HB 1721-FN – AS INTRODUCED
2006 SESSION
09/03
HOUSE BILL 1721-FN
AN ACT relative to changes in the use of weighted caseload statistics in the calculation of the salaries of part-time district court justices.
SPONSORS: Rep. Dokmo, Hills 6; Sen. Foster, Dist 13
This bill makes certain changes in the use of weighted caseload statistics in the calculation of the salaries of part-time justices.
This bill was requested by the supreme court.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06-2659
09/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to changes in the use of weighted caseload statistics in the calculation of the salaries of part-time district court justices.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 District Court Justices; Salaries. Amend RSA 491-A:3 to read as follows:
491-A:3 District Court Justices; Salaries.
I. For purposes of calculating the annual salaries of part-time district court justices appointed after July 1, 1987, the supreme court shall establish and revise as needed a weighted case value, relating the judicial time required for each type of case included in the court’s jurisdiction, which when multiplied by the caseload of each court will produce the number of weighted case units for that court. Any revisions to the weighted case values shall be approved by the fiscal committee. The number of weighted case units shall be calculated by the administrative office of the courts in October of each year, using caseload statistics for the preceding 12-month period. Said weighted case units shall serve as the basis for determining the salary of part-time justices for the next calendar year.
II. [The following compensation schedule shall be used when calculating salaries for part-time district court justices, beginning July 1, 1987:
Weighted
Case Units Step Increase Per 100 Case Units
1 2 3 4 5
0 499 $2,500 $3,217 $3,928 $4,642 5,356
500 999 6,070 6,784 7,498 8,212 8,926
1000 1499 9,640 10,354 11,068 11,782 12,496
1500 1999 13,329 14,162 14,995 15,828 16,661
2000 2499 17,494 18,327 19,160 19,993 20,826
2500 2999 21,659 22,492 23,325 24,258 24,991
3000 3499 25,824 26,657 27,490 28,323 29,156
3500 3999 29,989 30,822 31,655 32,488 33,321
4000 4499 34,154 34,987 35,820 36,653 37,486
4500 4999 38,319 39,152 39,985 40,818 41,651
5000 5250 42,484 43,317 43,733 -- --
III.] The salary of a part-time justice shall not exceed 70 percent of the taxable salary of a full-time district court justice as provided by RSA 491-A:1. Judicial time shall be measured in weighted case units which shall reflect judicial time required to process a case. [The compensation per weighted case unit shall be proportional to the taxable compensation for a full-time judge.] Part-time justices shall receive the proportional share of the taxable salary of a full-time justice pursuant to RSA 491-A:1 based upon the total weighted case units. The calculation shall be made using 4 decimal precision. A part-time justice, whose weighted caseload equals 3.5 judicial days per week, shall receive the maximum salary as provided by this section. [The compensation schedule provided by this section shall be based upon the taxable salary of a full-time district court justice pursuant to RSA 491-A:1.]
[IV.] III. The supreme court, after reviewing population, caseload, judicial time and efficiency, available judicial resources, the needs of the judicial branch family division, and other relevant criteria may request the governor and council to designate a sitting part-time justice as a full-time justice. The court may recommend certain justices; however, the governor and council shall not be bound by that recommendation. Upon designation, that justice shall become full-time. Prior to making its request, the supreme court shall receive the approval of the fiscal committee and there shall be funds in the court’s budget specifically appropriated for the salary and benefits of an additional full-time district court justice.
IV. Appropriations for judicial salaries shall be sought on the basis of the judicial workload as quantified through the weighted caseload.
2 Probate Judges; Salaries. Amend RSA 491-A:4 to read as follows:
491-A:4 Probate Judges; Salaries.
I. For purposes of calculating the annual salaries of part-time judges appointed after October 3, 1986, the supreme court shall establish and revise as needed a weighted case value, relating the judicial time required for each type of case included in the court’s jurisdiction, which when multiplied by the caseload of each court will produce the number of weighted case units for that court. Any revisions to the weighted case values shall be approved by the fiscal committee. The number of weighted case units, as calculated annually by the administrative office of the courts, shall serve as the basis for determining the salary of part-time justices.
II. [The following compensation schedule shall be used when calculating salaries for part-time probate judges from October 3, 1986:
Weighted
Case Units Step Increase Per 100 Case Units
1 2 3 4 5
0 499 $2,500 $3,217 $3,928 $4,642 5,356
500 999 6,070 6,784 7,498 8,212 8,926
1000 1499 9,640 10,354 11,068 11,782 12,496
1500 1999 13,329 14,162 14,995 15,828 16,661
2000 2499 17,494 18,327 19,160 19,993 20,826
2500 2999 21,659 22,492 23,325 24,258 24,991
3000 3499 25,824 26,657 27,490 28,323 29,156
3500 3999 29,989 30,822 31,655 32,488 33,321
4000 4499 34,154 34,987 35,820 36,653 37,486
4500 4999 38,319 39,152 39,985 40,818 41,651
5000 5250 42,484 43,317 43,733 -- --
III.] The salary of a part-time justice shall not exceed 70 percent of the taxable salary of a full-time [district] probate court justice as provided by RSA 491-A:1. Judicial time shall be measured in weighted case units which shall reflect judicial time required to process a case. [The compensation per weighted case unit shall be proportional to the taxable compensation for a full-time judge.] Part-time justices shall receive the proportional share of the taxable salary of a full-time justice pursuant to RSA 491-A:1 based upon the total weighted case units. The calculation shall be made using 4 decimal precision. A part-time justice, whose weighted caseload equals 3.5 judicial days per week, shall receive the maximum salary as provided by this section. [The compensation schedule provided in this section shall be based upon the taxable salary of a full-time district court justice pursuant to RSA 491-A:1.]
[IV.] III. The supreme court, after reviewing population, caseload, judicial time and efficiency, available judicial resources, the needs of the judicial branch family division, and other relevant criteria, may request the governor and council to designate a sitting part-time probate judge as a full-time judge. The court may recommend certain judges; however, the governor and council shall not be bound by that recommendation. Upon designation, that judge shall become full-time. Prior to making its request, the supreme court shall receive the approval of the fiscal committee and there shall be funds in the court’s budget specifically appropriated for the salary and benefits of an additional full-time probate judge.
IV. Appropriations for judicial salaries shall be sought on the basis of the judicial workload as quantified through the weighted caseload.
3 Reference Change. Amend RSA 502-A:21-a to read as follows:
502-A:21-a Full-Time District Court Justices. A district court justice designated to be full-time under RSA 491-A:3, [IV] III shall not be permitted to engage in the practice of law to any degree. Full-time justices shall receive the salary specified in RSA 491-A:1. Full-time justices chosen pursuant to this section shall, when requested by the supreme court, assist other district courts whenever a justice in such other court is disqualified, disabled, otherwise unable to sit, or in need of assistance.
4 Reference Change. Amend RSA 547:2-a to read as follows:
547:2-a Full-Time Judges. A probate judge designated to be full-time pursuant to RSA 491-A:4, [IV] III shall not be permitted to engage in the practice of law to any degree. Full-time probate judges shall receive the salary specified in RSA 491-A:1. Full-time judges designated pursuant to RSA 491-A:4, [IV] III shall assist the probate courts in the other counties whenever a probate judge in such other county is disqualified, disabled, or otherwise unable to sit.
5 Effective Date. This act shall take effect July 1, 2006.
LBAO
06-2659 12/14/05
HB 1721-FN - FISCAL NOTE
AN ACT relative to changes in the use of weighted caseload statistics in the calculation of the salaries of part-time district court justices.
FISCAL IMPACT:
The Office of Legislative Budget Assistant is unable to complete a fiscal note for this bill as it is awaiting information from the Administrative Office of the Courts. The LBA has been waiting 10 weeks for the Office to reply. Bill introduction and scheduling commitments do not allow us to wait any longer. When completed, the fiscal note will be forwarded to the House Clerk's Office.