CHAPTER 94
SB 446 – FINAL VERSION
01/31/08 0196s
2008 SESSION
03/01
SENATE BILL 446
AN ACT allowing probate court judges and district court justices to sit on either court in certain circumstances.
This bill clarifies the circumstances under which probate court judges and district court justices may sit on either 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
01/31/08 0196s
08-2834
03/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT allowing probate court judges and district court justices to sit on either court in certain circumstances.
Be it Enacted by the Senate and House of Representatives in General Court convened:
94:1 District Courts; Assignment of Judges. Amend RSA 502-A:5-a to read as follows:
502-A:5-a Assignment of Judges. After assessing caseload needs and requirements under exigent circumstances and consulting with the administrative judges, the chief justice of the supreme court may assign from a precertified list of judges any district court justice to hear cases in the probate court on a temporary basis. For purposes of this section only, “exigent circumstances” shall mean the unavailability of a probate court judge for a period of time that would cause delay or a burden on the rights of litigants in a particular matter.
94:2 Judges of Probate and Their Jurisdiction; Assignment of Judges. Amend RSA 547:38 to read as follows:
547:38 Assignment of Judges. After assessing caseload needs and requirements under exigent circumstances and consulting with the administrative judges, the chief justice of the supreme court may assign from a precertified list of judges any probate court judge to hear cases in the district court on a temporary basis. For purposes of this section only, “exigent circumstances” shall mean the unavailability of a district court judge for a period of time that would cause delay or a burden on the rights of litigants in a particular matter.
94:3 Effective Date. This act shall take effect upon its passage.
Approved: May 21, 2008
Effective Date: May 21, 2008