Del. C. » Title 10 — Organization, Powers, Jurisdiction and Operation of Courts · CHAPTER 13. The Court of Common Pleas for the State of Delaware · Courts and Judicial Procedure
Delaware Code

10 Del. C. § 1303 (2026)

Appointment of Judges; term; vacancies; political representation; salary

✓ current as of May 2026
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(a) The Governor, by and with the consent of a majority of all the members elected to the Senate, shall appoint the Judges of the Court. Appointments, including vacancies, shall be for a term of 12 years and until their successors qualify. The Governor shall appoint 1 judge of the Court as Chief Judge of the Court to hold office during the term of his or her appointment. Nothing in this section shall affect the ability of the Chief Judge of the Court of Common Pleas to serve in that capacity for the duration of the Chief Judge’s current term of office.

(b) Each Judge shall receive a salary in accordance with the annual appropriations act.

(c) No Judge shall practice law during his or her term of office.

(d) At any time when the total number of Judges of the Court shall be an even number, not more than 1/2 of the Judges shall be of the same political party; and at any time when the total number of Judges shall be an odd number, then not more than a majority of 1 Judge shall be of the same political party.

10 Del. C. 1953, §  1303;  59 Del. Laws, c. 133, §  1;  59 Del. Laws, c. 472, §  5;  62 Del. Laws, c. 12, §  5;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 91, §  2;  71 Del. Laws, c. 176, §§  7, 8; 
Notes of Decisions
Cited in 1 case, 2020–2020 · leading case: Rose v. Nichols (Del. Super. Ct. 2020).
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Rose v. Nichols (Del. Super. Ct. 2020). “July 20, 2010) (citing 10 Del. C. § 1303(a)); see also DEL. SUPER.”
— 10 Del. C. § 1303(a) — 1 case
Rose v. Nichols (Del. Super. Ct. 2020). “July 20, 2010) (citing 10 Del. C. § 1303(a)); see also DEL. SUPER.”
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