2016 Delaware Code
Title 10 - Courts and Judicial Procedures
CHAPTER 27. CONSTABLES
§ 2704. Term of office; discharge [For application of this section, see 79 Del. Laws, c. 370, § 2].

(a) The term of office for constables shall be 2 years. Those constables appointed prior to July 13, 1990, shall have their commissions reviewed by the Board of Examiners within 1 year of July 13, 1990, and after review may be discharged by the Board for cause prior to the expiration of their term. A constable, including one appointed before July 13, 1990, may be discharged by the Board for cause prior to the expiration of the term. The Board of Examiners shall establish procedures for notification to the appropriate persons and authorities of its discharge of a constable. For the purposes of this section, "cause" shall mean:

(1) Conviction of a crime involving moral turpitude;

(2) Conviction of a felony;

(3) A finding by the Board that an individual used fraud or deceit in obtaining a constable's commission; or

(4) Gross negligence or incompetence in performing a constable's duties.

(b) It shall be the duty of the constable to notify the Board of Examiners immediately if the constable's employment with the individual, firm, corporation, civic association or governmental entity at whose instance the constable was appointed is terminated. It shall also be the duty of the individual, firm, corporation, civic association or governmental entity to notify the Board of Examiners immediately if a constable in their employ is terminated, and such individual performed duties as a constable during and as part of the employment.

Code 1852, § 623; Code 1915, § 1408; 33 Del. Laws, c. 89, § 1; 40 Del. Laws, c. 138, § 1; Code 1935, §§ 1565, 1567, 1575; 10 Del. C. 1953, § 2710; 50 Del. Laws, c. 36, § 1; 55 Del. Laws, c. 85, § 32S; 65 Del. Laws, c. 433, § 1; 67 Del. Laws, c. 351, § 5; 70 Del. Laws, c. 186, § 1; 79 Del. Laws, c. 370, § 1.;