HB1251: relative to law enforcement officials appearing in court as an attorney.

HB 1251 - AS INTRODUCED

2024 SESSION

24-2225

10/08

HOUSE BILL 1251

AN ACT relative to law enforcement officials appearing in court as an attorney.

SPONSORS: Rep. Trottier, Belk. 8; Rep. Bordes, Belk. 5

COMMITTEE: Judiciary

ANALYSIS

This bill allows a sheriff, deputy sheriff, police officer, constable, or city marshal who is a member of the New Hampshire bar to appear in court as an attorney in certain 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24-2225

10/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Four

AN ACT relative to law enforcement officials appearing in court as an attorney.

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

1 Sheriffs, Constables, and Police Officers; Appearance as Attorney. Amend RSA 104:25 to read as follows:

104:25 Not To Be Attorney. No sheriff or deputy sheriff, police officer, constable, or city marshal shall appear in any court or before a justice as attorney for any party in a civil proceeding or for a respondent in any criminal proceeding unless the said sheriff, deputy sheriff, police officer, constable, or city marshal is a member of the New Hampshire bar, in good standing, provided that said official cannot represent any party in the primary county they have jurisdiction and can only represent in a civil proceeding in which they do not have a conflict in their official duty as a law enforcement official.

2 Effective Date. This act shall take effect 60 days after its passage.