CACR6 (2021) Detail

Relating to the retirement age of judges. Providing that the retirement age of judges be increased.


CACR 6  - AS INTRODUCED

 

 

2021 SESSION

21-0253

06/11

 

CONSTITUTIONAL AMENDMENT

CONCURRENT RESOLUTION 6

 

RELATING TO: the retirement age of judges.

 

PROVIDING THAT: the retirement age of judges be increased.

 

SPONSORS: Rep. Lynn, Rock. 7

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This constitutional amendment concurrent resolution extends the time a judge may serve to age 75 unless the governor and council determine that the judge’s service shall terminate at age 70.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type

 

21-0253

06/11

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

CONCURRENT RESOLUTION PROPOSING CONSITUTIONAL AMENDMENT

 

RELATING TO: the retirement age of judges.

 

 

PROVIDING THAT: the retirement age of judges be increased.

 

 

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

Constitution of New Hampshire be amended as follows:

 

I.  That article 78 of the second part of the constitution be amended to read as follows:

[Art.] 78.  [Judges and Sheriffs, When Disqualified by Age.]  No person shall hold the office of [Judge of any Court, or Judge of Probate, or] Sheriff of any county, after he has attained the age of seventy years.  No person who has attained the age of seventy years shall hold the office of Judge or serve as a Judge of any court in any case or controversy, provided however that a Judge’s service may be extended to age seventy-five in accordance with the following procedure.  Not more than 180 days nor less than 90 days before reaching age seventy, a Judge who desires to extend his service shall provide notice thereof in writing to the Governor and Council.  Upon receipt of said notice, the Governor and Council may undertake such examination of the Judge’s continuing fitness and qualifications to hold office, and may hold such hearings, as the Governor and Council deem necessary.  The Judge’s term of service shall be extended to age seventy-five unless prior to the Judge attaining age seventy both the Governor and the Council, by majority vote of Council members, determine that the Judge’s service shall terminate at age seventy.

II.  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, 2022.

III.  That the selectmen of all towns, cities, wards and places in the state are directed to insert in their warrants for the said 2022 election an article to the following effect:  To decide whether the amendments of the constitution proposed by the 2021 session of the general court shall be approved.

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

"Are you in favor of amending article 78 of the second part of the constitution to read as follows:

[Art.] 78.  [Judges and Sheriffs, When Disqualified by Age.] No person shall hold the office of Sheriff of any county, after he has attained the age of seventy years.  No person who has attained the age of seventy years shall hold the office of Judge or serve as a Judge of any court in any case or controversy, provided however that a Judge’s service may be extended to age seventy-five in accordance with the following procedure.  Not more than 180 days nor less than 90 days before reaching age seventy, a Judge who desires to extend his service shall provide notice thereof in writing to the Governor and Council.  Upon receipt of said notice, the Governor and Council may undertake such examination of the Judge’s continuing fitness and qualifications to hold office, and may hold such hearings, as the Governor and Council deem necessary.  The Judge’s term of service shall be extended to age seventy-five unless prior to the Judge attaining age seventy both the Governor and the Council, by majority vote of Council members, determine that the Judge’s service shall terminate at age seventy."

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 2021 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.

VII.  Voters' Guide.

AT THE PRESENT TIME, a judge must retire by the age of 70.

IF THE AMENDMENT IS ADOPTED, A judge will be able to serve to age 75 unless the governor and council determine that the judge’s service shall terminate at age 70.

Links

CACR6 at GenCourtMobile
CACR6 Discussion

Action Dates

Date Body Type
Jan. 26, 2021 House Hearing
House Floor Vote

Bill Text Revisions

CACR6 Revision: 31539 Date: Jan. 9, 2021, 1:35 p.m.

Docket


: Minority Committee Report: Ought to Pass with Amendment # 2021-0291h


: Majority Committee Report: Inexpedient to Legislate (Vote 17-4; RC) HC 18 P. 74


Jan. 26, 2021: Public Hearing: 01/26/2021 09:30 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/94597513398 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.


Jan. 6, 2021: Introduced (in recess of) 01/06/2021 and referred to Judiciary HJ 2 P. 47