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DE SCR63

Concurrent Resolution

Status

Engrossed

11/1/2021

Primary Sponsor

David Sokola

Click for details

Origin

Senate

151st General Assembly

AI Summary

  • Requests advisory opinion from Delaware Supreme Court on proper construction of § 13 of Article III of the Delaware Constitution regarding removal of public officials

  • Seeks clarification on five specific questions including whether grand jury indictments satisfy "reasonable cause" for removal and whether lesser actions like suspension are permitted under the provision

  • Asks whether a hearing is required before legislative votes to address the Governor for removal, and if so, what procedural elements must be included such as notice, counsel representation, and witness testimony

  • Inquires about 10-day notice requirements for each House and whether notices may be issued concurrently or must be sequential

  • Directs the President Pro Tempore and Speaker to forward the resolution to the Delaware Supreme Court within 5 days of passage and to the Governor within 5 days thereafter

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.

Last Action

Passed In House by Voice Vote

1/13/2022

Full Bill Text

No bill text available