CACR9: relating to 7-year terms for state judges. Providing that all state judges appointed on or after January 1, 2005 be commissioned for 7-year terms, which may be renewed.

CACR 9 - AS INTRODUCED

2003 SESSION

03-0345

06/09

CONSTITUTIONAL AMENDMENT

CONCURRENT RESOLUTION CACR 9

RELATING TO: 7-year terms for state judges.

PROVIDING THAT: all state judges appointed on or after January 1, 2005 be commissioned for 7-year terms, which may be renewed.

SPONSORS: Rep. J. Wheeler, Hills 47; Rep. Wendelboe, Belk 29; Rep. Soltani, Merr 37; Sen. Boyce, Dist 4; Sen. Roberge, Dist 9

COMMITTEE: Judiciary

ANALYSIS

This constitutional amendment-concurrent resolution provides that all state judges appointed on or after January 1, 2005 shall be commissioned for 7-year terms, which may be renewed.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-0345

06/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

CONCURRENT RESOLUTION PROPOSING CONSTITUTIONAL AMENDMENT

RELATING TO: 7-year terms for state judges.

PROVIDING THAT: all state judges appointed on or after January 1, 2005 be commissioned for 7-year terms, which may be renewed.

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

Constitution of New Hampshire be amended as follows:

I. That article 35 of the first part of the constitution be amended to read as follows:

[Art.] 35. [The Judiciary; Tenure of Office, etc.] It is essential to the preservation of the rights of every individual, his life, liberty, property, and character, that there be an impartial interpretation of the laws, and administration of justice. It is the right of every citizen to be tried by judges as impartial as the lot of humanity will admit. It is therefore not only the best policy, but for the security of the rights of the people, that the judges of the supreme judicial court should hold their offices so long as they behave well and for any term appointed; subject, however, to such limitations, on account of age, as may be provided by the constitution of the state; and that they should have honorable salaries, ascertained and established by standing laws.

II. That article 73 of the second part of the constitution be amended to read as follows:

[Art.] 73. [Tenure of Office to be Expressed in Commissions; Judges to Hold Office During Good Behavior[, etc.] for 7-year Terms; Removal.] The tenure that all commissioned officers shall have by law in their offices shall be expressed in their respective commissions, and all judicial officers duly appointed, commissioned and sworn, shall hold their offices during good behavior except those for whom a different provision is made in this constitution. The governor with consent of the council may remove any commissioned officer for reasonable cause upon the address of both houses of the legislature, provided nevertheless that the cause for removal shall be stated fully and substantially in the address and shall not be a cause which is a sufficient ground for impeachment, and provided further that no officer shall be so removed unless he shall have had an opportunity to be heard in his defense by a joint committee of both houses of the legislature. All judges appointed on or after January 1, 2005 shall be duly commissioned and sworn to 7-year terms and shall hold their offices during good behavior; except for those judicial officers for whom a different provision is made in this constitution. A judge appointed on or after January 1, 2005 may be reappointed, commissioned, and sworn to subsequent 7-year terms.

III. That the above amendments proposed to the constitution be submitted to the qualified voters of the state at the state general election to be held in November, 2004.

IV. That the selectmen of all towns, cities, wards and places in the state are directed to insert in their warrants for the said 2004 election an article to the following effect: To decide whether the amendments of the constitution proposed by the 2003 session of the general court shall be approved.

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

"To provide for 7-year, renewable judicial terms, are you in favor of amending article 35 of the first part of the Constitution and article 73 of the second part of the Constitution to read as follows:

[Art.] 35. [The Judiciary; Tenure of Office, etc.] It is essential to the preservation of the rights of every individual, his life, liberty, property, and character, that there be an impartial interpretation of the laws, and administration of justice. It is the right of every citizen to be tried by judges as impartial as the lot of humanity will admit. It is therefore not only the best policy, but for the security of the rights of the people, that the judges of the supreme judicial court should hold their offices so long as they behave well and for any term appointed; subject, however, to such limitations, on account of age, as may be provided by the constitution of the state; and that they should have honorable salaries, ascertained and established by standing laws." and

[Art.] 73. [Tenure of Office to be Expressed in Commissions; Judges to Hold Office During Good Behavior for 7-year Terms; Removal.] The tenure that all commissioned officers shall have by law in their offices shall be expressed in their respective commissions, and all judicial officers duly appointed, commissioned and sworn, shall hold their offices during good behavior except those for whom a different provision is made in this constitution. The governor with consent of the council may remove any commissioned officer for reasonable cause upon the address of both houses of the legislature, provided nevertheless that the cause for removal shall be stated fully and substantially in the address and shall not be a cause which is a sufficient ground for impeachment, and provided further that no officer shall be so removed unless he shall have had an opportunity to be heard in his defense by a joint committee of both houses of the legislature. All judges appointed on or after January 1, 2005 shall be duly commissioned and sworn to 7-year terms and shall hold their offices during good behavior; except for those judicial officers for whom a different provision is made in this constitution. A judge appointed on or after January 1, 2005 may be reappointed, commissioned, and sworn to subsequent 7-year terms."

VI. 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 2003 General Court" shall be printed in bold type at the top of the ballot.

VII. 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.