Bill Text - CACR11 (2012)

(New Title) relating to terms for state judges. Providing that all state judges be commissioned for renewable 7-year terms.


Revision: March 11, 2012, midnight

CACR 11 – AS AMENDED BY THE HOUSE

7Mar2012… 0951h

2011 SESSION

11-0564

09/05

CONSTITUTIONAL AMENDMENT

CONCURRENT RESOLUTION 11

RELATING TO: terms for state judges.

PROVIDING THAT: all state judges be commissioned for renewable 7-year terms.

SPONSORS: Rep. Reilly, Graf 8; Rep. Simard, Graf 8; Rep. Tobin, Belk 2; Rep. Brosseau, Graf 6

COMMITTEE: Judiciary

AMENDED ANALYSIS

This constitutional amendment concurrent resolution requires all state judges to be commissioned for renewable 7-year terms.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

7Mar2012… 0951h

11-0564

09/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

CONCURRENT RESOLUTION PROPOSING CONSTITUTIONAL AMENDMENT

RELATING TO: terms for state judges.

PROVIDING THAT: all state judges be commissioned for renewable 7-year terms.

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 of 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 for the term appointed 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 73 of the second part of the constitution be amended to read as follows:

[Art.] 73 [[Tenure of Office To Be Expressed in Commissions; Judges to Hold Office During Good Behavior etc.; Removal].] The tenure that all commissioned officers shall have by Law in their offices shall be expressed in their respective commissions, and all judicial officers duly appointed, commissioned and sworn, shall hold their offices for renewable 7-year terms during good behavior except those for whom a different provision is made in this Constitution; except for those holding office on January 1, 2012 who shall hold their offices during good behavior unless a different provision is made in this Constitution. The Governor with consent of the Council may remove any commissioned officer for reasonable cause upon the address of both houses of the Legislature, provided nevertheless that the cause for removal shall be stated fully and substantially in the address and shall not be a cause which is a sufficient ground for impeachment, and provided further that no officer shall be so removed unless he shall have had an opportunity to be heard in his defense by a joint committee of both houses of the Legislature.

III. 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, 2012.

IV. That the selectmen of all towns, cities, wards and places in the state are directed to insert in their warrants for the said 2012 election an article to the following effect: To decide whether the amendments of the constitution proposed by the 2011 session of the general court shall be approved.

V. 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 73 of the second part of the Constitution, so that these articles read as follows:

[Art.] 35. 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 for the term appointed 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.] 73 The tenure that all commissioned officers shall have by Law in their offices shall be expressed in their respective commissions, and all judicial officers duly appointed, commissioned and sworn, shall hold their offices for renewable 7-year terms during good behavior except those for whom a different provision is made in this Constitution; except for those holding office on January 1, 2012 who shall hold their offices during good behavior unless a different provision is made in this Constitution. The Governor with consent of the Council may remove any commissioned officer for reasonable cause upon the address of both houses of the Legislature, provided nevertheless that the cause for removal shall be stated fully and substantially in the address and shall not be a cause which is a sufficient ground for impeachment, and provided further that no officer shall be so removed unless he shall have had an opportunity to be heard in his defense by a joint committee of both houses of the Legislature.

VI. 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 2011 General Court” shall be printed in bold type at the top of the ballot.

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.

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