HB315 (2011) Detail

Relative to appointment of attorneys by judges, marital masters, and judicial officers.


HB 315 – AS INTRODUCED

2011 SESSION

11-0775

09/03

HOUSE BILL 315

AN ACT relative to appointment of attorneys by judges, marital masters, and judicial officers.

SPONSORS: Rep. Soltani, Merr 8

COMMITTEE: Judiciary

ANALYSIS

This bill establishes requirements for appointment of attorneys by judges, marital masters, and judicial officers.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11-0775

09/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT relative to appointment of attorneys by judges, marital masters, and judicial officers.

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

1 New Chapter; Court Appointment of Attorneys. Amend RSA by inserting after chapter 493-A the following new chapter:

CHAPTER 493-B

COURT APPOINTMENT OF ATTORNEYS

493-B:1 Court Appointment of Attorneys.

I. No judge, marital master, or judicial offer, or any panel thereof, shall appoint an attorney or commit public funds for an attorney in connection with the representation of any person, whether indigent or not, except as specifically authorized by the New Hampshire constitution, federal or state law, or mandate of the New Hampshire supreme court. Such appointment shall be made only upon application of the person making the request and consistent with rules adopted by the New Hampshire supreme court.

II. No judge, marital master, or judicial officer, or any panel thereof, shall under any circumstances appoint an attorney or commit public funds for the representation of any person, whether indigent or not, or provision of legal services in any court other than the court in which the appointment is made, except to the extent necessary to preserve or perfect an appeal as mandated by the New Hampshire supreme court.

III. A violation of this section shall be an impeachable offense as determined by the general court.

2 Effective Date. This act shall take effect January 1, 2012.