2006 Delaware Code - Subchapter III — General Jurisdiction and Powers

§ 541. Jurisdiction generally.

The Superior Court shall have such jurisdiction as the Constitution and laws of this State confer upon it. (Code 1852, § 1915; Code 1915, § 3725; Code 1935, § 4274; 10 Del. C. 1953, § 541.)

§ 542. Powers generally.

(a) The Superior Court shall have full power and authority to examine, correct and punish the contempts, omissions, neglects, favors, corruptions and defaults of all justices of the peace, sheriffs, coroners, clerks and other officers, within this State.

(b) The Court shall award process for levying all fines, forfeitures and amercements imposed, or recovered, in the Court.

(c) The Court shall minister justice to all persons, and exercise the jurisdictions and powers granted it, concerning the premises, according to law and equity. (Code 1852, § 1918; Code 1915, § 3726; Code 1935, § 4275; 10 Del. C. 1953, § 542.)

§ 543. Unavailability of Resident Associate Judge.

During the illness, absence from the county or unavailability for any reason of any Resident Associate Judge, the powers and duties required by any statute of this State to be exercised and performed by such Judge in relation to any matter except appointments to any office or position, may be as fully and effectually exercised and performed in all respects by the President Judge, or any other Associate Judge, as by the Resident Associate Judge. (20 Del. Laws, c. 118; Code 1915, § 3690; Code 1935, § 4242; 10 Del. C. 1953, § 543; 70 Del. Laws, c. 186, § 1.)

§ 544. Power to take recognizances.

The Judges of the Superior Court may severally in or out of sessions, take all manner of recognizances and obligations to the State. (Code 1852, § 1930; Code 1915, § 3799; 33 Del. Laws, c. 225; Code 1935, § 4311; 10 Del. C. 1953, § 544.)

§ 545. Power to receive appeals involving personnel administration of the Delaware court system.

(a) Jurisdiction is hereby conferred upon Superior Court to hear and determine appeals of nonjudicial employees and of the appointing authority of the Delaware court system from administrative decisions of such authority rendered under the "Personnel Rules for Nonjudicial Employees of the Delaware Court System."

(b) Such appeals may be taken by either the aggrieved employee or the appointing authority on the question of whether the appointing authority acted in accordance with law. The burden of proof in either case is on the party making the appeal, and all such appeals shall be undertaken by filing a notice of appeal with the court within 30 days of receipt of the written decision of the hearing officer.

(c) Review by the Superior Court shall be on the record, without a trial de novo. When factual determinations are at issue, the court shall take account of the experience and specialized competence of the hearing officer. The court review of factual issues shall be limited to a determination of whether the hearing officer's decision was supported by substantial evidence on the record.

(d) In the event that the appeal involves a nonjudicial employee of the Superior Court, the Chief Justice of the Supreme Court shall designate a member of the Court of Chancery to hear the appeal. (69 Del. Laws, c. 424, § 1.)