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SB172 • 2025

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE OFFICE OF DEFENSE SERVICES.

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE OFFICE OF DEFENSE SERVICES.

Labor
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Hoffner
Last action
2025-06-05
Official status
Senate Elections & Government Affairs 6/5/25
Effective date
Not listed

Plain English Breakdown

The official source does not provide specific salary amounts or a requirement for the Chief Defender to set fair pay for all employees, only that assistant public defenders and deputy attorneys general must be paid comparably.

Act to Equalize Compensation for Public Defenders

This act changes how public defenders and deputy attorneys general are paid, ensuring their salaries are at least in parity.

What This Bill Does

  • Changes the law so that assistant public defenders get paid as much as deputy attorneys general.
  • Prohibits salaried attorneys from practicing law outside their job at the Office of Defense Services after May 28, 2025.

Who It Names or Affects

  • Assistant public defenders
  • Deputy attorneys general
  • Salaried attorneys working for the Office of Defense Services

Terms To Know

Chief Defender
The person in charge of the Office of Defense Services who hires and pays employees.
Public Defenders
Lawyers who represent people who cannot afford to hire their own lawyers.

Limits and Unknowns

  • Does not specify how much exactly assistant public defenders will be paid.
  • The exact date when salaried attorneys must stop private practice is after May 28, 2025.

Bill History

  1. 2025-06-05 Delaware General Assembly

    Introduced and Assigned to Elections & Government Affairs Committee in Senate

Official Summary Text

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE OFFICE OF DEFENSE SERVICES.
This Act codifies the longstanding custom and practice in Delaware of compensating Deputy Attorneys General and Assistant Public Defenders comparably. This Act is also consistent with the American Bar Association’s Ten Principles of a Public Defense Delivery System which states: “The compensation for lawyers working for Public Defense Providers should be appropriate for and comparable to other publicly funded lawyers. Full-time public defender salaries and benefits should be no less than the salaries and benefits for full-time prosecutors.” Finally, this Act codifies the continuing belief in Delaware that comparable compensation is necessary to achieve equal justice under law.

Current Bill Text

Read the full stored bill text 
Legislation Document

SPONSOR:

Sen. Hoffner & Rep. Bush

DELAWARE STATE SENATE

153rd GENERAL ASSEMBLY

SENATE BILL NO. 172

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE OFFICE OF DEFENSE SERVICES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 4603, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 4603. Term of office; compensation; assistants.

(a) For appointments made after July 1, 2015, the Chief Defender shall serve for a term of 8 years from the date of appointment.

(b) The Chief Defender may appoint as many assistant attorneys, clerks, investigators, stenographers and other employees as the Chief Defender considers necessary to enable the Office of Defense Services to carry out the responsibilities of the office. Assistant Public Defenders and attorneys contracting with the Office of Conflicts Counsel must be licensed to practice in this State.

(c) The compensation of persons appointed under subsection (b) of this section shall be fixed by the Chief Defender.

(d) The compensation of assistant attorneys appointed by the Chief Defender pursuant to paragraph (b) of this section must be at least in parity with the compensation of Deputy Attorneys General.

(e) Salaried attorneys employed by the Office of Defense Services are prohibited from engaging in the practice of law outside the duties of the Office of Defense Services. Salaried attorneys who have already established private practices as of January 1, 2015, are exempt from the prohibition until May 28, 2025. After May 28, 2025, all salaried attorneys employed by the Office of Defense Services are prohibited from engaging in private law practice.

SYNOPSIS

This Act codifies the longstanding custom and practice in Delaware of compensating Deputy Attorneys General and Assistant Public Defenders comparably. This Act is also consistent with the American Bar Association’s Ten Principles of a Public Defense Delivery System which states: “The compensation for lawyers working for Public Defense Providers should be appropriate for and comparable to other publicly funded lawyers. Full-time public defender salaries and benefits should be no less than the salaries and benefits for full-time prosecutors.” Finally, this Act codifies the continuing belief in Delaware that comparable compensation is necessary to achieve equal justice under law.

Author: Senator Hoffner