Delaware Senate Bill 37 (Prior Session Legislation)

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Completed Legislative Action
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: Passed on June 26 2009 - 100% progression
Action: 2009-06-26 - Signed by Governor
Text: Latest bill text (Draft #1) [HTML]

Chapter 98 of Title 10 sets, by statute, all fees chargeable in the Justice of the Peace Court. The fees of all other courts in the State of Delaware are set by court rule, subject to approval by the Chief Justice and the Delaware Supreme Court. Currently, if a fee in that Court needs to be modified for any reason, the General Assembly must take it up as an amendment to the statute. Such modifications have been required approximately 5 times in the past 10 years, often for very small adjustments to the cost structure. The protections of establishing the cost structure of the Justice of the Peace Court by statute dates back to the reformation of that Court in 1966. Prior to that time abuses in the establishment of costs – out of which the justices of the peace received their pay – were widespread. With the reformation of the Court, costs were standardized and regulated to avoid further abuse by individual justices of the peace. The modern Justice of the Peace Court is a centralized, professional organization, with closely reviewed internal financial controls. The protection of the statute is no longer necessary and can be accomplished by court rule, approved by the Chief Justice and the Delaware Supreme Court in the manner that all other courts establish their costs in this state.

An Act To Amend Title 10 Of The Delaware Code Relating To Costs In The Justice Of The Peace Court.

Sen. Thurman Adams [D]	Sen. Anthony DeLuca [D]	Sen. Robert Marshall [D]	Sen. Robert Marshall [D]
Sen. Gary Simpson [R]

2009-06-18 - House - House Third Reading (Y: 41 N: 0 NV: 0 Abs: 0) [PASS]
2009-06-02 - Senate - Senate Third Reading (Y: 19 N: 1 NV: 0 Abs: 1) [PASS]

Date	Chamber	Action
2009-06-26		Signed by Governor
2009-06-18		Passed by House of Representatives. Votes: Passed 41 YES 0 NO 0 NOT VOTING 0 ABSENT 0 VACANT
2009-06-10		Reported Out of Committee (JUDICIARY) in House with 7 On Its Merits
2009-06-03		Introduced and Assigned to Judiciary Committee in House
2009-06-02		Passed by Senate. Votes: Passed 19 YES 1 NO 0 NOT VOTING 1 ABSENT 0 VACANT
2009-04-01		Reported Out of Committee (JUDICIARY) in Senate with 4 On Its Merits, 1 Unfavorable
2009-03-24		Assigned to Judiciary Committee in Senate

Type	Source
Summary	http://legis.delaware.gov/LIS/lis145.nsf/2bede841c6272c888025698400433a04/c889997d259e441a8525757c00625b28?OpenDocument
Text	http://legis.delaware.gov/LIS/lis146.nsf/vwLegislation/SB+37/$file/legis.html?open
Roll Call	http://legis.delaware.gov/LIS/lis145.nsf/7712cf7cc0e9227a852568470077336f/012064da4163dcd3852575c90072fc5b?OpenDocument
Roll Call	http://legis.delaware.gov/LIS/lis145.nsf/7712cf7cc0e9227a852568470077336f/b453022eee13ac31852575d9007c2f56?OpenDocument