CACR9 (2008) Detail

(New Title) RELATING TO: clerks of the probate court. \nPROVIDING THAT: clerks of the probate court shall be appointed instead of elected.


CACR 9 – AS AMENDED BY THE HOUSE

23Jan2008… 2496h

2007 SESSION

07-0459

06/04

CONSTITUTIONAL AMENDMENT

CONCURRENT RESOLUTION 9

RELATING TO: clerks of the probate court.

PROVIDING THAT: clerks of the probate court shall be appointed instead of elected.

SPONSORS: Rep. C. Chase, Hills 2; Rep. Mitchell, Ches 7; Rep. McEachern, Rock 16; Rep. DeJoie, Merr 11; Rep. Kaelin, Hills 4

COMMITTEE: Municipal and County Government

AMENDED ANALYSIS

This constitutional amendment concurrent resolution provides that clerks of the probate court shall be appointed by the appropriate probate judge.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

23Jan2008… 2496h

07-0459

06/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

CONCURRENT RESOLUTION PROPOSING CONSTITUTIONAL AMENDMENT

RELATING TO: clerks of the probate court.

PROVIDING THAT: clerks of the probate court shall be appointed instead of elected.

Be it Resolved by the House of Representatives, the Senate concurring, that the

Constitution of New Hampshire be amended as follows:

I. That article 71 of the second part of the constitution be amended to read as follows:

[Art.] 71. [County Treasurers, [Registers of Probate,] County Attorneys, Sheriffs, and Registers of Deeds Elected.] The county treasurers, [registers of probate,] county attorneys, sheriffs and registers of deeds, shall be elected by the inhabitants of the several towns, in the several counties in the state, according to the method now practiced, and the laws of the state, Provided nevertheless the legislature shall have authority to alter the manner of certifying the votes, and the mode of electing those officers; but not so as to deprive the people of the right they now have of electing them.

II. That article 81 of the second part of the constitution be amended to read as follows:

[Art.] 81. [Judges and [Registers] Clerks of Probate Not to Act as Counsel.] No judge, or [register] clerk of probate, shall be of counsel, act as advocate, or receive any fees as advocate or counsel, in any probate business which is pending, or may be brought into any court of probate in the county of which he is judge or [register] clerk.

III. That article 82 of the second part of the constitution be amended to read as follows:

[Art.] 82. [Clerks of Courts, by Whom Appointed.] The judges of the courts [(those of probate excepted)] shall appoint their respective clerks to hold their office during pleasure: And no such clerk shall act as an attorney or be of counsel in any cause in the court of which he is clerk, nor shall he draw any writ originating a civil action.

IV. That the above amendment proposed to the constitution be submitted to the qualified voters of the state at the state general election to be held in November, 2008.

V. That the selectmen of all towns, cities, wards and places in the state are directed to insert in their warrants for the said 2008 election an article to the following effect: To decide whether the amendments of the constitution proposed by the 2007 session of the general court shall be approved.

VI. That the wording of the question put to the qualified voters shall be:

“Are you in favor of amending Article 71, Article 81, and Article 82 of the second part of the constitution to rename the position of register of probate to clerk of probate, to end the election of registers of probate, and to provide that the clerks of probate will be appointed by the probate judges, so that these articles read as follows:

[Art.] 71. [County Treasurers, County Attorneys, Sheriffs, and Registers of Deeds Elected.] The county treasurers, county attorneys, sheriffs and registers of deeds, shall be elected by the inhabitants of the several towns, in the several counties in the state, according to the method now practiced, and the laws of the state, Provided nevertheless the legislature shall have authority to alter the manner of certifying the votes, and the mode of electing those officers; but not so as to deprive the people of the right they now have of electing them.

[Art.] 81. [Judges and Clerks of Probate Not to Act as Counsel.] No judge, or clerk of probate, shall be of counsel, act as advocate, or receive any fees as advocate or counsel, in any probate business which is pending, or may be brought into any court of probate in the county of which he is judge or clerk.

[Art.] 82. [Clerks of Courts, by Whom Appointed.] The judges of the courts shall appoint their respective clerks to hold their office during pleasure: And no such clerk shall act as an attorney or be of counsel in any cause in the court of which he is clerk, nor shall he draw any writ originating a civil action.”

VII. That the secretary of state shall print the question to be submitted on a separate ballot or on the same ballot with other constitutional questions. The ballot containing the question shall include 2 squares next to the question allowing the voter to vote “Yes” or “No.” If no cross is made in either of the squares, the ballot shall not be counted on the question. The outside of the ballot shall be the same as the regular official ballot except that the words “Questions Relating to Constitutional Amendments proposed by the 2007 General Court” shall be printed in bold type at the top of the ballot.

VIII. That if the proposed amendment is approved by 2/3 of those voting on the amendment, it becomes effective when the governor proclaims its adoption.

Links

CACR9 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

CACR9 Revision: 11326 Date: Jan. 1, 2008, midnight

Docket