HB1177 (2020) Compare Changes


The Bill Text indicates a new section is being inserted. This situation is not handled right now, and the new text is displayed in both the changed and unchanged versions.

Unchanged Version

Text to be removed highlighted in red.

1 Findings. The legislature finds that every marital master discharged as a consequence of 2012, 66 (HB 151) who has not retired nor become a judge has been hired as a referee without statutory authorization and is performing the same function as a marital referee. Therefore, it is necessary to provide legislative and executive oversight of all individuals serving as jurists.

2 New Section; Superior Court Referees. Amend RSA 491 by inserting after section 23 the following new section:

491:23-a Referees. A referee serving on the superior court on or after January 1, 2021 who is not a former or retired judge shall be commissioned as a justice of the peace.

3 Circuit Court Referees. Amend RSA 490:15 to read as follows:

490-F:15 Referees.

The circuit court, with the consent of the parties shall, and without the consent of the parties may, commit to one or more referees any cause at law or in equity, or the determination of any question of fact pending in the court wherein the parties are not, as matter of right, entitled to a trial by jury; and with the consent of the parties shall in the same manner commit any other cause or the determination of any other question of fact.

4 Effective Date. This act shall take effect 60 days after its passage.

Changed Version

Text to be added highlighted in green.

1 Findings. The legislature finds that every marital master discharged as a consequence of 2012, 66 (HB 151) who has not retired nor become a judge has been hired as a referee without statutory authorization and is performing the same function as a marital referee. Therefore, it is necessary to provide legislative and executive oversight of all individuals serving as jurists.

2 New Section; Superior Court Referees. Amend RSA 491 by inserting after section 23 the following new section:

491:23-a Referees. A referee serving on the superior court on or after January 1, 2021 who is not a former or retired judge shall be commissioned as a justice of the peace.

3 Circuit Court Referees. Amend RSA 490:15 to read as follows:

490-F:15 Referees.

I. The circuit court, with the consent of the parties shall, and without the consent of the parties may, commit to one or more referees any cause at law or in equity, or the determination of any question of fact pending in the court wherein the parties are not, as matter of right, entitled to a trial by jury; and with the consent of the parties shall in the same manner commit any other cause or the determination of any other question of fact.

II. A referee, marital referee, or marital master serving on the circuit court on or after January 1, 2021 who is not a former or retired judge shall be commissioned as a justice of the peace.

4 Effective Date. This act shall take effect 60 days after its passage.