Revision: Oct. 3, 2023, 4:44 p.m.
2024 SESSION
24-2063.0
09/08
HOUSE BILL [bill number]
AN ACT relative to judicial administration.
SPONSORS: [sponsors]
COMMITTEE: [committee]
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ANALYSIS
This bill makes changes to various statutes as requested by the judicial council:
1. This bill amends the requirements for who can serve on the judicial council.
2. This bill adds a new section concerning witness attendance and travel fees.
3. This bill amends the requirements for when a person is arrested with or without a warrant.
4. This bill authorizes the courts to appoint contract or other qualified attorneys in the first instance, provides for the repeal of this provision, and requires a report to be issued on the fiscal impact of this provision.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2063.0
09/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to judicial administration.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Judicial Council. Amend RSA 494:1 to read as follows:
494:1 Judicial Council. There is hereby established a judicial council which shall consist of the following:
I. The [4] 5 members of the judicial branch administrative council, appointed pursuant to supreme court rules.
II. The attorney general or designee.
III. A clerk or administrator of the superior court, selected by the chief justice of the superior court.
IV. A clerk or administrator of the circuit court, selected by the administrative judge of the circuit court.
V. The president-elect of the New Hampshire Bar Association.
VI. The chairperson of the senate judiciary committee or a designee from such committee appointed by the chairperson.
VII. The chairperson of the house judiciary committee or a designee from such committee appointed by the chairperson.
VIII. Eight other members appointed by the governor and council, 3 of whom shall be lawyers of wide experience and at least 2 of whom are members of the New Hampshire Bar Association who have been admitted to practice for more than 5 years [members of the New Hampshire Bar Association of wide experience who have been admitted to practice in the state for more than 5 years], and 5 of whom shall be members of the public who are not lawyers.
IX. Five other members appointed by the chief justice of the supreme court, 3 of whom shall be lawyers of wide experience and at least 2 of whom are members of the New Hampshire Bar Association who have been admitted to practice for more than 5 years [members of the New Hampshire Bar Association of wide experience who have been admitted to practice in the state for more than 5 years], and 2 of whom shall be members of the public who are not lawyers.
2 New Section; Witnesses; Attendance; Travel. Amend RSA 516 by inserting after section 516:15 the following new section:
516:15-a Attendance; Travel. The fees for all witnesses shall be $12 for each half day's attendance before a circuit, superior, or probate court or legally constituted auditors, referees, magistrates or officials having the power to summon witnesses, except as otherwise specially provided; for each mile's travel to and from the place of testifying, mileage shall be paid at the rate of $.17 per mile; mileage to be allowed for each day's attendance where the witness is required to leave the town or city in which the witness resides to testify. This section shall not apply to law enforcement officers employed by a state, county, or municipal agency at the time of their testimony.
3 Arrests in Criminal Cases; Place and Time of Detention. Amend RSA 594:20-a to read as follows:
I. When a person is arrested with or without a warrant he or she may be committed to a county correctional facility, to a police station or other place provided for the detention of offenders, or otherwise detained in custody. The person shall be taken to appear before a circuit court[,] or a superior court [in the case of felony complaints and misdemeanors and violation level charges that are directly related to those felonies,] without unreasonable delay[,] to answer for the offense. All persons shall appear no later than 24 hours after arrest, or no later than 36 hours after arrest if arrested between 8:00 a.m. and 1:00 p.m. and the person's attorney is unable to attend an arraignment on the same day, Saturdays, Sundays, and holidays excepted.
II. Notwithstanding the provisions of paragraph I, defendants detained under RSA 173-B shall have timely access to a bail hearing by telephonic means or otherwise as determined by the circuit court or the superior court [in the case of felony complaints and misdemeanors and violation level charges that are directly related to those felonies].
4 New Paragraph; Adequate Representation for Indigent Defendants in Criminal Cases; Appointment of Counsel. Amend RSA 604-A:2 by inserting after paragraph II the following new paragraph:
II-a. Notwithstanding paragraph II, the court may appoint a contract attorney or other qualified attorney in the first instance when it is in the interest of justice to do so. The court shall inform the judicial council of each case in which it makes an appointment of counsel pursuant to this paragraph and the reason for doing so, and the judicial council shall maintain records of all cases in which appointment of council pursuant to this paragraph has been made. Such records shall be maintained in such a manner as to be easily separated from appointments of counsel not made pursuant to this paragraph.
5 Report Required. By October 1, 2025, the executive director of the judicial council shall report to the house and senate finance committees on the cost and fiscal impact of the appointments authorized in RSA 604-A:2, II-a on the contract attorney and assigned counsel programs.
6 Repeal. RSA 604-A:2, II-a, relative to the appointment of contract attorneys or other qualified attorneys, is repealed.
I. Section 6 of this act shall take effect January 1, 2026.
II. The remainder of this act shall take effect upon its passage.