HB422: relative to the selection of replacement justices for supreme court justices who are disqualified to hear cases.

CHAPTER 112

HB 422 – FINAL VERSION

07Jan2004… 2526h

04/22/04 1234s

2004 SESSION

03-0529

09/10

HOUSE BILL 422

AN ACT relative to the selection of replacement justices for supreme court justices who are disqualified to hear cases.

SPONSORS: Rep. Rowe, Hills 47

COMMITTEE: Judiciary

ANALYSIS

This bill establishes a new selection method for current and retired justices to replace supreme court justices who are disqualified to hear cases.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07Jan2004… 2526h

04/22/04 1234s

03-0529

09/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT relative to the selection of replacement justices for supreme court justices who are disqualified to hear cases.

Be it Enacted by the Senate and House of Representatives in General Court convened:

112:1 Supreme Court Justices; Method for Choosing Replacement Justices for Disqualified Justices.

Amend RSA 490:3 to read as follows:

490:3 Disqualification; Temporary Justices.

I. The provisions as to the disqualification of justices of the superior court apply to justices of the supreme court. Whenever a justice of the supreme court shall be disqualified or otherwise unable to sit in any cause or matter pending before such court, the chief or senior associate justice of the supreme court may assign another justice to sit according to the provisions of paragraph II of this section.

II. Upon the retirement, disqualification, or inability to sit of any justice of the supreme court, the chief justice or senior associate justice of the supreme court may assign a justice of the supreme court who has retired from regular active service or, if a retired supreme court justice is unavailable, shall assign a justice of the superior court who has retired from regular active service to sit during supreme court sessions while the vacancy continues[, or he may notify the chief justice or senior associate justice of the superior court of such vacancy. Upon such notification, the chief justice or senior associate justice of the superior court shall provide the supreme court for each day of sitting during a session while the vacancy shall continue with the names of 2 or more superior court justices in regular active service or who are retired and are not otherwise disqualified. The chief justice or senior associate justice of the supreme court may then assign a justice to sit temporarily on the court from among those superior court justices whose names have been provided]. The selection of a retired supreme or superior court justice shall be on a random basis. However if no retired supreme or superior court justice is available, then the selection of a replacement justice shall be made on a random basis from a pool of full-time justices of the superior court. In the event that no superior court justices are available, then the selection of a replacement justice shall be made on a random basis from a pool of full-time justices of the district and probate courts. The clerk of the supreme court shall maintain a list of superior, probate, and district court judges who are willing to serve as temporary supreme court judges.

II-a. If a vacancy occurs within 7 days of the scheduled oral argument of a case, the chief justice of the supreme court may assign to the case a temporary justice on a non-random basis if the assigned justice was assigned randomly to another case scheduled at the same monthly argument session or if the assigned justice is the chief justice of the superior court.

III. A justice assigned to sit temporarily on the supreme court pursuant to paragraph II of this section shall have all the authority of a supreme court justice to hear arguments, render decisions, and file opinions. No justice shall be assigned to sit on the supreme court in the determination of any cause or matter upon which [he] the justice has previously sat or for which [he] such justice is otherwise disqualified nor without [his] such justice’s consent.

112:2 Effective Date. This act shall take effect January 1, 2005.

(Approved: May 17, 2004)

(Effective Date: January 1, 2005)