2001 SESSION

01-0103

04/09

CONSTITUTIONAL AMENDMENT

CONCURRENT RESOLUTION 6

ANALYSIS

This constitutional amendment-concurrent resolution provides for certain procedures to be implemented in the house and senate in the event of the impeachment of a judge.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

01-0103

04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand One

CONCURRENT RESOLUTION PROPOSING CONSTITUTIONAL AMENDMENT

Be it Resolved by the House of Representatives, the Senate concurring, that the

Constitution of New Hampshire be amended as follows:

I. That the second part of the constitution be amended by inserting after article 40 the following new article:

[Art.] 40-a [Impeachment of Judges; Proceedings.] In addition to the powers set forth in part second, articles 17, 38, and 39 of this constitution, in all proceedings involving the impeachment of a judge, the house judiciary committee shall be the investigating body which shall determine if probable cause exists to recommend impeachment of a judge. The judiciary committee shall present its findings to the house and the house shall act on such findings as a committee of the whole. A majority of house members present and voting and constituting a quorum, shall determine, by clear and convincing evidence, whether sufficient evidence exists for impeachment. If there is not sufficient evidence for impeachment, the house may recommend censure or reprimand. Upon impeachment of a judge by the house, the senate shall act as a committee of the whole and shall, by a 2/3's majority vote of those senators present and voting and constituting a quorum, render judgment beyond a reasonable doubt to convict on the charge in question. The senate may also recommend censure or reprimand of a judge as deemed appropriate.

II. That the above amendment proposed to the constitution be submitted to the qualified voters of the state at the state general election to be held in November, 2002.

III. That the selectmen of all towns, cities, wards and places in the state are directed to insert in their warrants for the said 2002 election an article to the following effect: To decide whether the amendments of the constitution proposed by the 2001 session of the general court shall be approved.

IV. That the wording of the question put to the qualified voters shall be:

"Are you in favor of amending the second part of the Constitution to provide that the following new article be inserted:

[Art.] 40-a [Impeachment of Judges; Proceedings.] In addition to the powers set forth in part second, articles 17, 38, and 39 of this constitution, in all proceedings involving the impeachment of a judge, the house judiciary committee shall be the investigating body which shall determine if probable cause exists to recommend impeachment of a judge. The judiciary committee shall present its findings to the house and the house shall act on such findings as a committee of the whole. A majority of house members present and voting and constituting a quorum, shall determine, by clear and convincing evidence, whether sufficient evidence exists for impeachment. If there is not sufficient evidence for impeachment, the house may recommend censure or reprimand. Upon impeachment of a judge by the house, the senate shall act as a committee of the whole and shall, by a 2/3's majority vote of those senators present and voting and constituting a quorum, render judgment beyond a reasonable doubt to convict on the charge in question. The senate may also recommend censure or reprimand of a judge as deemed appropriate."

V. That the secretary of state shall print the question to be submitted on a separate ballot or on the same ballot with other constitutional questions. The ballot containing the question shall include 2 squares next to the question allowing the voter to vote "Yes" or "No." If no cross is made in either of the squares, the ballot shall not be counted on the question. The outside of the ballot shall be the same as the regular official ballot except that the words "Questions Relating to Constitutional Amendments proposed by the 2001 General Court" shall be printed in bold type at the top of the ballot.

VI. That if the proposed amendment is approved by 2/3 of those voting on the amendment, it becomes effective when the governor proclaims its adoption.