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DE HCR42
Concurrent Resolution
Status
11/1/2021
Primary Sponsor
Sean Lynn
Click for details
AI Summary
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Requests an advisory opinion from the Delaware Supreme Court on the proper interpretation of Article III, Section 13 of the Delaware Constitution regarding removal of elected officials
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Asks the Court five specific questions: whether "reasonable cause" includes grand jury indictments, whether lesser sanctions like suspension are permitted, whether hearings are required before removal votes, what notice and hearing procedures apply, and whether appeals of removal decisions are available
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Directs the Senate President Pro Tempore and House Speaker to forward the resolution to the Delaware Supreme Court within 5 days and requests a response by December 17, 2021
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Requires the House and Senate Judiciary Committees to meet jointly by December 17, 2021 to develop procedures for determining reasonable cause for removal, establishing due process protections for affected officials, and setting hearing dates with proper notice
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Applies to removal proceedings under Article III, Section 13 when the General Assembly has not previously established a formal process for removing elected officials through bill of address
Legislative Description
Requesting An Advisory Opinion Of The Justices Of The Delaware Supreme Court Regarding The Proper Construction Of § 13 Of Article Iii Of The Delaware Constitution And Enabling A Joint Committee To Determine The Process To Be Used To Remove An Elected Official Pursuant To § 13 Of Article Iii Of The Delaware Constitution.
Last Action
Passed By House. Votes: 25 YES 8 NO 6 NOT VOTING 2 ABSENT
11/1/2021