(a) The Justices of the Supreme Court, whenever the Governor of this State or a majority of the members elected to each House may by resolution require it for public information, or to enable them to discharge their duties, may give them their opinions in writing touching the proper construction of any provision in the Constitution of this State, or of the United States, or the constitutionality of any law or legislation passed by the General Assembly, or the constitutionality of any proposed constitutional amendment which shall have been first agreed to by 2/3 of all members elected to each House.
(b) The Justices of the Supreme Court may appoint 1 or more members of the Delaware Bar, duly qualified to practice before said Court, for the purpose of briefing or arguing the legal issues submitted by the Governor or General Assembly.
(c) If the Governor should request an advisory opinion from the Court, the Governor shall, within 5 days, notify the leadership of both Houses by sending them a copy of such request. If the General Assembly should request an advisory opinion from the Court, the Speaker of the House and the President Pro Tempore of the Senate shall within 5 days notify the Governor by sending a copy of such request.
(d) Upon receipt of such advisory opinion from the Supreme Court the governor or the General Assembly shall, within 5 days, notify the opposite party by sending a copy of such advisory opinion.
Code 1852,
§
482;
Code 1915,
§
402;
Code 1935,
§
374;
10 Del. C. 1953,
§
141;
58 Del. Laws, c. 514;
64 Del. Laws, c. 214,
§
1;
70 Del. Laws, c. 186,
§
1;
Notes of Decisions
Zoning Comm'n v. Fairfield Resources Mgmt., Inc., 674 A.2d 1335 (Conn. App. Ct. 1996).
“The vehicle thatpermitted the justices of the Supreme Court of Delaware to give advisory opinions was: “10 Del. C. § 141 [which] provides in pertinent part that: ‘[t]he Justices of the Supreme Court, whenever the Governor of this State may require it for public information, or…”
In Re Opinion of the Justices, 324 A.2d 211 (Del. 1974).
· cites it 3× “Tribbitt Governor of Delaware Reference is made to your letter dated July 9, 1974, in which you request, under 10 Del.C. § 141, 1 the opinions of the Justices upon the following question : “Is House Bill No.”
Opinion of the Justices, 264 A.2d 342 (Del. 1970).
· cites it 3× “” It is further stated that the opinions are requested, under 10 Del.C. § 141, 1 in the interest of public information and to enable you to discharge the duties of your office.”
Opinion of the Justices, 358 A.2d 705 (Del. 1976).
· cites it 3× “Reference is made to your letter dated April 5, 1976, received April 6, which contains the following request for the opinions of the Justices of the Supreme Court under 10 Del.C. §141; 1 “Article III, Section 18, of the Constitution (1897) of Delaware, reads in pertinent part as…”
Opinion of the Justices, 352 A.2d 406 (Del. 1976).
· cites it 2× “Tribbitt Governor of Delaware: Reference is made to your letter, dated and received February 13, 1976, containing the following requests for the opinions of the Justices of the Supreme Court under 10 Del.C. § 141: 1 “Article III, Section 9 of the Delaware Constitution of 1897,…”
Opinion of the Justices of the Supreme Court, 314 A.2d 419 (Del. 1973).
· cites it 3× “Tribbitt Governor of Delaware Reference is made to your letter dated November 7, 1973, received November 19, 1973, requesting the opinions of the Justices under 10 Del.C. § 141 * upon the following question.”
Opinion of the Justices, 275 A.2d 558 (Del. 1971).
· cites it 2× “” It is noted that you require the opinions “for public information” under the provisions of 10 Del.C. § 141. 2 I. We address ourselves first to the status of those certain proposed Amendments the texts of which were in fact published in newspapers in each county, but which were…”
Opinion of the Justices, 330 A.2d 764 (Del. 1974).
· cites it 2× “TRIB-BITT, Governor of Delaware Reference is made to your letter dated and received December 2, 1974, requesting the opinions of the Justices of the Supreme Court, under 10 Del.C. § 141, 1 upon the following questions: “1) During the interim period between the second Tuesday of…”
Opinion of the Justices of the Supreme Court, 315 A.2d 580 (Del. 1974).
· cites it 5× “Tribbitt Governor of Delaware Reference is made to your letter dated January 4, 1974, requesting the opinions of the Justices, under 10 Del.C. § 141, 1 upon certain questions contained therein.”
Opinion of the Justices of the Supreme Court, 225 A.2d 481 (Del. 1966).
“” See also 10 Del.C. § 141. . “There is no novelty in the appointment of a person to preside, as speaker, who is not a constituent member of the body, over which he is to preside.”
Opinion of the Justices, 306 A.2d 720 (Del. 1973).
“You have requested the opinions of the members of the Court pursuant to 10 Del. C. § 141, and asked us two questions as follows: 1.”
In Re Opinion of the Justices, 320 A.2d 735 (Del. 1974).
· cites it 3× “Reference is made to your letter, dated May 15, 1974, requesting the Opinions of the Justices, under 10 Del.C. § 141, 1 upon the following question: “Where an office of a Constitutional Judge becomes vacant while the Senate is in session, by when must the Governor submit to the…”
— 10 Del. C. § 141(a) — 1 case
— 10 Del. C. § 141(b) — 1 case
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