HB 1582-FN - AS INTRODUCED
2016 SESSION
\t16-2147
\t09/04
HOUSE BILL\t1582-FN
AN ACT\trelative to judicial salaries.
SPONSORS:\tRep. Luther, Belk. 3
COMMITTEE:\tJudiciary
-----------------------------------------------------------------
ANALYSIS
\tThis bill eliminates the weighted caseload method of compensation for part-time district and probate court judges and requires them to be paid the same salaries as full-time judges.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2147
\t09/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to judicial salaries.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 Judicial Salaries; January 8, 2016. Amend RSA 491-A:1 to read as follows:
\t491-A:1 Salaries Established. The salaries for the positions set forth below shall be as follows:
Chief justice, supreme court \t$163,976
Associate justices, supreme court\t$159,042
Chief justice, superior court and
administrative judges appointed
pursuant to supreme court rule 54 \t$159,042
Associate justices, superior court \t$149,175
District court justices [prohibited from
practice pursuant to RSA 502-A:21] \t$149,175
Probate judges [prohibited from practice
pursuant to RSA 547:2-a]\t$149,175
\t2 Judicial Salaries; January 6, 2017. RSA 491-A:1 is repealed and reenacted to read as follows:
\t491-A:1 Salaries Established. The salaries for the positions set forth below shall be as follows:
Chief justice, supreme court\t $167,271
Associate justices, supreme court \t$162,240
Chief justice, superior court and
administrative judges appointed
pursuant to supreme court rule 54\t$162,240
Associate justices, superior court\t$152,159
District court justices \t$152,159
Probate judges \t\t$152,159
\t3 District Court Judges. Amend RSA 502-A:21-a to read as follows:
\t502-A:21-a [Full-Time] District Court Justices. [A] District court [justice designated to be full-time under RSA 491-A:3, IV] justices shall not be permitted to engage in the practice of law to any degree. [Full-time] District court justices shall receive the salary specified in RSA 491-A:1. [Full-time] District court justices [chosen pursuant to this section] shall, when requested by the supreme court, assist other district courts whenever a justice in such other court is disqualified, disabled, otherwise unable to sit, or in need of assistance.
\t4 Probate Judges. Amend RSA 547:2-a to read as follows:
\t547:2-a [Full-Time] Probate Judges. A probate judge [designated to be full-time pursuant to RSA 491-A:4, IV] shall not be permitted to engage in the practice of law to any degree. [Full-time] Probate judges shall receive the salary specified in RSA 491-A:1. [Full-time] Probate judges [designated pursuant to RSA 491-A:4, IV] shall assist the probate courts in the other counties whenever a probate judge in such other county is disqualified, disabled, or otherwise unable to sit.
\t5 Probate Court Judges; Acting as Counsel. Amend RSA 547:13 to read as follows:
\t547:13 Acting as Counsel. [He shall not act as counsel or advocate in any business in, or which may be brought into any probate court. No attorney shall be permitted to practice before any probate judge who is a partner, associate, employee or employer of said attorney, or is a stockholder in a professional corporation for the practice of law in which said attorney is stockholder. Full-time] Probate judges [under RSA 547:2-a] shall be prohibited from the practice of law to any degree.
\t 6 Repeal. The following are repealed:
\t\tI. RSA 490-F:12, relative to part-time judges; salary calculation.
\t\tII. RSA 491-A:3, relative to district court justices, salaries.
\t\tIII. RSA 491-A:4, relative to probate judges, salaries.
\t\tIV. RSA 502-A:6, relative to salaries of justices, special justices, clerks.
\t\tI. Section 2 of this act shall take effect January 1, 2017 at 12:01 a.m.
\t\tII. The remainder of this act shall take effect July 1, 2016.
\t\t\t\t\t\t\t\t\t\t\t16-2147
\t\t\t\t\t\t\t\t\t\t\t12/3/15
HB 1582-FN- FISCAL NOTE
AN ACT\trelative to judicial salaries.
FISCAL IMPACT:
The Judicial Branch states this bill, as introduced, will increase state general fund expenditures by approximately $2,618,000 in FY 2017 and by an indeterminable amount in FY 2018 and each year thereafter. There is no impact on county and local expenditures or state, county, and local revenue.
METHODOLOGY:
The Judicial Branch states this bill amends statutes regarding judicial salaries to eliminate the weighted caseload method of compensation for some part-time circuit court judges and would pay all part-time circuit court judges the same salaries as are paid to full-time judges. The Branch states there are 15 part-time circuit court judges budgeted for FY 2017. The Branch estimates that paying the part-time circuit court judges the full-time salary will increase salary costs by approximately $877,000 and associated benefit costs by approximately $1,741,000 in FY 2017. The Branch is not able to predict the potential impact in FY 2018 and each year thereafter as it does not know how many part-time judges would be employed by the Branch.