HB1293 (2018) Detail

Establishing the complex divorce court within the judicial branch family division.


HB 1293-FN - AS INTRODUCED

 

 

2018 SESSION

18-2119

04/08

 

HOUSE BILL 1293-FN

 

AN ACT establishing the complex divorce court within the judicial branch family division.

 

SPONSORS: Rep. Itse, Rock. 10; Rep. Hoell, Merr. 23; Sen. Reagan, Dist 17

 

COMMITTEE: Children and Family Law

 

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ANALYSIS

 

This bill establishes the complex divorce court within the judicial branch family division.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18-2119

04/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT establishing the complex divorce court within the judicial branch family division.

 

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

 

1  New Section; Complex Divorce Court.  Amend RSA 490-D by inserting after section 15 the following new section:

490-D:16  Complex Divorce Court.  

I.  Within the family division there shall be a complex divorce court to resolve divorces containing frivolous or copious motions, which extend well beyond the average time required to resolve a divorce, or are otherwise determined by the court to be unusually adversarial.

II.  The complex divorce court shall adjudicate any case designated by the administrative judge of the judicial branch family division as a complex divorce.

III.  The complex divorce court may amend or overturn orders from previous hearings that contain or result from administrative or procedural errors.

IV.  Judges siting on the complex divorce court outside his or her county of residence shall be eligible for mileage compensation.

2  Effective Date.  This act shall take effect January 1, 2018.  

 

LBAO

18-2119

10/18/17

 

HB 1293-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT establishing the complex divorce court within the judicial branch family division.

 

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

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2018

FY 2019

FY 2020

FY 2021

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable

Indeterminable

Indeterminable

Indeterminable

Funding Source:

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

 

 

 

 

 

 

METHODOLOGY:

The Judicial Branch states this bill would establish the complex divorce court within the family division of the circuit court.  Cases would be designated for assignment to the complex divorce court by the administrative judge of the family division.  The complex divorce court would be for divorces containing frivolous or copious motions, which extend well beyond the average time required to resolve a divorce, or that are otherwise determined by the court to be universally adversarial.  The complex divorce court would have appellate powers and be able to amend or overturn orders from previous hearings that contain or result from administrative errors.  Proposed RSA 490-D:16, IV provides for the payment of mileage reimbursement in certain circumstances for judges sitting on the complex divorce court.  

 

In 2014 the administrative judge of the circuit court established a family division complex case docket by administrative order.  Since this court handles cases involving high-conflict issues and particularly litigious parties including the cases set forth in the proposed bill, the Branch assumes this requirement would have no fiscal impact.  The power of the complex divorce court to amend or overturn orders from previous hearing provided in proposed RSA 490-D:16, III could add additional hearings to the processing of a divorce and result in additional costs.  The Branch has no basis on which to estimate the additional cost, but believes the cost will exceed $10,000 a year.  Finally, the provision to pay mileage compensation will have little or no fiscal impact because judges currently receive mileage compensation consistent with current law.  

 

AGENCIES CONTACTED:

Judicial Branch

 

 

 

Links

HB1293 at GenCourtMobile

Action Dates

Date Body Type
Jan. 10, 2018 House Hearing
Jan. 30, 2018 House Exec Session
Feb. 7, 2018 House Floor Vote
Feb. 15, 2018 House Floor Vote

Bill Text Revisions

HB1293 Revision: 2117 Date: Nov. 7, 2017, 1:04 p.m.

Docket

Date Status
Jan. 3, 2018 Introduced 01/03/2018 and referred to Children and Family Law HJ 1 P. 5
Jan. 10, 2018 Public Hearing: 01/10/2018 01:00 PM LOB 206
Jan. 30, 2018 Executive Session: 01/30/2018 03:00 PM LOB 206
Feb. 7, 2018 Committee Report: Inexpedient to Legislate for 02/07/2018 (Vote 13-0; CC) HC 5 P. 4
Feb. 8, 2018 Removed from Consent (Rep. K. Rice) 02/08/2018 HJ 3 P. 2
Feb. 8, 2018 Suspend House Rule 65 (Reps. Hinch, Shurtleff): MA VV by necessary two-thirds vote 02/08/2018 HJ 3 P. 81
Special Order to 2/15/2018 Without Objection HJ 3 P. 81
Feb. 15, 2018 Inexpedient to Legislate: MF VV 02/15/2018 HJ 4 P. 10
Feb. 15, 2018 Refer for Interim Study: MA VV 02/15/2018 HJ 4 P. 11