HB 1726-FN – AS INTRODUCED
2006 SESSION
09/10
HOUSE BILL 1726-FN
AN ACT requiring the state to pay legal fees for certain supreme court justices.
This bill requires the state to pay legal fees for certain supreme court justices as a result of claims they were subjected to, and prevailed as to, involved in impeachment proceedings initiated by the legislature.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06-2838
09/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT requiring the state to pay legal fees for certain supreme court justices
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Payment of Legal Fees of Certain Supreme Court Justices.
I. The department of justice shall pay the following amounts to the following persons from funds appropriated under PAU 02, 04, 01, 01 class 93 litigation expenses, as full and final payment for legal fees incurred by such persons in the capacity as supreme court justices as a result of claims they were subjected to, and prevailed as to, involved in impeachment proceedings initiated by the legislature:
(a) Retired Chief Justice David A. Brock $534,360
(b) Retired Associate Justice Sherman D. Horton, Jr. $37,000
(c) Chief Justice John T. Broderick, Jr. $90,000
II. Prior to payment of the sums under paragraph I, retired justices Brock and Horton and chief justice Broderick shall submit to the department of justice, signed release statements from themselves that the payments made under paragraph I are full and final payments for legal fees incurred for the impeachment proceedings.
2 Effective Date. This act shall take effect upon its passage.
LBAO
06-2838
Revised 1/17/06
HB 1726 FISCAL NOTE
AN ACT requiring the state to pay legal fees for certain supreme court justices.
FISCAL IMPACT:
The Department of Justice has determined this bill will increase state general fund expenditures by $661,360 in FY 2006. This bill will have no fiscal impact on county and local expenditures or state, county, and local revenue.
METHODOLOGY:
The Department of Justice states this bill requires the Department to pay all of the legal fees of Chief Justice Broderick and retired Justices Brock and Horton related to their impeachment proceedings initiated by the Legislature. The $661,360 in fees is required to be paid from monies appropriated for the Department’s current litigation expenses. The Department uses this account to pay for all litigation expenses to prosecute and/or provide a defense regarding all claims and charges involving the state, including but not limited to trial expenses and expert fees for all homicide prosecutions, the education funding lawsuit, and ongoing institutional litigation against the Department of Health & Human Services and the Department of Corrections.
The Department further states for FY 2006 under PAU 02-04-01-01, class 93, the Department’s litigation expenses are funded in the amount of $350,000 and as of 1/13/06 has an available balance of $91,257. The Department’s litigation account does not have sufficient funds to make the payments required by this bill. Under RSA 7:12, with the approval of the Fiscal Committee and Governor and Council, the Department may seek additional monies in the treasury not otherwise appropriated to supplement the Department’s litigation account; however, the Department states there is no requirement that would mandate the Fiscal Committee or Governor and Council to approve any reimbursement to the Department of monies paid to the judges in accordance with this bill.