CACR2 (2005) Detail

Relating to the appointment of judges. Providing that judges shall be appointed to 5-year terms of office which may be renewed.


CACR 2 – AS INTRODUCED

2005 SESSION

05-0016

06/09

CONSTITUTIONAL AMENDMENT

CONCURRENT RESOLUTION 2

RELATING TO: the appointment of judges.

PROVIDING THAT: judges shall be appointed to 5-year terms of office which may be renewed.

SPONSORS: Rep. Bicknell, Rock 1; Rep. Itse, Rock 9; Rep. Gonzalez, Hills 17; Sen. Boyce, Dist 4

COMMITTEE: Judiciary

ANALYSIS

This constitutional amendment concurrent resolution provides that judges shall be appointed for renewable 5-year terms of office.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05-0016

06/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

CONCURRENT RESOLUTION PROPOSING CONSTITUTIONAL AMENDMENT

RELATING TO: the appointment of judges.

PROVIDING THAT: judges shall be appointed to 5-year terms of office which may be renewed.

Be it Resolved by the House of Representatives, the Senate concurring, that the

Constitution of New Hampshire be amended as follows:

I. That the article 73 of the second part of the constitution be amended to read as follows:

[Art.] 73. [Tenure of Office to be Expressed in Commissions; Judges to Hold Office [During Good Behavior], for 5 Years etc.; Removal.] The tenure that all commissioned officers shall have by law in their offices shall be expressed in their respective commissions, and in order that the people may not suffer from the long continuance in place of any judicial officer who shall fail in discharging the important duties of his or her office with ability and fidelity, all judicial officers duly appointed, commissioned and sworn, shall hold their offices [during good behavior except those for whom a different provision is made in this constitution] for 5 years from their respective appointment dates, and upon the expiration of any commission, the same may if necessary be renewed or another person appointed as shall most conduce to the well being of the state. The governor with consent of the council may remove any commissioned officer for reasonable cause upon the address of both houses of the legislature, provided nevertheless that the cause for removal shall be stated fully and substantially in the address and shall not be a cause which is a sufficient ground for impeachment, and provided further that no officer shall be so removed unless he or she shall have had an opportunity to be heard in his or her defense by a joint committee of both houses of the legislature.

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 73 of the second part be amended to provide for 5 year renewable terms of judges to read as follows:

[Art.] 73. [Tenure of Office to be Expressed in Commissions; Judges to Hold Office for 5 Years etc.; Removal.] The tenure that all commissioned officers shall have by law in their offices shall be expressed in their respective commissions, and in order that the people may not suffer from the long continuance in place of any judicial officer who shall fail in discharging the important duties of his or her office with ability and fidelity, all judicial officers duly appointed, commissioned and sworn, shall hold their offices for 5 years from their respective appointment dates, and upon the expiration of any commission, the same may if necessary be renewed or another person appointed as shall most conduce to the well being of the state. The governor with consent of the council may remove any commissioned officer for reasonable cause upon the address of both houses of the legislature, provided nevertheless that the cause for removal shall be stated fully and substantially in the address and shall not be a cause which is a sufficient ground for impeachment, and provided further that no officer shall be so removed unless he or she shall have had an opportunity to be heard in his or her defense by a joint committee of both houses of the legislature.”

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.

Links

CACR2 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

CACR2 Revision: 8590 Date: Jan. 21, 2010, midnight

Docket