Governor and Executive Council Agenda item PDF - 2026-01-07 - agenda 24

Meeting Date

2026-01-07

Attachment Kind Label

Agenda item PDF

Attachment Relation

primary_meeting_attachment

Agenda Numbers

24

Agency Names

Judicial Council

Parent Meeting Title

Governor and Executive Council meeting - 2026-01-07

JAN 0 7 2026

Nina Gardner. Chair

Richard E. Samdperil, Esq., Vice Chair

Hon. Melissa B. Countway

James T. Boffetti. Esq.

Stephanie Bray. Esq.

Sen. Bill Gannon

Kimberley Casey

Hon. Ellen V. Christo

John E. Durkin. Esq.

Jennifer Haggar. Esq.

Hon. Mark Howard

December 19, 2025

THE STATE OF NEW HAMPSHIRE

JUDICIAL COUNCIL

www.nh.gov/judicialcouncil

Heather Kuip. Esq.

Robert Lucic. Esq.

Steven 0. Lubrano

Rep. Marjorie Smith

Hon. Christopher Keating

Brian J. X. Murphy. Esq

Dino Scaia

Aian Seidman. Ed.O

Philip H. Utter. Esq.

Hon Robert S. Stephen

Jay Buckey. Executive Director

One Granite Place. Suite 226

Concord. New Hampshire 03301

www.judlcialcouncil.nh.gov

Her Excellency, Governor Kelly A. Ayotte

and the Honorable Council

State House

Concord, N.H. 03301

REQUESTED ACTION

Pursuant to RSA 604-A:l-b, Additional Funding, authorize the Judicial Council to receive an

additional appropriation from funds not otherwise appropriated in the total amount of $1,000,000,

effective upon Governor and Council approval, through June 30, 2027. On December 19, 2025,

the Fiscal Committee (FIS 25-292) approved an amended request for additional appropriations in

the amount of $1,000,000. 100% General Funds.

Funding is to be budgeted in 02-07-07-070010-10930000 CONTRACT COUNSEL as follows;

Class/Expense Class Title Current Budget Change

102/500731 Provider Payments Legal Services $1,735,000 $1,000,000

EXPLANATION

Revised Budget

$2,735,000

This account funds the work of contract counsel for indigent criminal defendants. Contract counsel

provide this representation on a fixed fee basis. The Judicial Council utilizes contract counsel when

the New Hampshire Public Defender (NHPD) has a conflict in a case or is closed to intake.

Contract counsel have priority in assignment for these cases.

There are currently more than 300 defendants who are without counsel, and of those, more than

100 are incarcerated. These cases cannot move forward without counsel. The State is

constitutionally required to provide representation for indigent criminal defendants facing

incarceration. Adequate funds for this budget line are necessary to fund this required representation

and ensure that sufficient attorneys are available to accept cases.

The Judicial Council does not determine who qualifies for counsel, i.e., who is indigent. These

determinations are made by the Judicial Branch. The Supreme Court has recently instituted a task

force to improve the process to ensure that accurate eligibility determinations are made.

RSA 604-A: 1-b provides that "[i]n the event that expenditures for indigent defense by the Judicial

Council are greater than amounts appropriated in the operating budget, the Judicial Council may

request, with prior approval of the Fiscal Committee of the General Court, that the Governor and

Council authorize additional funding. For funds requested and approved, the Governor is

authorized to draw a warrant from any money in the treasury not otherwise appropriated."

The contract counsel system is based on a per unit basis of payment. Different representation types

have different unit values. The factors that have led to the increased need for assigned and contract

counsel are very similar and include;

1. In criminal cases, the shift from "felonies first" to re-filing cases in the circuit court. This

has led to more hearings and consequentially more billing for cases.

2. Increasing case complexity and duration.

3. Particularly serious indigent defense assigned cases (i.e., murder and other complex cases

such as those involving YDC litigation).

4. The change in bail laws (i.e. HB 592) will likely increase the number of defendants who

are incarcerated pretrial and increase the costs related to providing a defense in those cases.

5. Contract counsel usage increases when NHPD offices are closed due to reaching case

capacity. Due to budget uncertainty and constraints, NHPD was unable to hire the full

number of attorneys it planned to (hiring 9 instead of 19), which has led to ongoing attorney

shortages at certain offices.

6. There is a lack of attorneys willing to accept contracts with the Judicial Council, which

leads to increased reliance on assigned counsel.

Despite efforts at recruitment and retention. New Hampshire lacks adequate numbers of attorneys

willing and able to accept indigent defense cases. Neighboring states Maine and Massachusetts

have also recently confronted acute shortages of indigent defense attorneys, which has led to

defendants in both states being released and charges dropped when counsel could not be located

in a timely manner. New Hampshire must also compete with neighboring states for qualified

attorneys willing to accept these cases.

The funds currently available in account 02-07-07-070010-10930000 are insufficient to pay for

the expected number of cases between now and the end of the current fiscal year. Based on the

trends so far this fiscal year, the Judicial Council determines that the account will require the

addition of at least $1,000,000 to meet the anticipated expenditures in this line through June 30,

2026.

This agency will remain at your service to provide any requested information concerning the

importance of this additional funding to the orderly administration of justice.

Thank you for your consideration.

Respectful

Jay M

Execu

iC^

Jirector

FIS 25-292

MICHAEL W. KANE. MPA

Legislative Budget Assistant

(603) 271 3161

CHRISTOPHER M. SHEA. MPA

Deputy Leg^islative Budget Assistant

(603) 271 3161

OFFICE OF LEGISLATIVE BUDGET ASSISTANT

State House, Room 102

Concord, New Hampshire 03301

CHRISTINE L. YOUNG. CPA

Director, Audit Division

(603) 271-2786

December 19, 2025

Jay M. Buckey, Executive Director

Judicial Council

One Granite Place, Suite 226

Concord, New Hampshire 03301

Dear Executive Director Buckey,

The Fiscal Committee, pursuant to the provisions of RSA 604-A: 1 -b, on December

19, 2025, amended and approved the request of the Judicial Council, to receive an additional

appropriation from funds not otherwise appropriated in the total' amount of $1.000.000 through

June 30, 2027, not the $2,000,000 as specified in the request dated November 25, 2025.

Sincerely,

Michael W. Kane

Legislative Budget Assistant

MWK/pe

Attachment

TDD Access: Relay NH 1-800-735-2964

Nina Gardner, Chair

Richard E. Samdperil, Esq., Vice Chair

Hon. Melissa B. Countway

James T. Boffetti, Esq.

Stephanie Bray, Esq.

Sen. Bill Gannon

Kimberley Casey

Hon. Ellen V. Christo

John E. Durlrin, Esq.

Jennifer Haggar, Esq.

Hon. Mark Howard

November 25, 2025

FtS 25 292

THE STATE OF NEW HAMPSHIRE

JUDICIAL COUNCIL

www.nh.gov/judicialcouncil

Heather Kulp, Esq.

Robert Lucic, Esq.

Steven D. Lubrano

Rep Marjorie Smith

Hon. Christopher Keating

Brian J. X. Murphy. Esq.

Dino Scala

Alan Seidman, Ed.D

Philip H. Utter, Esq.

Hon. Roberts. Stephen

Jay Buckey, Executive Director

One Granite Place, Suite 226

Concord, New Hampshire 03301

www.judiclalcouncil.nh.goy

The Honorable Ken Weyler, Chairman

Fiscal Committee of the General Court and

Her Excellency, Governor Kelly A. Ayotte

and the Honorable Council

State House

Concord, N.H. 03301

REQUESTED ACTION

Pursuant to RSA 604-A:l-b, Additional Funding, authorize the Judicial Council to receive an

additional appropriation from funds not otherwise appropriated in the total amount of $2,000,000,

effective upon Fiscal Committee and Governor and Council approval, through June 30,

2027. 100% General Funds.

Funding is to be budgeted in 02-07-07-070010-10930000 CONTRACT COUNSEL as follows;

Class/Expense Class Title Current Budget Change Revised Budget

102/500731 Provider Payments Legal Services $1,735,000 $2,000,000 $3,735,000

EXPLANATION

This account funds the work of contract counsel for indigent criminal defendants. Contract counsel

provide this representation on a fixed fee basis. The Judicial Council utilizes contract counsel when

the New Hampshire Public Defender (NHPD) has a conflict in a case or is closed to intake.

Contract counsel have priority in assignment for these cases. The Judicial Council, in conjunction

with the Case Conflict Administrator, must locate counsel for all those who qualify when the

NHPD cannot accept a case.

There are currently approximately 300 defendants who are without counsel, and of those, 100 are

incarcerated. These cases cannot move forward without counsel. The State is constitutionally

required to provide representation for indigent criminal defendants facing incarceration. Adequate

funds for this budget line are necessary to fund this required representation and ensure that

sufTicient attorneys are available to accept cases.

The Judicial Council does not determine who qualifies for counsel, i.e., who is indigent. These

determinations are made by the Judicial Branch. The Supreme Court has recently instituted a task

force to improve the process to ensure that accurate eligibility determinations are made.

RSA 604-A: 1-b provides that "[i]n the event that expenditures for indigent defense by the Judicial

Council are greater than amounts appropriated in the operating budget, the Judicial Council may

request, with prior approval of the Fiscal Committee of the General Court, that the Governor and

Council authorize additional funding. For funds requested and approved, the Governor is

authorized to draw a warrant from any money in the treasury not otherwise appropriated."

The contract counsel system is based on a per unit basis of payment. Different representation types

have different unit values. The factors that have led to the increased need for assigned and contract

counsel are very similar and include;

1. In criminal cases, the shift from "felonies first" to re-filing cases in the circuit court. This

has led to more hearings and consequentially more billing for cases.

2. Increasing case complexity and duration.

3. Particularly serious indigent defense assigned cases (i.e., murder and other complex cases

such as those involving YDC litigation).

4. The change in bail laws (i.e. HB 592) will likely increase the number of defendants who

are incarcerated pretrial and increase the costs related to providing a defense in those cases.

5. Contract counsel usage increases when NHPD offices are closed due to reaching case

capacity. Due to budget uncertainty and constraints, NHPD was unable to hire the full

number of attorneys it planned to (hiring 9 instead of 19), which has led to ongoing attorney

shortages at certain offices.

6. There is a lack of attorneys willing to accept contracts with the Judicial Council, which

leads to increased reliance on assigned counsel.

Despite efforts at recruitment and retention. New Hampshire lacks adequate numbers of attorneys

willing and able to accept indigent defense cases. Neighboring states Maine and Massachusetts

have also recently confronted acute shortages of indigent defense attorneys, which has led to

defendants in both states being released and charges dropped when counsel could not be located

in a timely manner. New Hampshire must also compete with neighboring states for qualified

attomeys willing to accept these cases.

The funds currently available in account 02-07-07-070010-10930000 are insufficient to pay for

the expected number of cases between now and the end of the current fiscal year. Based on the

trends so far this fiscal year, the Judicial Council determines that the account will require the

addition of at least $2,000,000 to meet the anticipated expenditures in this line through June 30,

2026.

This agency will remain at your service to provide any requested information concerning the

importance of this additional funding to the orderly administration of justice.

Thank you for your consideration.

lyRespe itted,

Jay

Execute Director