An Act To Amend Title 9 Of The Delaware Code Relating To Assistant County Attorneys And Other Legal Professionals Employed With New Castle County.
Summary
SB 237 amends Title 9 of the Delaware Code to address the employment status of Assistant County Attorneys and other legal professionals working for New Castle County. The bill keeps the County Attorney’s authority to appoint assistant county attorneys as authorized by County Council, and it preserves the rule that these attorneys and other legal professionals serve at the pleasure of the County Attorney unless they later obtain tenure through an ordinance adopted by County Council. It also retains the existing requirement that First Assistant County Attorneys be selected under the New Castle County Merit System.
The bill’s stated purpose is to expressly authorize New Castle County Council to create tenure rights for these legal employees by ordinance, in response to New Castle County Council Resolution 26-018. The synopsis says this change is intended to improve recruitment and retention, support continuity in legal services, and promote independent legal advice, similar to protections already available to certain state and municipal legal staff.
Impact
If enacted, SB 237 would amend Chapter 13 of Title 9 to clarify that New Castle County Council may establish tenure for assistant county attorneys and other professional legal staff by ordinance. The practical effect is to give the county more explicit statutory authority to create job protections for these positions, while leaving appointment authority with the County Attorney and preserving the merit-system selection rule for First Assistant County Attorneys. The bill primarily affects New Castle County government, its legal department, and the county ordinance process.
Sentiment
The available record suggests broad support for the bill. The Senate third reading vote was unanimous, 19-0, indicating no recorded opposition at that stage. The synopsis frames the bill as a personnel and governance measure meant to strengthen the county’s legal workforce and improve the quality and independence of legal services, which is consistent with a generally favorable legislative posture.
Contention
No committee transcript is available, and the voting record shows no formal dissent, so there is little evidence of active controversy in the materials provided. The only potentially sensitive issue is the balance between county managerial discretion and employee job protections: the bill preserves the County Attorney’s appointment authority but allows County Council to create tenure by ordinance. Any disagreement would likely center on whether tenure should be expanded to these legal positions and how much control the county should retain over its legal staff.