HB577 (2008) Detail

Establishing the number of associate justices of the superior court.


HB 577-FN – AS INTRODUCED

2007 SESSION

07-0713

09/04

HOUSE BILL 577-FN

AN ACT establishing the number of associate justices of the superior court.

SPONSORS: Rep. D. Cote, Hills 23; Rep. Dokmo, Hills 6; Sen. Foster, Dist 13

COMMITTEE: Judiciary

ANALYSIS

This bill establishes that there shall be 23 associate justices of the superior court.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07-0713

09/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT establishing the number of associate justices of the superior court.

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

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 RSA 491:1 is repealed and reenacted to read as follows:

491:1 Justices. The court shall consist of a chief justice and 23 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.

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 RSA 491:1 is repealed and reenacted to read as follows:

491:1 Justices. The court shall consist of a chief justice, appointed by the governor and council to a 5-year term, and 23 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.

3 Repeal. The following are repealed:

I. 2004, 74, relative to the appointment and term of the chief justice of the supreme court.

II. 2006, 38, relative to the appointment of the chief justice of the court and the number of superior court associate justices.

4 Contingency. Section 2 of this act shall take effect upon the date of the next vacancy in the court chief justice position.

5 Effective Date.

I. Section 2 of this act shall take effect as provided in section 4 of this act.

II. The remainder of this act shall take effect July 1, 2007.

LBAO

07-0713

01/26/07

HB 577-FN - FISCAL NOTE

AN ACT establishing the number of associate justices of the superior court.

FISCAL IMPACT:

      The Judicial Branch has determined this bill increases state general fund expenditures by $428,248 in fiscal year 2008 and each year thereafter. There is no fiscal impact on county and local expenditures or state, county and local revenues.

METHODOLOGY:

    The Judicial Branch states this bill increases the number of associate justices of the superior court from 21 to 23, an increase of two justices. The current salary of an associate justice of the superior court is $125,208 with benefits calculated at 37.5%. The Department states the only support costs for two additional associate justices that cannot be absorbed within the existing budget are the cost of two court monitor/assistants at labor grade 20 with benefits calculated at 48.3%. The Branch assumes no future salary increases and assumes the positions will be filled for the entire FY 2008. Costs associated with these positions are as follows:

    Associate Justice Salary $125,208

    Benefits 46,953

    Total 172,161

    Cost for 2 positions $344,322

    Court Monitor/Assistant Salary $ 28,296

    Benefits 13,667

    Total 41,963

    Cost for 2 positions $ 83,926

    Total Cost $428,248

    This bill does not establish the support positions or make an appropriation to fund any of the positions.