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Delaware Laws | Title 10 Courts and Judicial Procedures
CHAPTER 27. CONSTABLES
Sec. 2708. Compensation.

(65 Del. Laws, c. 433, Sec. 1; 70 Del. Laws, c. 186, Sec. 1.) (3299)

Sec. 2709. Badges. (3300)(Text)

(a) Every person holding the office of constable shall have and display on proper demand a badge, approved by the Board of Examiners, with the word "constable" engraved thereon. A constable shall have and display such badge only while on duty and while in the performance of the lawful duties of employment. The name of the person, firm, corporation, civic association or governmental entity at whose instance the constable was appointed shall be plainly inscribed on such badge. (3301)

(b) Whoever violates this section shall be fined not more than $100. The justices of the peace of the respective counties shall have jurisdiction of offenses under this section. A constable found violating this section shall notify the Board of Examiners in writing within 10 days. The Board of Examiners shall review the violation and determine whether the constable should be discharged. A failure to notify the Board of Examiners of a violation within 20 days shall be sufficient ground to revoke constable status. (3302)

(22 Del. Laws, c. 78, Sec.Sec. 1, 2; Code 1915, Sec. 1417; Code 1935, Sec. 1583; 10 Del. C. 1953, Sec. 2727; 65 Del. Laws, c. 433, Sec. 1; 70 Del. Laws, c. 186, Sec. 1.) (3303)

Sec. 2710. Exclusion from coverage. (3304)(Text)

Constables appointed pursuant to this chapter or any other chapter are not covered by the provisions of Chapter 92 of Title 11, Law-Enforcement Officers' Bill of Rights. (3305)

(65 Del. Laws, c. 433, Sec. 1.) (3306)

Courts and Judicial Procedure Court Officers and Employees (3307)

CHAPTER 28. JUSTICE OF THE PEACE CONSTABLES (3308)(Text)

Sec. 2801. Appointment. (3309)(Text)

The Chief Magistrate of the Justice of the Peace Court system, or, if there is a vacancy in the office of Chief Magistrate, the Chief Justice of the Supreme Court, shall appoint such numbers of justice of the peace constables as shall be necessary to handle all process of the justices of the peace appointed pursuant to Chapter 92 of this title. (3310)

(10 Del. C. 1953, Sec. 2801; 55 Del. Laws, c. 21; 64 Del. Laws, c. 271, Sec. 1; 65 Del. Laws, c. 411, Sec. 1.) (3311)

Sec. 2802. Duties; exclusive authority. (3312)(Text)

(a) The justice of the peace constables appointed pursuant to this chapter shall handle the process of the justices of the peace appointed pursuant to Chapter 92 of this title. (3313)

(b) Notwithstanding any other law, no constables appointed by any authority in this State shall be authorized to execute orders, warrants and other process directed to the constable by a justice of the peace pursuant to Chapter 92 of this title, unless the constable has been appointed pursuant to this chapter. (3314)

(c) Notwithstanding any other law, a justice of the peace constable appointed pursuant to this chapter shall have the authority to undertake the following duties: (3315)

(1) Execute all lawful orders, warrants and other process directed to the constable by a justice of the peace; (3316)

(2) Execute all writs of possession issued pursuant to Sec. 5715 of Title 25 directed to the constable by a justice of the peace; (3317)

(3) Execute on all civil judgments directed to the constable by a justice of the peace; (3318)

(4) Serve all civil summonses directed to the constable by a justice of the peace; (3319)

(5) Serve all subpoenas directed to the constable by a justice of the peace; (3320)

(6) Transport all detentioners or convicted offenders to any Department of Correction facility pursuant to a commitment order directed to the constable by a justice of the peace; (3321)

(7) Execute on all capiases directed to the constable by a justice of the peace and issued by a justice of the peace; (3322)

(8) Conduct Justice of the Peace Court judicial levies and sales directed to the constable by a justice of the peace; (3323)

(9) Maintain the security and order in any Justice of the Peace Court and arrest all persons who shall commit any breach of the peace or contempt in said Court; and (3324)

(10) Perform any other related law-enforcement function required to maintain the dignity, integrity and security of the Justice of the Peace Court system. (3325)

(10 Del. C. 1953, Sec. 2803; 55 Del. Laws, c. 21; 65 Del. Laws, c. 411, Sec. 1; 70 Del. Laws, c. 232, Sec. 1; 70 Del. Laws, c. 186, Sec. 1.) (3326)

Sec. 2803. Salary and term; mileage. (3327)(Text)

(a)(1) Justice of the peace constables appointed pursuant to this chapter shall be subject to all the rules and regulations as delineated in Chapter 59 of Title 29 dealing with merit system administration and shall be compensated in accordance with the State's uniform pay plan. (3328)

(2) All moneys collected by justice of the peace constables for fines, costs, fees or forfeitures shall be for the use of the State, except where otherwise directed by law. (3329)

(b) In addition to a salary, each justice of the peace constable shall be entitled to receive mileage at the rate of 25 cents per mile for each mile necessarily travelled in the necessary discharge of duties as constable. Each justice of the peace constable, on the last day of each month, shall present to the State Treasurer an itemized and verified account of all mileage fees incurred as aforesaid, and the State Treasurer shall pay the amount thereof to the constable. The total charge for mileage thus compiled in each case shall be charged as costs in the case and when collected shall be paid to the State Treasurer. (3330)

(10 Del. C. 1953, Sec. 2804; 55 Del. Laws, c. 21; 55 Del. Laws, c. 285; 56 Del. Laws, c. 176; 57 Del. Laws, c. 577; 59 Del. Laws, c. 329, Sec. 1; 64 Del. Laws c. 334, Sec. 63(b); 65 Del. Laws, c. 411, Sec. 1; 70 Del. Laws, c. 186, Sec. 1; 71 Del. Laws, c. 132, Sec. 38(b).) (3331)

Sec. 2804. Location. (3332)(Text)

In the counties of this State there shall be at least the following (3333)

number of justice of the peace constables: (3334)

New Castle (3335)

16 (3336)

Kent (3337)

(3338)

Sussex (3339)

(3340)

(3341)

(10 Del. C. 1953, Sec. 2805; 55 Del. Laws, c. 21; 65 Del. Laws, c. 411, Sec. 1.) (3342)

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