AN ACT TO AMEND TITLES 10 AND 29 OF THE DELAWARE CODE RELATING TO JUDICIAL BRANCH EMPLOYEES’ EXEMPTION FROM THE MERIT SYSTEM OF PERSONNEL ADMINISTRATION.

This Act exempts all Judicial Branch employees from the Executive Branch’s Merit System of Personnel Administration. By enacting a comprehensive set of Judicial Branch Personnel Rules and updating those rules to apply to all Judicial Branch employees, the Chief Justice of the Delaware Supreme Court has exercised his constitutionally conferred authority to administer employment relations for the Judicial Branch. Superior Court v. State, Public Employment Relations Bd., 988 A.2d 429 (Del. 2010). This Act recognizes and respects the constitutional powers vested in the Chief Justice, as the administrative head of the Judicial Branch, to govern Judicial Branch employment relations. This Act will not curtail any bargained-for employment rights currently held by Judicial Branch employees covered by the Merit System. Instead, this Act will simplify matters of personnel administration for the Judicial Branch by having one consistent set of rules and processes apply equally to all Judicial Branch employees. This Act will become effective for all current and future Judicial Branch employees within six months from the date of enactment.