Bill Sponsor
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
Became Law
Signed by Governor on Jul 17, 2023
Sponsors
Democrat
Bryan Townsend
Democrat
S. Elizabeth Lockman
Democrat
Kendra Johnson
Democrat
Nicole Poore
Democrat
Trey Paradee
Democrat
William Bush
Democrat
Sean Matthews
Democrat
Spiros Mantzavinos
Democrat
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
Sponsorship by Party
Democrat
Primary
Democrat
Primary
Democrat
Primary
Democrat
Primary
Democrat
Primary
Democrat
Primary
Democrat
Primary
Democrat
Primary
Senate Votes (1)
House Votes (1)
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.
Actions (8)
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
Record Created
Jun 16, 2023 2:44:11 AM
Record Updated
Jul 26, 2023 2:54:28 AM