CACR25 (2012) Detail

Relating to the supreme and superior courts. Providing that the supreme and superior courts shall not be constitutionally established courts.


CACR 25 – AS INTRODUCED

2012 SESSION

12-2048

09/01

CONSTITUTIONAL AMENDMENT

CONCURRENT RESOLUTION 25

RELATING TO: the supreme and superior courts.

PROVIDING THAT: the supreme and superior courts shall not be constitutionally established courts.

SPONSORS: Rep. Davenport, Rock 12; Rep. Lambert, Hills 27; Rep. Manuse, Rock 5

COMMITTEE: Judiciary

ANALYSIS

This constitutional amendment concurrent resolution repeals part 2, article 72-a which establishes the supreme and superior courts. Part 2, article 72-a was adopted as an amendment to the constitution in 1964.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12-2048

09/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

CONCURRENT RESOLUTION PROPOSING CONSTITUTIONAL AMENDMENT

RELATING TO: the supreme and superior courts.

PROVIDING THAT: the supreme and superior courts shall not be constitutionally established courts.

Be it Resolved by the House of Representatives, the Senate concurring, that the

Constitution of New Hampshire be amended as follows:

I. That article 4 of the second part of the constitution be amended to read as follow:

[Art.] 4. [Power of General Court to Establish Courts.] The general court [(except as otherwise provided by Article 72-a of Part 2)] shall forever have full power and authority to erect and constitute judicatories and courts of record, or other courts, to beholden, in the name of the state, for the hearing, trying, and determining, all manner of crimes, offenses, pleas, processes, plaints, action, causes, matters and things whatsoever arising or happening within this state, or between or concerning persons inhabiting or residing, or brought, within the same, whether the same be criminal or civil, or whether the crimes be capital, or not capital, and whether the said pleas be real, personal or mixed, and for the awarding and issuing execution thereon. To which courts and judicatories, are hereby given and granted, full power and authority, from time to time, to administer oaths or affirmations, for the better discovery of truth in any matter in controversy, or depending before them.

II. That article 72-a of the second part of the constitution, relative to the supreme and superior courts, is repealed.

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 2012 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 the second part of the constitution by repealing article 72-a, relative to the constitutional establishment of the supreme and superior courts, and by amending article 4 to read as follows:

[Art.] 4. [Power of General Court to Establish Courts.] The general court shall forever have full power and authority to erect and constitute judicatories and courts of record, or other courts, to beholden, in the name of the state, for the hearing, trying, and determining, all manner of crimes, offenses, pleas, processes, plaints, action, causes, matters and things whatsoever arising or happening within this state, or between or concerning persons inhabiting or residing, or brought, within the same, whether the same be criminal or civil, or whether the crimes be capital, or not capital, and whether the said pleas be real, personal or mixed, and for the awarding and issuing execution thereon. To which courts and judicatories, are hereby given and granted, full power and authority, from time to time, to administer oaths or affirmations, for the better discovery of truth in any matter in controversy, or depending before them.”

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 2012 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.

Links

CACR25 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

CACR25 Revision: 20612 Date: Dec. 14, 2011, midnight

Docket