Delaware 152nd General Assembly Status: Introduced 1 D cosponsors

HB 237 — 1st Leg/Const. Amend./Supreme Court/Expand

Last action — Appropriations

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  1. 1
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 152nd General Assembly. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

This Act is the first leg of a constitutional amendment to increase the number of Justices of the Supreme Court to 7 and to require that of the 7 Justices appointed to the Supreme Court, at least 2 must be residents of Kent County, at least 2 must be residents of Sussex County, and at least 2 must be residents of New Castle County. The seventh Justice may be from any county. Sections 2 and 3 of this Act make necessary conforming amendments to the Delaware Constitution based on the increase in the number of Justices of the Supreme Court. Section 2 of this Act also removes the unconstitutional restrictions limiting the appointment of judges to the Supreme Court, Court of Chancery, and Superior Court to members of the two major political parties. This amendment is in response to the stipulated consent judgment and order entered in James R. Adams v. The Honorable John Carney, C.A. No. 20-1680-MN (D. Del.), Jan. 30, 2023. Because the Supreme Court currently consists of 4 residents of New Castle County and 1 resident of Sussex County, Section 4 of this Act requires that of the 2 Justices of the Supreme Court seats created by this Act 1 must be a resident of Kent County and 1 must be a resident of Sussex County. Section 4 of this Act also provides that the requirement that at least 2 Justices must be residents of New Castle County, Kent County, and Sussex County applies beginning with the next vacancy of a Justice of the Supreme Court to occur, whether by expiration of term or otherwise. This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution. Amending the Delaware Constitution requires not only the passing of the changes in this Act, but also passage of the same changes after the next general election by the next General Assembly. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Bill Text

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Read HB 237 on the official Delaware source →

Action History

  1. Appropriations

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 61 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (61)

61 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

civil-rights elections
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Frequently asked questions

What does HB 237 do?
This Act is the first leg of a constitutional amendment to increase the number of Justices of the Supreme Court to 7 and to require that of the 7 Justices appointed to the Supreme Court, at least 2 must be residents of Kent County, at least 2 must be residents of Sussex County, and at least 2 must be residents of New Castle County. The seventh Justice may be from any county. Sections 2 and 3 of this Act make necessary conforming amendments to the Delaware Constitution based on the increase in the number of Justices of the Supreme Court. Section 2 of this Act also removes the unconstitutional restrictions limiting the appointment of judges to the Supreme Court, Court of Chancery, and Superior Court to members of the two major political parties. This amendment is in response to the stipulated consent judgment and order entered in James R. Adams v. The Honorable John Carney, C.A. No. 20-1680-MN (D. Del.), Jan. 30, 2023. Because the Supreme Court currently consists of 4 residents of New Castle County and 1 resident of Sussex County, Section 4 of this Act requires that of the 2 Justices of the Supreme Court seats created by this Act 1 must be a resident of Kent County and 1 must be a resident of Sussex County. Section 4 of this Act also provides that the requirement that at least 2 Justices must be residents of New Castle County, Kent County, and Sussex County applies beginning with the next vacancy of a Justice of the Supreme Court to occur, whether by expiration of term or otherwise. This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution. Amending the Delaware Constitution requires not only the passing of the changes in this Act, but also passage of the same changes after the next general election by the next General Assembly. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Who sponsors HB 237?
HB 237 is sponsored by Sean M. Lynn (Democratic).
What is the current status of HB 237?
This bill died with 152nd General Assembly. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 237?
Track HB 237 free on One Click Politics — get push/email alerts when it moves.

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