Text to be removed highlighted in red.
1 New Chapter; Administrative Office of the Courts. Amend RSA by inserting after chapter 490-K the following new chapter:
CHAPTER 490-L
ADMINISTRATIVE OFFICE OF THE COURTS
490-L:1 Release of Escrowed Funds Pursuant to Final Court Orders.
I. The administrative office of the courts (AOC) shall promptly disburse any funds or property held in escrow, registry, or trust by or under the control of the judicial branch to the party or parties entitled to such funds pursuant to a final, non-appealable court order or judgment.
II. After entry of a final order and expiration of the appeal period, the AOC shall not withhold or delay disbursement except as expressly required by federal law or by a subsequent court order entered after the judgment. Internal policy or discretionary review shall not be grounds to deny or delay disbursement.
III. The AOC shall complete disbursements within 30 days of receipt of a copy of the final court order awarding the funds.
IV.(a) If the AOC fails to disburse within the 30-day period without lawful cause, interest at the statutory judgment rate shall accrue in favor of the entitled party from the date the disbursement was due until payment is made.
?? (b) The entitled party may apply to the superior court for an order directing immediate release and awarding reasonable attorney's fees and costs incurred to obtain compliance.
?? (c) Awards of interest and fees shall be paid from the judicial branch escrow/registry account holding the funds, or if insufficient, from other judicial branch appropriations.
V.?(a) The remedies in paragraph IV apply retroactively to instances in which, on or after the date 5 years prior to this section's effective date, the AOC failed, without lawful cause, to disburse funds within 30 days after a final, non-appealable order.
?? (b) For such past instances, interest at the statutory judgment rate shall accrue beginning 31 days after the AOC's receipt of the final order and continue until payment; reasonable attorney's fees and costs are likewise available if court action is required to secure release.
?? (c) A claimant seeking retroactive remedies shall file a written claim with the AOC within 18 months of this section's effective date, attaching the final order and proof of submission to the AOC. If not resolved within 60 days, the claimant may petition the superior court for relief under subparagraph (b). Nothing herein revives claims finally adjudicated or satisfied before the effective date.
?? (d) This paragraph establishes civil, remedial relief only and shall not be construed to impose criminal sanctions or impair any vested rights.
VI.?(a) On or before September 1 of each year, the AOC shall post on the judicial branch website and submit to the speaker of the house of representatives and the president of the senate a report listing funds or property held in escrow, registry, or trust that have been subject to a final, non-appealable order for more than 30 days without disbursement.
?? (b) The report shall include the case docket number, amount held, date of the final order. The report shall exclude personal identifiers and confidential information beyond what is necessary to comply with this paragraph.
2 Effective Date. This act shall take effect upon its passage.
Text to be added highlighted in green.
1 New Chapter; Administrative Office of the Courts. Amend RSA by inserting after chapter 490-K the following new chapter:
CHAPTER 490-L
ADMINISTRATIVE OFFICE OF THE COURTS
490-L:1 Release of Escrowed Funds Pursuant to Final Court Orders.
I. The administrative office of the courts (AOC) shall promptly disburse any funds or property held in escrow, registry, or trust by or under the control of the judicial branch to the party or parties entitled to such funds pursuant to a final, non-appealable court order or judgment.
II. After entry of a final order and expiration of the appeal period, the AOC shall not withhold or delay disbursement except as expressly required by federal law or by a subsequent court order entered after the judgment. Internal policy or discretionary review shall not be grounds to deny or delay disbursement.
III. The AOC shall complete disbursements within 30 days of receipt of a copy of the final court order awarding the funds.
IV.(a) If the AOC fails to disburse within the 30-day period without lawful cause, interest at the statutory judgment rate shall accrue in favor of the entitled party from the date the disbursement was due until payment is made.
?? (b) The entitled party may apply to the superior court for an order directing immediate release and awarding reasonable attorney's fees and costs incurred to obtain compliance.
?? (c) Awards of interest and fees shall be paid from the judicial branch escrow/registry account holding the funds, or if insufficient, from other judicial branch appropriations.
V.?(a) The remedies in paragraph IV apply retroactively to instances in which, on or after the date 5 years prior to this section's effective date, the AOC failed, without lawful cause, to disburse funds within 30 days after a final, non-appealable order.
?? (b) For such past instances, interest at the statutory judgment rate shall accrue beginning 31 days after the AOC's receipt of the final order and continue until payment; reasonable attorney's fees and costs are likewise available if court action is required to secure release.
?? (c) A claimant seeking retroactive remedies shall file a written claim with the AOC within 18 months of this section's effective date, attaching the final order and proof of submission to the AOC. If not resolved within 60 days, the claimant may petition the superior court for relief under subparagraph (b). Nothing herein revives claims finally adjudicated or satisfied before the effective date.
?? (d) This paragraph establishes civil, remedial relief only and shall not be construed to impose criminal sanctions or impair any vested rights.
VI.?(a) On or before September 1 of each year, the AOC shall post on the judicial branch website and submit to the speaker of the house of representatives and the president of the senate a report listing funds or property held in escrow, registry, or trust that have been subject to a final, non-appealable order for more than 30 days without disbursement.
?? (b) The report shall include the case docket number, amount held, date of the final order. The report shall exclude personal identifiers and confidential information beyond what is necessary to comply with this paragraph.
2 Effective Date. This act shall take effect upon its passage.