(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 or criminal offenses. A judge of the Court may reconsider any pretrial matter under this subparagraph (A) 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. (1)(A) A judge may designate a Commissioner to hear andĭetermine 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. (b) Commissioners may be designated to perform the following with the approval of the Chief Judge or his designee: (1) the power to accept a plea of guilty to a misdemeanor or violation, including any violation of probation, or violation of Title 21 of the Delaware Code, or any other violation defined in the Delaware Code, and, with the consent of the parties, to enter a sentence thereon. (1) 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.
#JUDICIAL CONSENT 1994 YOUTUBE CODE#
(1) 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. (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. (a) Each Commissioner serving under this chapter shall have: Jurisdiction and powers of Commissioners of the Court of The salary of a Commissioner shall not be reduced during the term being served below the salary fixed at the beginning of that term. (a) The salaries of Commissioners shall be part of the annual budget of the Court of Common Pleas. (a) 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.
The number of Commissioners from one major political party shall not exceed the number of Commissioners from another major political party by more than one.
Appointees shall be residents of the State of Delaware, 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. 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. (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. Commissioners of the Court of Common Pleas appointment
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