Bill Text - HJR3 (2017)

Requiring payment of certain money to Timothy Rioux due to malfeasance of a judge in a child support reduction case.


Revision: Jan. 31, 2017, 8:24 a.m.

HJR 3-FN-A - AS INTRODUCED

 

 

2017 SESSION

17-0335

05/01

 

HOUSE JOINT RESOLUTION 3-FN-A

 

A RESOLUTION requiring payment of certain money to Timothy Rioux due to malfeasance of a judge in a child support reduction case.

 

SPONSORS: Rep. Wuelper, Straf. 3

 

COMMITTEE: Legislative Administration

 

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ANALYSIS

This house joint resolution makes a payment to Timothy Rioux as compensation for the malfeasance of a judge in a child support reduction case.

 

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17-0335

05/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

A RESOLUTION requiring payment of certain money to Timothy Rioux due to malfeasance of a judge in a child support reduction case.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

Whereas, on August 27, 2013, Timothy Rioux filed a petition to modify child support  with the third circuit court - family division in Ossipee (Docket No. 212-19999-DM-00071); and

Whereas, the petition asserted that Mr. Rioux's child support obligation should have been automatically reduced based on the emancipation of one of his children; and

Whereas, the court's delay of over 6 months in acting on the petition compounded the harm to Mr. Rioux; and

Whereas, the court ultimately found that not only was a reduction in child support unwarranted, but the child support obligation should be substantially increased and Mr. Rioux should be responsible for an arrearage of $72,000; and

Whereas, Mr. Rioux claims that the court's decision was profoundly unjust and without basis in law or fact; and

Whereas, all appeals filed by Mr. Rioux have been denied and all complaints with the judicial council and other state and federal agencies have been dismissed for lack of jurisdiction; and

Whereas, Mr. Rioux asserts that the malfeasance of the presiding judge in the case, Judge Albee, has left him without recourse to address a loss of over $98,000; now therefore, be it

Resolved by the Senate and House of Representatives in General Court convened:

That the general court hereby appropriates, for the fiscal year ending June 30, 2018, the sum of $98,000 to Timothy Rioux as compensation for the loss he sustained as a result of the court's inefficiency and malfeasance.  The governor shall draw a warrant for such sum out of any money in the treasury not otherwise appropriated.

 

LBAO

17-0335

1/6/17

 

HJR 3-FN-A- FISCAL NOTE

as introduced

 

AN ACT requiring payment of certain money to Timothy Rioux due to malfeasance of a judge in a child support reduction case.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2018

FY 2019

FY 2020

FY 2021

   Appropriation

$98,000

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

$98,000

$0

$0

$0

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [    ] Other

 

 

 

 

 

 

METHODOLOGY:

This bill appropriates $98,000 of general funds to Timothy Rioux in Fiscal Year 2018.

 

AGENCIES CONTACTED:

Not applicable