Delaware Senate adopts rules for handling ethics complaints against senators

Eligible people may file sworn written complaints, which the Rules & Ethics Committee screens. Complaints must name a senator. House members and General Assembly employees covered by Senate Rule 18(b)(1) may file only for the conduct rule named in Senate Rule 17(a)(11). A complaint must identify each alleged conduct rule violation and give supporting facts under oath. The committee investigates only if the alleged facts could violate a conduct rule and the complaint passes its other screening tests. These rules apply until the Senate takes further action.

The Rules & Ethics Committee closes its complaint proceedings and limits the release of case information. This applies to committee proceedings on complaints against senators. The committee may authorize release of case information before its disciplinary report. After that report, it may release other case documents only if they are not privileged and release would not break a law. The required public release follows the committee's disciplinary report.

The Senate may discipline a senator after finding a conduct charge proved at a hearing. A case reaches the Senate after a committee recommendation or a Senate vote to consider the complaint. The Senate may choose a hearing or dismiss charges. It may delay action only while a grand jury or court proceeding is pending. A majority of all elected senators must find a charge proved. Suspension or expulsion needs two-thirds of all elected senators; other penalties need a majority.