HA1 (2006) Detail

An ADDRESS for the removal of Kenneth R. McHugh, superior court justice, from office.


HA 1 – AS INTRODUCED

2006 SESSION

06-2099

09/04

HOUSE ADDRESS 1

AN ADDRESS for the removal of Kenneth R. McHugh, superior court justice, from office.

SPONSORS: Rep. Marple, Merr 9; Rep. L. Christiansen, Hills 27; Rep. Bettencourt, Rock 4; Rep. Cataldo, Straf 3

COMMITTEE: Joint Committee on Address

ANALYSIS

This address seeks the removal by address of justice Kenneth R. McHugh from the New Hampshire superior court.

06-2099

09/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ADDRESS for the removal of Kenneth R. McHugh, superior court justice, from office.

Be it Enacted by the Senate and House of Representatives in General Court convened:

The house of representatives and senate in general court convened, satisfied that the public good requires that the cause for removal is stated fully and substantially, that there is reasonable cause for removal, that the grounds for removal are not sufficient grounds for impeachment, and that the public good requires that Kenneth R. McHugh, superior court justice, should no longer hold and retain his judicial office, respectfully address and request your excellency, with the advice and consent of the council, to remove said justice Kenneth R. McHugh from office. Causes for removal are stated substantially as follows:

1. In a 1999 order on defendant’s motion to dismiss a petition for declaratory judgment and injunctive relief in James MacFarlane v. Beryl Rich, Rockingham County Superior Court 99-E-316, Justice McHugh refused to accept and honor Connecticut Superior Court orders and documents in violation of the Full Faith and Credit Clause, Article IV, sections 1 and 2, of the United States Constitution.

2. In his 1999 order in MacFarlane v. Rich, Justice McHugh circumvented New Hampshire law and violated the plaintiff’s right to due process by refusing to allow new evidence which would have changed the outcome of MacFarlane v. Rich, 132 NH 608 (1989).

3. In his 1999 order in MacFarlane v. Rich, Justice McHugh inaccurately characterized the claims made by the plaintiff as “frivolous,” “in bad faith,” and “malicious.”

4. In his 1999 order in MacFarlane v. Rich, Justice McHugh violated his oath of office under part 2, article 84 of the New Hampshire constitution to support the constitutions of the United States and New Hampshire and faithfully and impartially discharge and perform all duties according to the constitution and laws of the state of New Hampshire.

Links

HA1 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

HA1 Revision: 9376 Date: Jan. 21, 2010, midnight

Docket