CACR12 (2018) Detail

Relating to the election of judges. Providing that judges be elected for specific terms.


CACR 12 - AS INTRODUCED

 

 

2018 SESSION

18-2137

06/10

 

CONSTITUTIONAL AMENDMENT

CONCURRENT RESOLUTION 12

 

RELATING TO: the election of judges.

 

PROVIDING THAT: judges be elected for specific terms.

 

SPONSORS: Rep. Brewster, Merr. 21

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This constitutional amendment concurrent resolution requires judges to be elected for specified terms.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type

 

18-2137

06/10

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

CONCURRENT RESOLUTION PROPOSING CONSITUTIONAL AMENDMENT

 

RELATING TO: the election of judges.

 

PROVIDING THAT: judges be elected for specific terms.

 

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

Constitution of New Hampshire be amended as follows:

 

I.  That article 46 of the second part of the constitution be amended to read as follows:

[Art.] 46.  [Nomination and Appointment of Officers.] [All judicial officers,]  The Attorney General, and all officers of the Navy, and general and field officers of the militia, shall be nominated and appointed by the Governor and Council; and every such nomination shall be made at least three days prior to such appointment; and no appointment shall take place, unless a majority of the council agree thereto.

II.  That the second part of the constitution be amended by inserting after article 72-a the following new article:

[Art.] 72-b.  [Election of Judges.]  All judicial officers shall be chosen in a general election held biennially in their jurisdiction in the month of November as follows:

I.  Judges shall be elected in their counties or districts at general elections.

II.  Terms of judges shall be for specified terms to be determined by the General Court.

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

[Art.] 73.  [Tenure of Office To Be Expressed in Commissions; [Judges to Hold Office During Good Behavior, etc.;] Removal.] The tenure that all commissioned officers shall have by law in their offices shall be expressed in their respective commissions[, and all judicial officers duly appointed, commissioned and sworn, shall hold their offices during good behavior except those for whom a different provision is made in this constitution].  The Governor with consent of the Council may remove any commissioned officer for reasonable cause upon the address of both houses of the Legislature, provided nevertheless that the cause for removal shall be stated fully and substantially in the address and shall not be a cause which is a sufficient ground for impeachment, and provided further that no officer shall be so removed unless he shall have had an opportunity to be heard in his defense by a joint committee of both houses of the Legislature.

IV.  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, 2018.

V.  That the selectmen of all towns, cities, wards and places in the state are directed to insert in their warrants for the said 2018 election an article to the following effect:  To decide whether the amendments of the constitution proposed by the 2018 session of the general court shall be approved.

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

"Are you in favor of amending articles 46 and 73 of the second part of the constitution to read as follows and inserting after article 72-a the following new article 72-b:

[Art.] 46.  [Nomination and Appointment of Officers.]  The Attorney General, and all officers of the Navy, and general and field officers of the militia, shall be nominated and appointed by the Governor and Council; and every such nomination shall be made at least three days prior to such appointment; and no appointment shall take place, unless a majority of the Council agree thereto.

[Art.] 72-b.  [Election of Judges.]  All judicial officers shall be chosen in a general election held biennially in their jurisdiction in the month of November as follows:

I.  Judges shall be elected in their counties or districts at general elections.

II.  Terms of judges shall be for specified terms to be determined by the General Court.

[Art.] 73.  [Tenure of Office To Be Expressed in Commissions; Removal.]  The tenure that all commissioned officers shall have by law in their offices shall be expressed in their respective commissions.  The Governor with consent of the Council may remove any commissioned officer for reasonable cause upon the address of both houses of the Legislature, provided nevertheless that the cause for removal shall be stated fully and substantially in the address and shall not be a cause which is a sufficient ground for impeachment, and provided further that no officer shall be so removed unless he shall have had an opportunity to be heard in his defense by a joint committee of both houses of the Legislature."

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 2018 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.

Links

CACR12 at GenCourtMobile

Action Dates

Date Body Type
Jan. 17, 2018 House Hearing
Feb. 6, 2018 House Exec Session
House Floor Vote
Feb. 22, 2018 House Floor Vote

Bill Text Revisions

CACR12 Revision: 1868 Date: Nov. 7, 2017, 9:40 a.m.

Docket

Date Status
Jan. 3, 2018 Introduced 01/03/2018 and referred to Judiciary HJ 1 P. 25
Jan. 17, 2018 Public Hearing: 01/17/2018 01:00 PM LOB 208
Feb. 6, 2018 Executive Session: 02/06/2018 LOB 208
Majority Committee Report: Ought to Pass (Vote 9-8; RC)
Feb. 22, 2018 Majority Committee Report: Ought to Pass for 02/22/2018 (Vote 9-8; RC) HC 7 P. 19
Minority Committee Report: Inexpedient to Legislate
Feb. 22, 2018 Ought to Pass: MF RC 138-202 Lacking Necessary Three-Fifths Vote 02/22/2018 HJ 5 P. 36
Feb. 22, 2018 Inexpedient to Legislate: MA VV 02/22/2018 HJ 5 P. 38