Bill Text - CACR26 (2012)

Relating to administration of the supreme court. Providing that the article authorizing the chief justice of the supreme court to make rules governing the administration of all the courts of the state shall be repealed.


Revision: May 17, 2012, midnight

CACR 26 – AS AMENDED BY THE SENATE

05/16/12 2041s

2012 SESSION

12-2423

06/09

CONSTITUTIONAL AMENDMENT

CONCURRENT RESOLUTION 26

RELATING TO: administration of the supreme court.

PROVIDING THAT: the legislature and the chief justice of the supreme court shall have concurrent power to make rules governing the administration of all the courts of the state.

SPONSORS: Rep. Mirski, Graf 10; Rep. Sorg, Graf 3; Rep. Ingbretson, Graf 5; Rep. Winter, Merr 3; Rep. Balboni, Hills 21; Rep. Comerford, Rock 9; Rep. Lambert, HillsĀ 27; Rep. Weyler, Rock 8; Rep. Brownrigg, Hills 27

COMMITTEE: Judiciary

AMENDED ANALYSIS

This constitutional amendment concurrent resolution gives the legislature and the chief justice of the supreme court concurrent power to make rules governing the administration of the courts.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05/16/12 2041s

12-2423

06/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

CONCURRENT RESOLUTION PROPOSING CONSTITUTIONAL AMENDMENT

RELATING TO: administration of the supreme court.

PROVIDING THAT: the legislature and the chief justice of the supreme court shall have concurrent power to make rules governing the administration of all the courts of the state.

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

Constitution of New Hampshire be amended as follows:

I. That article 73-a of the second part of the constitution be amended to read as follows:

[Art.] 73-a. [Supreme Court, Administration.] The chief justice of the supreme court shall be the administrative head of all the courts. [He] The chief justice shall, with the concurrence of a majority of the supreme court justices, make rules governing the administration of all courts in the state and the practice and procedure to be followed in all such courts. The rules so promulgated shall have the force and effect of law. The legislature shall have a concurrent power to regulate the same matters by statute. In the event of a conflict between a statute and a court rule, the statute, if not otherwise contrary to this constitution, shall prevail over the rule.

II. 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.

III. 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.

IV. That the wording of the question put to the qualified voters shall be:

“Are you in favor of amending article 73-a of the second part of the constitution to read as follows:

[Art.] 73-a. [Supreme Court, Administration.] The chief justice of the supreme court shall be the administrative head of all the courts. The chief justice shall, with the concurrence of a majority of the supreme court justices, make rules governing the administration of all courts in the state and the practice and procedure to be followed in all such courts. The rules so promulgated shall have the force and effect of law. The legislature shall have a concurrent power to regulate the same matters by statute. In the event of a conflict between a statute and a court rule, the statute, if not otherwise contrary to this constitution, shall prevail over the rule.”

V. 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.

VI. 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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