HB 1338 - AS AMENDED BY THE SENATE
4/18/02 3562s
2001 SESSION
09/01
HOUSE BILL 1338
AN ACT clarifying that the judicial council is responsible for payment of indigent defense expenses and relative to the Auburn District Court.
This bill clarifies that the judicial council is responsible for payment of indigent defense expenses.
This bill also changes the name of the Auburn district to the Auburn, Candia, Raymond district and allows the court location within the district to be determined by the department of administrative services, upon recommendation of the supreme 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
4/18/02 3562s
01-2278
09/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand One
AN ACT clarifying that the judicial council is responsible for payment of indigent defense expenses and relative to the Auburn District Court.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Payment of Expenses. Amend RSA 604-A:8 to read as follows:
604-A:8 Payment of Expenses.
I. Each claim and written statement in support thereof when approved by the court shall be forwarded to the [commissioner of administrative services] judicial council for payment. [The commissioner of administrative services may adopt rules, under RSA 541-A, in addition to the requirements of paragraph II, to carry out the provisions of this section.] The judicial council shall pay bills in accordance with supreme court rules regarding indigent defense, as well as any rules adopted by the commissioner of administrative services under RSA 604-A:10, IV.
II. Statements submitted by counsel for payments of fees shall in each case be examined by the trial and appellate judges and certified by them as to the reasonableness of the fee requested and whether the defendant continued to be eligible for assignment of counsel during the duration of the trial. Such certificates shall be attached to the request for payment of counsel fees. Counsel must submit bills to the appropriate court for payment within 60 days of the disposition of a case unless the trial judge finds that there are extenuating circumstances. Courts shall, within 30 days of receipt, certify statements as outlined above and forward the certified statements to the [commissioner of administrative services] judicial council for payment.
2 Records Required. Amend RSA 604-A:10 to read as follows:
604-A:10 Rulemaking; Records Required; Judicial Council; Commissioner of Administrative Services.
I. The [commissioner of administrative services] judicial council shall keep records of the notification of eligibility and assignment of counsel as submitted by the courts of the state pursuant to supreme court order 81-5A and subsequent related orders. In addition to any other use the [commissioner of administrative services] judicial council shall make of these records, the [commissioner of administrative services] judicial council shall keep records including the following information and compile such information on a monthly basis:
(a) The name of the courts, including the location and the type of the court.
(b) The type of the case as defined by the most serious offense charged in the case, according to the following categories:
(1) Homicide
(2) Other felony
(3) Misdemeanor
(4) Juvenile
(5) Other
(c) Whether the case was assigned to a private attorney or a public defender.
II. When a final bill has been approved for payment to a private attorney, the [commissioner of administrative services] judicial council shall record the following information:
(a) The type of case as defined in RSA 604-A:10, I(b).
(b) The amount of the attorney's fee.
III. The [commissioner of administrative services] judicial council shall also compile the gross monthly cost for bills approved for payment for expenses other than counsel, including those pursuant to RSA 604-A:6.
IV. The commissioner of administrative services shall, with the approval of the attorney general, adopt rules pursuant to RSA 541-A, governing determinations of eligibility for payment of indigent defense expenditures, determinations of repayment schedules, financial and credit investigations and any other matters [he] the commissioner deems necessary or advisable for the performance of [his] duties under this chapter.
3 Auburn District Court. RSA 502-A:1, IV is repealed and reenacted to read as follows:
IV. Auburn, Candia, Raymond District. The Auburn, Candia, Raymond district shall consist of the towns of Auburn, Candia, Deerfield, Nottingham, Raymond, and Northwood. The court shall be located in a city or town within the judicial district in a location and facility designated pursuant to RSA 490-B:3, having regard for the convenience of the communities within the district. The court shall hold sessions regularly at the principal court location and elsewhere in the district as justice may require.
4 Effective Date.
I. Section 3 of this act shall take effect January 1, 2003.
II. The remainder of this act shall take effect upon its passage.