HB1306: relative to approval of recommendations of marital masters and judicial referees.

CHAPTER 320

HB 1306 – FINAL VERSION

17Feb2010… 0466h

2010 SESSION

10-2101

09/01

HOUSE BILL 1306

AN ACT relative to approval of recommendations of marital masters and judicial referees.

SPONSORS: Rep. Rowe, Hills 6; Rep. W. O’Brien, Hills 4; Rep. Gorman, Hills 23; Rep. Nixon, Hills 17; Rep. Emiro, Rock 3; Sen. Bragdon, Dist 11; Sen. Letourneau, Dist 19

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill requires the judge responsible for approving the recommendations made by a marital master or judicial referee to certify that he or she has read the recommendations and agrees that the marital master or judicial referee has applied the correct legal standard to the facts.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

17Feb2010… 0466h

10-2101

09/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT relative to approval of recommendations of marital masters and judicial referees.

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

320:1 Recommendations of Marital Masters. Amend RSA 490-D:9 to read as follows:

490-D:9 Recommendations of Marital Masters. All recommendations of marital masters shall be signed by a judge. The judge signing such recommendations shall certify that he or she has read the recommendations and agrees that the marital master has applied the correct legal standard to the facts determined by the marital master.

320:2 Recommendations of Judicial Referees. Amend RSA 493-A:1-a, II to read as follows:

II. A judicial referee may be assigned to take testimony, receive and review evidence, and make recommendations for findings of fact and conclusions of law in any court specified in paragraph I by the chief justice of the supreme court or superior court, from which the referee retired, or the administrative justice of any other court from which the referee retired. All recommendations of judicial referees shall be approved by a justice in regular active service or senior active service of the court to which the referee is assigned. The judge approving such recommendations shall certify that he or she has read the recommendations and agrees that the judicial referee has applied the correct legal standard to the facts determined by the judicial referee. A judicial referee shall not preside over jury trials and shall not enter final orders in any case.

320:3 Effective Date. This act shall take effect January 1, 2011.

Approved: July 20, 2010

Effective Date: January 1, 2011