Revision: Jan. 21, 2010, midnight
CACR 12 – AS INTRODUCED
2005 SESSION
09/10
CONSTITUTIONAL AMENDMENT
CONCURRENT RESOLUTION 12
RELATING TO: judicial conduct.
PROVIDING THAT: the people of New Hampshire, in a manner established by law, shall be responsible for investigating and evaluating the conduct of members of the judicial branch.
SPONSORS: Rep. Rowe, Hills 6
This constitutional amendment concurrent resolution grants the people of New Hampshire, in a manner established by law, the responsibility for investigating and evaluating the conduct of members of the judicial branch.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05-0504
09/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
CONCURRENT RESOLUTION PROPOSING CONSTITUTIONAL AMENDMENT
RELATING TO: judicial conduct.
PROVIDING THAT: the people of New Hampshire, in a manner established by law, shall be responsible for investigating and evaluating the conduct of members of the judicial branch.
Be it Resolved by the House of Representatives, the Senate concurring, that the
Constitution of New Hampshire be amended as follows:
I. That article 35 of the first part of the constitution be amended to read as follows:
[Art.] 35th. [The Judiciary; Tenure of Office, etc.] It is essential to the preservation of the rights of every individual, his life, liberty, property, and character, and there be an impartial interpretation of the laws, and administration of justice. It is the right of every citizen to be tried by judges as impartial as the lot of humanity will admit. It is therefore not only the best policy, but for the security of the rights of the people, that the judges of the supreme judicial court should hold their offices so long as they behave well; subject, however, to such limitations, on account of age, as may be provided by the constitution of the state; and that they should have honorable salaries, ascertained and established by standing laws. The people of New Hampshire, in a manner established by law, shall be responsible for investigating and evaluating the good behavior on the part of members of the judicial branch and shall have the authority to impose sanctions as necessary. This authority shall be in addition to the impeachment powers granted under article 17 of part 2.
II. That the above amendment proposed to the constitution be submitted to the qualified voters of the state at the state general election to be held in November, 2006.
III. That the selectmen of all towns, cities, wards and places in the state are directed to insert in their warrants for the said 2006 election an article to the following effect: To decide whether the amendments of the constitution proposed by the 2005 session of the general court shall be approved.
IV. That the wording of the question put to the qualified voters shall be:
“Are you in favor of amending the Constitution to provide that article 35 of part 1 of the constitution be amended to read as follows:
[Art.] 35th. [The Judiciary; Tenure of Office, etc.] It is essential to the preservation of the rights of every individual, his life, liberty, property, and character, and there be an impartial interpretation of the laws, and administration of justice. It is the right of every citizen to be tried by judges as impartial as the lot of humanity will admit. It is therefore not only the best policy, but for the security of the rights of the people, that the judges of the supreme judicial court should hold their offices so long as they behave well; subject, however, to such limitations, on account of age, as may be provided by the constitution of the state; and that they should have honorable salaries, ascertained and established by standing laws. The people of New Hampshire, in a manner established by law, shall be responsible for investigating and evaluating the good behavior on the part of members of the judicial branch and shall have the authority to impose sanctions as necessary. This authority shall be in addition to the impeachment powers granted under article 17 of part 2.
V. That the secretary of state shall print the question to be submitted on a separate ballot or on the same ballot with other constitutional questions. The ballot containing the question shall include 2 squares next to the question allowing the voter to vote “Yes” or “No.” If no cross is made in either of the squares, the ballot shall not be counted on the question. The outside of the ballot shall be the same as the regular official ballot except that the words “Questions Relating to Constitutional Amendments proposed by the 2005 General Court” shall be printed in bold type at the top of the ballot.
VI. That if the proposed amendment is approved by 2/3 of those voting on the amendment, it becomes effective when the governor proclaims its adoption.