SB 412-FN - AS INTRODUCED
2000 SESSION
SENATE BILL 412-FN
AN ACT adopting the "Court Integrity and Attorney's Independence Act."
SPONSORS: Sen. Roberge, Dist 9; Sen. Brown, Dist 17; Rep. Bickford, Straf 1
This bill adopts a "Court Integrity and Attorney's Independence Act" which:
I. Provides that all part-time judges be phased out by January 1, 2006.
II. Terminates the integration of the New Hampshire Bar Association.
III. Makes the New Hampshire Bar Foundation an independent charity.
IV. Reestablishes the judicial conduct committee as a board which is independent of the judiciary.
V. Reestablishes the professional conduct committee as a board which is independent of the Bar Association and the courts.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
00-2646
09/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand
AN ACT adopting the "Court Integrity and Attorney's Independence Act."
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Title. This act shall be known as the "Court Integrity and Attorney's Independence Act."
2 State Judges to be Full-time. Beginning January 1, 2006, all state judges shall be full-time and shall not act as legal counsel in the state of New Hampshire.
3 Judicial Salaries: Reference to Prohibition From Practice Removed. Amend RSA 491-A:1 to read as follows:
491-A:1 Salaries Established. The salaries for the positions set forth below shall be as follows:
Chief justice, supreme court $109,848
Associate justices, supreme court $106,518
Chief justice, superior court $106,518
Associate justices, superior court $ 99,861
District court justices [prohibited from
practice pursuant to RSA 502-A:21] $ 99,861
Probate judges [prohibited from
practice pursuant to RSA 547:2-a] $ 99,861
4 Disqualification of Justices. RSA 502-A:21 is repealed and reenacted to read as follows:
502-A:21 Disqualifications of Justices. No justice, associate justice, special justice or clerk of any district or municipal court shall be retained or employed as attorney in any action, complaint, or proceeding pending in any court in this state.
5 District Court Justices; Prohibition on Practice of Law. RSA 502-A:21-a is repealed and reenacted to read as follows:
502-A:21-a Prohibition on Practice of Law. A district court justice shall not be permitted to engage in the practice of law to any degree. District court justices shall, when requested by the supreme court, assist other district courts whenever a justice in such other court is disqualified, disabled, otherwise unable to sit, or in need of assistance.
6 Probate Judges; Prohibition on Practice of Law. RSA 547:2-a is repealed and reenacted to read as follows:
547:2-a Prohibition on Practice of Law; Disqualification. A probate judge shall not be permitted to engage in the practice of law to any degree. Probate judges shall receive the salary specified in RSA 491-A:1 and shall be entitled to the same disability and retirement benefits as justices of the district court. Probate judges designated pursuant to RSA 491-A:4, IV shall assist the probate courts in the other counties whenever a probate judge in such other county is disqualified, disabled, or otherwise unable to sit.
7 Probate Judges; Prohibition on Acting as Counsel. RSA 547:13 is repealed and reenacted to read as follows:
547:13 Acting as Counsel. A probate judge shall not act as counsel or advocate in any business in, or which may be brought into any probate court. Probate judges under RSA 547:2-a shall be prohibited from the practice of law to any degree.
8 Repeal. The following are repealed:
I. RSA 491-A:3, relative to salaries for part-time district court justices.
II. RSA 491-A:4, relative to salaries for part-time probate judges.
9 New Section; Bar Association Membership not Mandatory. Amend RSA 311 by inserting after section 2 the following new section:
311:2-a Bar Association Membership not Mandatory. No attorney shall be required to be a member of the New Hampshire Bar Association in order to practice law in this state.
10 New Subdivision; New Hampshire Bar Foundation. Amend RSA 311 by inserting after section 13 the following new subdivision:
311:14 New Hampshire Bar Foundation. The New Hampshire Bar Foundation shall be maintained as an independent charity. Attorneys and law firms which contribute their client's funds to this charitable fund shall not make decisions regarding the disposition of moneys from the fund.
11 Subdivision Heading. Amend the subdivision heading preceding RSA 490:30 to read as follows:
[Committee on] Judicial Conduct Board
12 Committee on Judicial Conduct Reestablished as Judicial Conduct Board. RSA 490:30 is repealed and reenacted to read as follows:
490:30 Judicial Conduct Board. The judicial conduct board, established by rule of the supreme court, shall be independent of the judiciary. No judges shall be members of the board. The board shall be managed by an administrator, who shall be a classified state employee. The administrator shall be responsible for reviewing complaints and initiating appropriate legal action for those complaints which are considered potential violations of the Code of Judicial Conduct.
13 New Section; Professional Conduct Board. Amend RSA 311 by inserting after section 8 the following new section:
311:8-a Professional Conduct Board. The professional conduct board, established by rule of the supreme court, shall be independent of the New Hampshire Bar Association and the courts. No judge or attorney shall be a member of the board. The board shall be managed by an administrator, who shall be a classified state employee. The administrator shall be responsible for reviewing complaints and initiating appropriate legal action for those complaints which are considered to be violations of the Rules of Professional Conduct. The costs of operating the board shall be assessed against attorneys on an annual basis.
14 Attorney Professional Conduct Board. The professional conduct board established under RSA 311:8-a replaces the professional conduct committee on the effective date of this section.
15 Effective Date.
I. Sections 2-8 of this act shall take effect January 1, 2006.
II. The remainder of this act shall take effect January 1, 2001.
LBAO
00-2646
12/17/99
SB 412-FN - FISCAL NOTE
AN ACT adopting the "Court Integrity and Attorney's Independence Act."
FISCAL IMPACT:
The Office of Legislative Budget Assistant is unable to complete a fiscal note for this bill as it is awaiting information from an agency.