks and other officers; terms; Deputy Clerk; powers and duties.
Transferred.
§ 1311. Appointment of Clerks and other officers; terms.
(a) The Chief Judge of the Court shall appoint a competent person to act as Chief Clerk of the entire Court who shall be responsible
to the Chief Judge for the administration of all nonjudicial activity in the Court. In addition, the Chief Judge shall appoint
a competent person from each county as Deputy Clerk for the Court in that county and such other officers and employees deemed
necessary to perform the business of the Court.
(b) The Clerks, other officers and employees shall hold office at the pleasure of the Court.
10 Del. C. 1953, § 1309; 59 Del. Laws, c. 133, § 1; 60 Del. Laws, c. 629, § 1; 69 Del. Laws, c. 426, § 1; 70 Del. Laws, c. 186, § 1.;
§ 1312. Deputy Clerk; powers and duties.
The Court may appoint a suitable person in each county to be Deputy Clerk, who shall hold such office at the pleasure of the
Court and who, during tenure in said office, shall have, exercise and perform the powers and duties of the Clerk when so instructed
by the Court and shall perform such other duties as shall be assigned by the Court.
10 Del. C. 1953, § 1312; 59 Del. Laws, c. 133, § 1; 69 Del. Laws, c. 426, § 1; 70 Del. Laws, c. 186, § 1.;
§ 1313. Powers and duties of Clerks.
(a) The Clerk for the county in which the Clerk is appointed shall have care of the records and proceedings for said county,
and shall receive all fees, fines, restitution and costs and pay the same over as provided in this chapter.
(b) The Clerk may administer all necessary oaths; the Clerk shall enter the judgments, issue commitments and executions to
enforce the same and make and keep the records of the Court in all cases therein under the direction of the Judges. The Clerk
shall issue all process under the Clerk's hand and the seal of the Court, signing such process by the title of office and
shall tax costs.
(c) The Clerk shall have such other duties as may be prescribed by rule of court, or by administrative direction.
10 Del. C. 1953, § 1311; 59 Del. Laws, c. 133, § 1; 63 Del. Laws, c. 141, § 5; 69 Del. Laws, c. 426, § 1; 70 Del. Laws, c. 186, § 1.;
§ 1314. Bonds of Clerks and Deputy Clerks.
Each Clerk and Deputy Clerk of the Court shall, before entering upon the duties of the office, give bond to the State in the
sum of $5,000 with approved surety to faithfully perform and execute all the duties of the office during continuance therein.
The bond shall be approved by the Chief Judge. Should any Clerk or Deputy Clerk so appointed fail to give bond as required
within 30 days from the date of appointment, the Court shall make a new appointment.
10 Del. C. 1953, § 1310; 59 Del. Laws, c. 133, § 1; 69 Del. Laws, c. 426, § 1; 70 Del. Laws, c. 186, § 1.;
§ 1314A. Bailiffs, criers and pages; compensation; duties.
(a) The Court of Common Pleas may appoint and remove at pleasure such number of bailiffs, criers, and pages as shall be necessary
for the proper operation of the Court. They shall receive such compensation as shall from time to time be approved in the
budget of the Court. They shall perform such duties and have such powers in connection with attendance upon the Court as the
Court may from time to time prescribe and shall receive no other fees or compensation.
(b) From its staff of bailiffs, criers, and pages, the Court may appoint by court order peace officers, who shall have, during
the stated terms of such appointment, unless sooner rescinded by the court order, countywide jurisdiction in the county of
their employment, and who shall have such powers normally incident to peace officers, including, but not limited to, the power
to make arrests in a criminal case, provided that the exercise of such powers shall be limited to any building or real property
maintained or used as a courthouse or in support of judicial functions. The order appointing such peace officers shall be
recorded in the office of the recorder of deeds in and for the county where they are employed in the same manner as gubernatorial
commissions.
75 Del. Laws, c. 188, § 1.;
§ 1315. Commissioners of the Court of Common Pleas; appointment; terms of office; removal.
(a) The Governor may appoint, with the consent of a majority of all members elected to the Senate, suitable persons to act
as Commissioners of the Court of Common Pleas, all of whom shall hold office for a term of 4 years. Vacancies in office shall
be filled for a term of 4 years by the Governor, with the consent of a majority of all members elected to the Senate. Upon
2nd and subsequent appointments and confirmations, a Commissioner of the Court of Common Pleas shall hold office for a term
of 6 years. Appointees shall be residents of the State, shall be duly admitted to practice law before the Supreme Court of
this State, and shall not engage in the practice of law nor any business, occupation or employment inconsistent with the expeditious,
proper, and impartial performance of their duties as judicial officers. The number of Commissioners from 1 major political
party shall not exceed the number of Commissioners from another major political party by more than 1.
(b) Individuals appointed as Commissioners under this section shall take the oath or affirmation prescribed by Article XIV,
§ 1 of the Delaware Constitution before they enter upon the duties of their offices.
(c) The salaries of Commissioners shall be part of the annual budget of the Court of Common Pleas. The salary of a Commissioner
shall not be reduced during the term being served below the salary fixed at the beginning of that term.
69 Del. Laws, c. 426, § 2; 74 Del. Laws, c. 165, § 3.;
§ 1316. Jurisdiction and powers of Commissioners of the Court of Common Pleas.
(a) Each Commissioner serving under this chapter shall have:
(1) All powers and duties conferred or imposed upon Commissioners by law or by the Rules of Criminal and Civil Procedure for
the Court of Common Pleas.
(2) The power to administer oaths and affirmations, issue orders pursuant to Chapter 21, Title 11 of the Delaware Code concerning
release or detention of persons pending trial, and take acknowledgements, affidavits, and depositions.
(3) The power to accept pleas of not guilty to any offense within the jurisdiction of the Court of Common Pleas and to appoint
counsel to represent indigent defendants.
(4) The power to accept a plea of guilty to a misdemeanor or violation, including any violation of probation, or violation
of Title 21, or any other violation defined in the Delaware Code, and, with the consent of the parties, to enter a sentence
thereon.
(b) Commissioners may be designated to perform the following with the approval of the Chief Judge or the Chief Judge's designee:
(1)a. A judge may designate a Commissioner to hear and determine any pretrial matter pending before the Court, except the
following motions: for judgment on the pleadings, for summary judgment, to dismiss or quash an indictment or information made
by the defendant, to suppress evidence in a criminal case, to dismiss for failure to state a claim upon which relief can be
granted and to involuntarily dismiss an action. A judge of the Court may reconsider any pretrial matter under this subparagraph
where it has been shown that the Commissioner's order is based upon findings of fact that are clearly erroneous, or is contrary
to law, or an abuse of discretion.
b. A judge may also designate a Commissioner to conduct hearings, including evidentiary hearings, and to submit to a judge
of the Court proposed findings of fact and recommendations for the disposition, by a judge of the Court, of any motion excepted
in subparagraph a. of this paragraph or of applications for postconviction relief made by individuals convicted of criminal
offenses.
c. The Commissioner shall file proposed findings and recommendations under subparagraph b. of this subsection with the Court
and shall mail copies forthwith to all parties.
d. Within 10 days after being served with a copy of proposed findings and recommendations under subparagraph b. of this subsection
any party may serve and file written objections to such proposed findings and recommendations as provided by rules of Court.
A judge of the Court shall make a de novo determination of those portions of the report or specified proposed findings or
recommendations to which objection is made. A judge of the Court may accept, reject or modify, in whole or in part, the findings
or recommendations made by the Commissioner. The judge may also receive further evidence or recommit the matter to the Commissioner
with instructions.
(2) A judge may also designate a Commissioner to serve as a special master or master pro hac vice pursuant to the applicable
provisions of the Court of Common Pleas Civil Rules of Procedure.
(3) A Commissioner may be assigned such additional duties by the Chief Judge, including assignments to other courts upon designation
by the Chief Justice, as are not inconsistent with the Constitution and laws of the State. A Commissioner designated to sit
in another court may exercise the powers and duties of a Commissioner appointed to said court.
69 Del. Laws, c. 426, § 2; 70 Del. Laws, c. 186, § 1.;