HB413 (2006) Detail

(New Title) relative to the appointment of the chief justice of the superior court and the number of superior court associate justices.


CHAPTER 38

HB 413 – FINAL VERSION

04Jan2006… 2005-1929h

02/02/06 0591s

2006 SESSION

05-0719

09/04

HOUSE BILL 413

AN ACT relative to the appointment of the chief justice of the superior court and the number of superior court associate justices.

SPONSORS: Rep. Rowe, Hills 6

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill establishes that the chief justice shall be appointed from among the associate justices of the superior court and may return to the position of associate justice upon resignation or the expiration of his or her term.

The bill also clarifies that the number of superior court associate justices is to be reduced to 21.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

04Jan2006… 2005-1929h

02/02/06 0591s

05-0719

09/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT relative to the appointment of the chief justice of the superior court and the number of superior court associate justices.

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

38:1 Superior Court. Contingency Appointment of Chief Justice; Contingency. Amend 2004, 74:1-2 to read as follows:

74:1 Superior Court; Appointment of Chief Justice. Amend RSA 491:1 to read as follows:

491:1 Justices. The superior court shall consist of a chief justice, appointed by the governor and council to a 5-year term, and 28 associate justices. Said justices shall be appointed and commissioned as prescribed by the constitution and shall exercise the powers of the court unless otherwise provided. The chief justice shall be appointed from among the associate justices. In the event that the chief justice resigns as chief justice or is not reappointed at the expiration of the 5-year term, he or she may return to the position of associate justice, whether or not an associate justice vacancy then exists.

74:2 Contingency. Section 1 of this act shall take effect upon the date the next vacancy occurs in the position of superior court chief justice, provided that 2004, 240:4 has not taken effect.

38:2 Superior Court Justices; Applicability; Contingency. Amend 2004, 240:4-5 to read as follows:

240:4 Superior Court Justices. Amend RSA 491:1 to read as follows:

491:1 Justices. The superior court shall consist of a chief justice[, appointed by the governor and council to a 5-year term,] and 21 associate justices. Said justices shall be appointed and commissioned as prescribed by the constitution and shall exercise the powers of the court unless otherwise provided.

240:5 Applicability; Contingency. Any superior court justice appointed prior to July 1, 2004 shall retain his or her position until resignation, retirement, or removal pursuant to the New Hampshire constitution. As vacancies occur in superior court justice positions, the vacancies shall remain unfilled until the number of superior court justices is reduced to 22. Section 4 of this act shall take effect on the date on which the number of superior court justices is reduced from 23 to 22, provided that 2004, 74:1 has not taken effect.

38:3 Superior Court Justices. RSA 491:1 is repealed and reenacted to read as follows:

491:1 Justices. The superior court shall consist of a chief justice, appointed by the governor and council to a 5-year term, and 21 associate justices. Said justices shall be appointed and commissioned as prescribed by the constitution and shall exercise the powers of the court unless otherwise provided. The chief justice shall be appointed from among the associate justices. In the event that the chief justice resigns as chief justice or is not reappointed at the expiration of the 5-year term, he or she may return to the position of associate justice, whether or not an associate justice vacancy then exists.

38:4 Contingency. Section 3 of this act shall take effect upon the date the next vacancy occurs in the position of superior court chief justice or the date on which the number of superior court justices is reduced from 23 to 22, whichever occurs later.

38:5 Effective Date.

I. Section 3 of this act shall take effect as provided in section 4 of this act.

II. The remainder of this act shall take effect upon passage.

Approved: April 18, 2006

Effective: I. Section 3 shall take effect as provided in section 4.

II. Remainder shall take effect April 18, 2006