Delaware Senate Bill 179
Session 152
An Act To Amend Title 8, Title 10, Title 12, And Title 26 Of The Delaware Code Relating To Changes To The Title “Master In Chancery”.
Became Law
Signed by Governor on Jul 17, 2023
Sponsors
9 Sponsors
Bryan Townsend
S. Elizabeth Lockman
Kendra Johnson
Nicole Poore
Trey Paradee
William Bush
Sean Matthews
Spiros Mantzavinos
William J. Carson
First Action
Jun 15, 2023
Latest Action
Jul 17, 2023
Origin Chamber
Senate
Type
Bill
Bill Number
179
State
Delaware
Session
152
Bryan Townsend
grade
Primary
Kendra Johnson
grade
Primary
Nicole Poore
grade
Primary
S. Elizabeth Lockman
grade
Primary
Sean Matthews
grade
Primary
Spiros Mantzavinos
grade
Primary
Trey Paradee
grade
Primary
William Bush
grade
Primary
William J. Carson
grade
Primary
checkPassed on June 22, 2023
Motion Text
2/3
Senate Roll Call Votes
Other
Yes
Yes
Russell Huxtable
Yes
Yes
Summary
This Act replaces references to “Masters” in the Court of Chancery with “Magistrate”.
The Court of Chancery, as Delaware’s court of equity, “traces its jurisdiction and powers to the High Court of Chancery in Great Britain at the time of the American Revolution.” DiGiacobbe v. Sestak, 743 A.2d 180, 182 (Del. 1999). At that time in British history, the High Court appointed persons bearing the title “Masters in Chancery” to examine witnesses and prepare reports of their factual findings in causes referred to them. On its formation, the Court of Chancery inherited the power to appoint judicial officers for similar purposes. The General Assembly later adopted laws, and the Court of Chancery adopted rules, expressly memorializing this power. Following the tradition of the High Court, those laws and rules referred to judicial officers appointed to serve at the pleasure of the Chancellor as “Masters in Chancery”.
The title of “master” carries negative connotations due to the use of the term as the title of owners of slaves. Although the title “Master in Chancery” has no link to that historical context, the Court of Chancery is sensitive to the title’s negative connotations and so has proposed a new title, “Magistrate in Chancery”.
This Act requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware General Corporation Law.
07/17/2023
Office of the Governor
Signed by Governor
06/30/2023
House
Passed By House. Votes: 34 YES 6 NOT VOTING 1 ABSENT
06/30/2023
House
Suspension of Rules in House
06/30/2023
House
Suspension of Rules in House
06/23/2023
House
Assigned to Administration Committee in House
06/22/2023
Senate
Passed By Senate. Votes: 20 YES 1 ABSENT
06/21/2023
Senate
Reported Out of Committee (Judiciary) in Senate with 5 On Its Merits
06/15/2023
Senate
Introduced and Assigned to Judiciary Committee in Senate
Sources
Open States
Record Created
Jun 16, 2023 2:44:11 AM
Record Updated
Jul 26, 2023 2:54:28 AM