SB109 (2007) Detail

Relative to emergency powers of the supreme court.


SB 109 – VERSION ADOPTED BY BOTH BODIES

04/12/07 1209s

31May2007… 1764h

2007 SESSION

07-1215

09/01

SENATE BILL 109

AN ACT relative to emergency powers of the supreme court.

SPONSORS: Sen. Foster, Dist 13; Rep. Dokmo, Hills 6

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill grants the chief justice of the supreme court the power to enter orders to suspend, toll, or otherwise grant relief from time deadlines imposed by statutes and rules of procedure, for a 21-day period, when certain emergency situations occur. The bill permits the legislature to terminate such orders by concurrent resolution.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

04/12/07 1209s

31May2007… 1764h

07-1215

09/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT relative to emergency powers of the supreme court.

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

1 New Section; Emergency Powers of the Supreme Court. Amend RSA 490 by inserting after section 6 the following new section:

I. The chief justice of the supreme court or, if the chief justice is unavailable, the most senior associate justice available, shall have the power, upon the request of the governor, attorney general, or the chief judge of any court, or on his or her own motion, in the event of a state of emergency, as defined in RSA 21-P:35, VIII, to enter such order or orders as may be appropriate to suspend, toll, or otherwise grant relief from time deadlines imposed by otherwise applicable statutes and rules of procedure for a period of up to 21 calendar days, including, without limitation, those affecting speedy trial procedures in criminal and juvenile proceedings, all civil process and proceedings, and all appellate time limitations. Such order or orders may be renewed by a majority of the justices of the supreme court as justice may require; provided, however, that any such renewal with respect to applicable statutes shall be effective only upon the concurrence of the governor or, in the governor’s absence, the attorney general.

II. The general court may terminate any order entered pursuant to paragraph I of this section to the extent that it deals with applicable statutes by concurrent resolution adopted by a majority vote of each chamber. The justices’ authority to renew such an order to the extent that it deals with applicable statutes shall terminate upon the adoption of a concurrent resolution under this paragraph.

2 Effective Date. This act shall take effect January 1, 2008.