Opinion of the Justices

To His Excellency Pierre S. duPont, Governor of Delaware:

Reference is made to your letter, dated November 19, 1980, requesting the opinions of the Justices of the Supreme Court of Delaware, under 10 Del.C. § 141,* upon the following question:

“May I, during the current recess of the Senate, exercise the recess appointment power granted under Article III Section 9 and issue interim Commissions to Messrs. Heath, Moore and Painter as successors to Messrs. Woodward and Tull, and Ms. Schabinger respectively?”

Preliminarily, your letter states:

“Specifically, I would like your guidance concerning the…