HB 344-FN – AS INTRODUCED
2011 SESSION
09/04
HOUSE BILL 344-FN
AN ACT establishing a judicial performance review commission.
SPONSORS: Rep. Rowe, Hills 6; Rep. Mirski, Graf 10; Rep. Itse, Rock 9
This bill establishes a judicial performance review commission and requires each district court and superior court judge and marital master to be reviewed by the commission every 3 years.
The bill authorizes the department of administrative services and the department of information technology to assist the judicial performance review commission in certain areas. The bill permits the commission to adopt rules of procedure and hire necessary staff.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11-0100
09/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT establishing a judicial performance review commission.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; Judicial Performance Review Commission.. Amend RSA by inserting after chapter 494-A the following new chapter:
CHAPTER 494-B
JUDICIAL PERFORMANCE REVIEW COMMISSION
494-B:1 There is hereby established a judicial performance review commission which shall be responsible for conducting performance reviews of district and superior court judges and marital masters every 3 years.
494-B:2 Commission Membership. The commission shall consist of the following 11 members:
I. Three judges, consisting of one judge or retired judge from each of the superior court, district court, and probate court, appointed by the chief justice of the supreme court with the concurrence of the majority of the supreme court members.
II. Two members appointed by the president of the New Hampshire Bar Association; one member to be approved by the governor and one member to be approved by the president of the senate and the speaker of the house of representatives.
III. Two public members who are not judges, attorneys, or elected or appointed public officials, appointed by the governor.
IV. Two public members who are not judges or attorneys, appointed by the senate president.
V. Two public members who are not judges or attorneys, appointed by the speaker of the house.
494-B:3 Terms of Office.
I. The initial terms of office shall be staggered as follows:
(a) For the members appointed under RSA 494-B:2, I, one member shall be appointed for one year, one member shall be appointed for 2 years, and one member shall be appointed for 3 years.
(b) For the members appointed under RSA 494-B:2, II, one member shall be appointed for 2 years and one member shall be appointed for 3 years.
(c) For the members appointed under RSA 494-B:2, III, one member shall be appointed for 2 years and one member shall be appointed for 3 years.
(d) For the members appointed under RSA 494-B:2, IV, one member shall be appointed for one year and one member shall be appointed for 2 years.
(e) For the members appointed under RSA 494-B:2, V, one member shall be appointed for one year and one member shall be appointed for 2 years.
II. After the initial appointment, a member may be reappointed for an additional term of 3 years. Members may not serve more than 2 consecutive terms. Members who have served 2 consecutive terms may not be reappointed until they have been off the commission for a period of 3 years. Notwithstanding the term limits established in this paragraph, members may serve until their successors have been appointed.
III. Commission members shall serve without compensation for their services, but shall be reimbursed for necessary expenses incurred in the performance of their duties.
494-B:4 Vacancies.
I. A vacancy in the office of the commission occurs:
(a) At the expiration of a member’s term.
(b) When a member ceases to hold the office, by submitting his or her resignation to the commission, or for some other reason.
(c) When a non-attorney or non-judge member becomes an attorney or judge.
(d) When an attorney member ceases to be a member of the New Hampshire bar, is elected or appointed to public office, or is appointed a judge.
(e) When a member ceases to be domiciled in New Hampshire.
II. A vacancy shall be filled by the same appointing authority. The successor shall have the same qualifications as the person who is being replaced. If the vacancy results from other than expiration of the term, the successor shall hold office for the unexpired term.
494-B:5 Numbers for Quorum and Action. Six members of the commission shall be a quorum. Six members shall be necessary to take routine action. A vote of 7 members shall be required to take or recommend any disciplinary action.
494-B:6 Election of Chairperson and Vice Chairperson. The members of the commission shall elect their own chairperson and vice chairperson.
494-B:7 Periodic Review of Judges.
I. The commission shall review all district court and superior court judges and marital masters every 3 years. For judges who have served less than 3 years as of the effective date of this chapter or who are appointed after the effective date of this chapter, a review shall be held every 3 years after the date of the judge’s initial appointment. For any judge or marital master who has served for more than 6 years as of the effective date of this section, a review shall be held prior to January 1, 2014 and every 3 years from the date of such initial review. For any judge or marital master who has served for 3 years or more but 6 years or less as of the effective date of this act, a review shall be held prior to January 1, 2016, and every 3 years from the date of such initial review.
II. In conducting the review, the commission shall hold at least one public hearing, receive testimony, and examine pertinent documents to determine the fitness of the judge or marital master. The supreme court shall make available to the commission judicial performance evaluations required by RSA 490:32.
III. In reviewing judges and marital masters, the commission shall consider factors such as:
(a) Integrity, legal knowledge and ability, judicial temperament, impartiality, commitment to justice, adherence to the code of judicial conduct.
(b) Administrative and communicative skills.
(c) Attendance, swiftness of orders or reports in the case of marital masters, and the number of appeals of their decisions compared to other judges or marital masters in the same court.
IV. Review of each judge and marital master shall be based on a statistically adequate methodology for soliciting input from parties and attorneys involved in cases and hearings before each judge and marital master.
V. A report of each review shall be submitted to the governor, the speaker of the house of representatives, and the senate president and shall be made available for public inspection on an Internet page maintained by the commission.
VI. If the commission determines by a majority vote that the judge under review ought to be removed from office, the commission shall present its findings in the form either of a draft bill of particulars for an address or draft articles of impeachment to the speaker of the house of representatives and the president of the senate for such action as the general court, pursuant to its constitutional authority, shall deem appropriate.
494-B:8 Rules of Procedure. The commission may adopt rules of procedure, after public notice and hearing, necessary to perform reviews under this chapter. Prior to the adoption of any rule, or the amendment or repeal thereof, the commission shall publish or otherwise circulate notices of its intended action and afford interested parties the opportunity to submit comments either orally or in writing.
494-B:9 Funding. The commission shall prepare and administer its own budget, including funding for such items as staff, office space, and operating expenses. Funding shall be authorized by the legislature only from sources other than those appropriated for the judicial branch.
494-B:10 Staff and Facilities.
I. The commission may hire staff, which may include attorneys, investigators, and clerks, as may be necessary to carry out the duties of the commission. The commission may contract for such temporary professional, administrative, and clerical services as deemed necessary by the commission. Full-time staff shall be nonclassified personnel who shall be entitled to state employee benefits.
II. The commission shall select office space, which shall be as independent as possible from other facilities of any branch of government.
494-B:11 Administrative Support. Upon request of the commission, the department of administrative services shall assist the commission in matters related to personnel and benefits administration, purchasing, telecommunications, financial data management, and property management. Upon request of the commission, the department of information technology shall assist the commission in development and maintenance of an Internet page on the official state website.
2 Effective Date. This act shall take effect July 1, 2013.
LBAO
11-0100
Revised 06/14/11
HB 344 FISCAL NOTE
AN ACT establishing a judicial performance review commission.
FISCAL IMPACT:
The Department of Administrative Services, the Department of Information Technology, and the Judicial Branch state this bill will increase state expenditures by an indeterminable amount in FY 2012 and each fiscal year thereafter. There will be no fiscal impact on county and local revenue or expenditures.
METHODOLOGY:
This bill establishes a judicial performance review commission and requires each district court and superior court judge and marital master to be reviewed by the commission every three years and authorizes the Department of Administrative Services and the Department of Information Technology to assist the commission in certain areas. This bill also permits the commission to adopt procedural rules and hire necessary staff. The Department of Administrative Services states the proposed legislation requires the Department at the request of the commission to assist in matters related to personnel and benefits administration, purchasing, telecommunications, financial data management, and property management. The Department notes the manner in which the commission will conduct its performance reviews or the nature and number of staff the commission will employ is not specified. Without such information the Department is unable to estimate the potential increase in state expenditures that will occur as a result of the proposed legislation.
The Department of Information Technology notes the proposed legislation requires a report of each review to be made available for public inspection on an internet page maintained by the commission. The Department assumes the responsibilities associated with the establishment of and maintenance of said website will be assigned to the Department. Based on similar projects, the Department estimates the initial website development would consume approximately 100 hours of a system developer specialist IV and the ensuing website maintenance approximately 25 hours per month. Based on an estimated rate of $43.28 per hour in FY 2012 and $43.86 per hour in FY 2013, the Department estimates the proposed legislation would increase state expenditures by $17,312 in FY 2012 (400 hours x $43.28 p/hr (100 hours for development plus 25 hours per month for maintenance)) and by $13,104 in FY 2013 (25 hours per month at $43.68 p/hr).
The Judicial Branch notes although the proposed legislation states the commission shall have its own funding and that the funding shall be from sources other than those appropriated for the Branch, the costs associated with the time spent on the commission by the three judges required to be on the commission may impact Judicial Branch expenditures. The Branch is unable to estimate the amount of time commission membership would require of the three judges and therefore unable to estimate to what extent this requirement might increase Judicial Branch expenditures.