HB656: (New Title) establishing a commission to study the operations of the family division court in Grafton county.

HB 656-FN - AS AMENDED BY THE HOUSE

07Jan2004... 2485h

2003 SESSION

03-0945

09/01

HOUSE BILL 656-FN

AN ACT establishing a commission to study the operations of the family division court in Grafton county.

SPONSORS: Rep. Dudley, Graf 18; Rep. Francoeur, Rock 85; Sen. Clegg, Dist 14

COMMITTEE: Judiciary

AMENDED ANALYSIS

This act establishes a commission to study the operations of the Grafton county family division court.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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... 2485h

03-0945

09/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT establishing a commission to study the operations of the family division court in Grafton county.

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

1 Purpose. The purpose of this act is to establish a commission to determine whether the operations of the family division court in Grafton county, established by 1995, 152, fulfill the legislative purposes as stipulated in 1995, 152:1, the purpose statement of the chapter law.

2 Commission Established. There is established a commission to study the operations of the family division court in Grafton county.

3 Membership and Compensation.

I. The members of the commission shall be as follows:

(a) Three members of the house of representatives, 2 of whom shall be members of the judiciary committee, appointed by the speaker of the house.

(b) Three members of the senate, appointed by the president of the senate.

(c) Two district court judges, one who regularly sits on the family division court and one who does not regularly sit on the family division court, appointed by the administrative judge of the district courts.

(d) Two chiefs of police from towns or cities within Grafton county, appointed by the Grafton County Police Chiefs Association.

(e) One family court case manager, appointed by the supervisory judge of the Grafton county family division court.

(f) Two attorneys with extensive experience practicing both in the Grafton county family division court and in at least one other county which does not have a family division court, one of whom shall reside in Grafton county, appointed by the President of the New Hampshire Bar Association.

(g) Two current members of the task force on family law established in 2002, 250:1, one of whom shall be appointed by the chairperson of the task force and one of whom shall be appointed by the speaker of the house.

(h) One employee of the division for children, youth and families who has experience with family courts, appointed by the commissioner of health and human services.

(i) One juvenile parole and probation officer with work experience in Grafton county, appointed by the commissioner of health and human services.

(j) Two public members, who reside in Grafton county and are knowledgeable of family court operations.

II. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.

4 Duties. The commission shall study the operations of the family division court in Grafton county to determine if the family division court in Grafton county is meeting the purposes for which it was originally established. The commission shall make a recommendation for continuing or abolishing the family division court in Grafton county and, if the recommendation is for continuing the family division court, shall include in its report further recommendations on making the family division court a workable alternative to regular court in a rural setting.

5 Chairperson; Quorum. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named house member. The first meeting of the commission shall be held within 45 days of the effective date of this section.

6 Report. The commission shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the senate president, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2004.

7 Effective Date. This act shall take effect upon its passage.

LBAO

03-0945

1/27/03

HB 656-FN - FISCAL NOTE

AN ACT repealing the family division pilot program.

FISCAL IMPACT:

The Judicial Branch states this bill would decrease state expenditures by an indeterminable amount in FY 2004 and each year thereafter. There would be no fiscal impact on state, county, and local revenue or county and local expenditures.

METHODOLOGY:

The Branch states this bill would repeal the Family Division Pilot Program (FDPP) enacted by Chapter 152, Laws of 1995. The FDPP opened in July 1, 1996, without an appropriation for additional resources, instead operating with resources reallocated from the established trial courts (superior, district, and probate) in proportion to cases transferred to the FDPP sites. Upon repeal, the FDPP's cases would be returned to the three established trial courts. The Branch estimates processing cases in the established trial courts cost $140,000 less in judicial compensation than processing the same cases in the FDPP. The most significant reason for the reduction results from the use of more salaried judges to process cases. In addition, the Branch states there are 13 non-judicial positions with salaries and benefits totaling $620,000 in FY 2004. Four of these positions would be absorbed by the superior court for the benefit of the marital division upon repeal of the FDPP, and the remaining nine positions would be reallocated to the courts to partially address the vacant non-judicial positions (29 vacancies as of 1/14/03). If the 13 positions were laid off, savings would total $620,000 in FY 2004, but would exacerbate the widespread clerical staff shortage and potentially cause increased delays in case processing.