HR7 (2015) Detail

Directing the house of representatives to investigate whether grounds exist to impeach Judge Jacalyn Colburn for her decision in City of Nashua v. William M. Gardner, Secretary of State.


HR 7 – AS INTRODUCED

2015 SESSION

15-0675

04/10

HOUSE RESOLUTION 7

A RESOLUTION directing the house of representatives to investigate whether grounds exist to impeach Judge Jacalyn Colburn for her decision in City of Nashua v, William M. Gardner, Secretary of State.

SPONSORS: Rep. Itse, Rock 10; Rep. Bates, Rock 7

COMMITTEE: Judiciary

ANALYSIS

This house resolution directs the house of representatives to investigate whether grounds exist to impeach judge Jacalyn Colburn for her decision granting a writ of mandamus against secretary of state William M. Gardner in City of Nashua v, William M. Gardner, Secretary of State.

15-0675

04/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Fifteen

A RESOLUTION directing the house of representatives to investigate whether grounds exist to impeach Judge Jacalyn Colburn for her decision in City of Nashua v, William M. Gardner, Secretary of State.

Whereas, grounds may exist to impeach judge Jacalyn Colburn for her decision in City of Nashua v. William M. Gardner (case number 226-2014-CV-00542); and

Whereas, judge Jacalyn Colburn’s misinterpretation of RSA 49-B:5 resulted in a court order granting the city of Nashua’s petition for a writ of mandamus against secretary of state William M. Gardner; and

Whereas, the court order granting mandamus required Mr. Gardner to add the city of Nashua’s charter amendment question to the state election ballot for the 2014 general election; and

Whereas, judge Jacalyn Colburn’s misinterpretation of RSA 49-B:5 required Mr. Gardner to expend state funds that had not been appropriated to add the city’s charter amendment question to the state election ballot; and

Whereas, such court order violates Part II, Article 56 of the New Hampshire Constitution requiring that no moneys be issued out of the treasury of this state but by warrant under the hand of the governor; and

Whereas, such judge Jacalyn Colburn’s actions jeopardized the execution and sanctity of the state general elections; and

Whereas, the house of representatives, in the interests of preserving justice, must investigate whether grounds exist to impeach judge Jacalyn Colburn; now, therefore, be it

Resolved by the House of Representatives:

That the house of representatives shall investigate whether grounds exist to impeach judge Jacalyn Colburn; and

That a report detailing the results of such investigation shall be submitted no later than November 1, 2015 to the speaker of the house of representatives and the house clerk, with copies to the president of the senate, the senate clerk, and the administrative office of the courts.