Revision: Feb. 26, 2024, 2:20 p.m.
Rep. Lynn, Rock. 17
February 14, 2024
2024-0707h
09/08
Amendment to HB 1104-FN
Amend RSA 490:30-b, II as inserted by section 1 of the bill by replacing it with the following:
II. A litigant who qualifies to seek relief pursuant to paragraph I may file a petition for such relief with the chief justice or administrative judge of the court of which the judicial officer found to have committed misconduct was a member at the time the ruling, decision, or judgment was entered. If the judicial officer found to have committed misconduct is the chief justice of the supreme court, the chief justice of the superior court, or the administrative judge of the circuit court, the petition shall be filed with the most senior associate justice of the court in question. The petition shall be served upon all other parties to the litigation, who shall be given reasonable time to file an answer to the petition. After considering the submissions of all interested parties, the chief justice, administrative judge, senior associate justice, or their replacement, as provided herein, shall determine, with or without hearing, whether there is a reasonable likelihood that the misconduct of the judicial officer had a causal bearing on the challenged ruling, decision, or judgment. If there is a determination of no reasonable likelihood that the misconduct had a causal bearing on the ruling, decision, or judgment, the petition shall be dismissed. Such ruling shall be considered final and may be appealed immediately pursuant to law and judicial rules. If there is a determination of a reasonable likelihood that the misconduct did have a causal bearing on the ruling, decision, or judgment, the chief justice, administrative judge, or senior associate justice shall vacate the ruling, decision, or judgment and remand the matter for rehearing before a judicial officer other than the one found to have committed misconduct. Such ruling shall be considered interlocutory and may not be immediately appealed. However, in any appeal of the final ruling by the newly assigned judicial officer, the aggrieved party may raise as an issue a claim of error in the decision to vacate the original ruling, decision, or judgment.