HB344 (2009) Detail

Establishing the number of associate justices of the superior court.


HB 344-FN – AS INTRODUCED

2009 SESSION

09-0666

09/01

HOUSE BILL 344-FN

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

SPONSORS: Rep. Cote, Hills 23; Sen. Reynolds, Dist 2

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

09-0666

09/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

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 RSA 491:1 is repealed and reenacted to read as follows: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 RSA 491:1 is repealed and reenacted to read as follows: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 The following are repealed: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, 2009.

LBAO

09-0666

01/07/09

HB 344-FN - FISCAL NOTE

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

FISCAL IMPACT:

    The Judicial Branch states this bill will increase state expenditures by $247,446 in FY 2010 and $494,214 in FY 2011, $503,661 in FY 2012, and $513,815 in FY 2013. This bill will have no fiscal impact on state, county, or local revenues and county or local expenditures.

METHODOLOGY:

    This bill establishes that there shall be twenty three associate justices of the superior court. The Judicial Branch states this bill will increase state expenditures by the annual salaries of the two additional associate justices and two new court monitors to take the record in court for the two new associate justices; as well as the necessary start up costs such as robes, name desk blocks, executive chairs, and computers.

    The Branch’s estimate does not consider any judicial salary increases and assumes that due to the time needed to appoint and confirm new judges, that judges and court monitors would not begin employment until January 1, 2010.

    This bill does not contain an appropriation or establish the court monitor positions.