Delaware Code Title 10 Sec. 1316A – Assignment of retired Commissioners to active duty
(a) Any retired Commissioner may be designated by the Chief Judge, with the approval of the Chief Justice of the Supreme Court, to serve temporarily in the Court of Common Pleas provided, however, that the retired Commissioner:
(1) Was serving in good standing as a Commissioner at the time of retirement;
(2) Assents to such designation; and
(3) Is not involved or employed in any position which would create a conflict of interest with the position of Commissioner, including, but not limited to: the private practice of law; the holding of any state office; or employment by the State in any capacity.
Terms Used In Delaware Code Title 10 Sec. 1316A
- Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
(b) Any retired Commissioner accepting an active duty designation shall be compensated on a per diem basis on the formula representing 1/2 6 0 of the annual salary for a Commissioner. In no event shall the per diem pay for a retired Commissioner exceed the maximum per diem pay for retired judges as provided in § 5610(b) of Title 29, nor shall the total annual compensation of the retired Commissioner equal or exceed the current annual salary for a Commissioner. Each retired Commissioner serving shall also be reimbursed for travel necessarily incurred for the performance of such active duty as approved by the Chief Judge.
(c) Expenditures for work performed under this section shall be made from funds appropriated for this purpose, or from other court funds approved to be expended for this purpose.