CACR7 (2009) Detail

Relating to judges. Providing that judges be elected for a specified term.


CACR 7 – AS INTRODUCED

2009 SESSION

09-0239

09/04

CONSTITUTIONAL AMENDMENT

CONCURRENT RESOLUTION 7

RELATING TO: judges.

PROVIDING THAT: judges be elected for a specified term.

SPONSORS: Rep. Emiro, Rock 3

COMMITTEE: Judiciary

ANALYSIS

This constitutional amendment concurrent resolution requires judges to be elected for a specified term.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

09-0239

09/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

CONCURRENT RESOLUTION PROPOSING CONSTITUTIONAL AMENDMENT

RELATING TO: judges.

PROVIDING THAT: judges be elected for a specified term.

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

Constitution of New Hampshire be amended as follows:

I. That article 35 or the first part of the constitution be amended to read as follows:

[Art.] 35. [The Judiciary; Tenure of Office, etc.] It is essential to the preservation of the rights of every individual, his life, liberty, property, and character, that there be an impartial interpretation of the laws, and administration of justice. It is the right of every citizen to be tried by judges as impartial as the lot of humanity will admit. It is therefore not only the best policy, but for the security of the rights of the people, that the judges of the supreme judicial court should hold their offices during their elected terms so long as they behave well; subject, however, to such limitations, on account of age, as may be provided by the constitution of the state; and that they should have honorable salaries, ascertained and established by standing laws.

II. That article 46 of the second part of the constitution be amended to read as follows:

[Art.] 46. [Nomination and Appointment of Officers.] [All judicial officers,] The attorney general, and all officers of the navy, and general and field officers of the militia, shall be nominated and appointed by the governor and council; and every such nomination shall be made at least three days prior to such appointment; and no appointment shall take place, unless a majority of the council agree thereto.

III. That the second part of the constitution be amended by inserting after article 72-a the following new article:

[Art.] 72-b. [Election of Judges; Vacancies.] All judicial officers shall be chosen in a general election held biennially in their jurisdictions in the month of November as follows:

(a) Judges shall be elected to 4-year terms beginning the Monday after January 1 following their election, except that a judge elected to an unexpired term serves the remainder of the term. The legislature may provide that an unopposed incumbent’s name not appear on the ballot.

(b) Judges of the district and probate courts shall be elected in their counties or districts at general elections.

(c) A vacancy shall be filed by election to a full term at the next general election after the January 1 following the vacancy, but the governor, with the approval of the executive council, shall appoint a person to fill the vacancy temporarily until the elected judge’s term begins.

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, 2010.

V. That the selectmen of all towns, cities, wards, and places in the state are directed to insert in their warrants for the said 2010 election an article to the following effect: To decide whether the amendments of the constitution proposed by the 2009 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 35 of the first part of the Constitution and Article 46 of the second part of the Constitution and inserting a new article 72-b in the second part of the Constitution, so that these articles read as follows:

[Art.] 35. [The Judiciary; Tenure of Office, etc.] It is essential to the preservation of the rights of every individual, his life, liberty, property, and character, that there be an impartial interpretation of the laws, and administration of justice. It is the right of every citizen to be tried by judges as impartial as the lot of humanity will admit. It is therefore not only the best policy, but for the security of the rights of the people, that the judges of the supreme judicial court should hold their offices during their elected terms so long as they behave well; subject, however, to such limitations, on account of age, as may be provided by the constitution of the state; and that they should have honorable salaries, ascertained and established by standing laws.

[Art.] 46. [Nomination and Appointment of Officers.] The attorney general, and all officers of the navy, and general and field officers of the militia, shall be nominated and appointed by the governor and council; and every such nomination shall be made at least three days prior to such appointment; and no appointment shall take place, unless a majority of the council agree thereto.

[Art.] 72-b. [Election of Judges; Vacancies.] All judicial officers shall be chosen in a general election held biennially in their jurisdiction in the month of November as follows:

(a) Judges shall be elected to 4-year terms beginning the Monday after January 1 following their election, except that a judge elected to an unexpired term serves the remainder of the term. The legislature may provide that an unopposed incumbent’s name not appear on the ballot.

(b) Judges of the district and probate courts shall be elected in their counties or districts at general elections.

(c) A vacancy shall be filled by election to a full term at the next general election after the January 1 following the vacancy, but the governor, with the approval of the executive council, shall appoint a person to fill the vacancy temporarily until the elected judge’s term begins.”

VII. 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.

VIII. 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 2009 General Court” shall be printed in bold type at the top of the ballot.

Links

CACR7 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

CACR7 Revision: 12378 Date: Jan. 20, 2009, midnight

Docket