SB31 (2009) Detail

( New Title) establishing the Candia District Court and the Manchester District Court as judicial branch family division sites and relative to the Dover-Somersworth-Durham district court.


CHAPTER 165

SB 31-FN – FINAL VERSION

20May2009… 1586h

2009 SESSION

09-0934

09/05

SENATE BILL 31-FN

AN ACT establishing the Candia District Court and the Manchester District Court as judicial branch family division sites and relative to the Dover-Somersworth-Durham district court.

SPONSORS: Sen. Reynolds, Dist 2

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill establishes the Candia District Court and the Manchester District Court as judicial branch family division sites. The bill also deletes a provision requiring cases arising from the towns of Durham, Lee, and Madbury to be held regularly at a court facility in the town of Durham.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20May2009… 1586h

09-0934

09/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT establishing the Candia District Court and the Manchester District Court as judicial branch family division sites and relative to the Dover-Somersworth-Durham district court.

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

165:1 Judicial Branch Family Division; Sites; Rockingham County. Amend RSA 490-D:4, III and IV to read as follows:

III. The courthouses in Rockingham county which will house the judicial branch family division shall be the court facility in Brentwood, the Portsmouth District Court, the Salem District Court, the Candia District Court, and the Derry District Court.

IV.(a) Matters arising in municipalities located within the Portsmouth district, the Hampton district, and the towns of Newfields, Newmarket, and Stratham shall be heard in the Portsmouth District Court.

(b) Matters arising in municipalities located within the Salem district shall be heard in the Salem District Court.

(c) Matters arising in municipalities located within the [Auburn district (except for the towns of Deerfield, Northwood, Nottingham, and Raymond) and the] Derry district shall be heard in the Derry District Court.

(d) Matters arising in municipalities located within the Exeter district (except for the towns of Newfields, Newmarket, and Stratham), and the Plaistow district[, and the towns of Deerfield, Northwood, Nottingham, and Raymond] shall be heard in the court facility in Brentwood.

(e) Matters arising in municipalities located within the Candia district shall be heard in the Candia District Court.

165:2 Judicial Branch Family Division; Sites; Hillsborough County. Amend RSA 490-D:4, XV and XVI(a) to read as follows:

XV. The courthouses in Hillsborough county which will house the judicial branch family division shall be the [Hillsborough County Superior Court for the northern judicial district] Manchester District Court, the Goffstown District Court, the Hillsborough County Superior Court for the southern judicial district, the Milford District Court, the Merrimack District Court and, upon completion of construction, the Henniker-Hillsborough District Court.

XVI.(a) Matters arising in municipalities located within the Manchester district shall be heard in the [Hillsborough County Superior Court for the northern judicial district] Manchester District Court.

165:3 Implementation Plan; Order. Site changes made by sections 1 and 2 of this act shall not be operational until the supreme court so orders, pursuant to RSA 490-D:5.

165:4 Dover-Somersworth-Durham District Court. Amend RSA 502-A:1, VII to read as follows:

VII. DOVER-SOMERSWORTH-DURHAM DISTRICT. The Dover-Somersworth-Durham district shall consist of the cities of Dover and Somersworth and the towns of Rollinsford, Durham, Lee, and Madbury. The court shall be located in a city or town within the judicial district in a location and facility designated pursuant to RSA 490-B:3, having regard for the convenience of the communities within the district, provided, however, that the court shall not be located in any building which does not meet the minimum standard prescribed by the New Hampshire court accreditation commission pursuant to RSA 490:5-c. The court shall hold sessions regularly at the principal court location and elsewhere in the district as justice may require. [Cases arising from the towns of Durham, Lee, and Madbury shall be held regularly at a court facility in the town of Durham.]

165:5 Effective Date. This act shall take effect upon its passage.

Approved: July 8, 2009

Effective Date: July 8, 2009