HB 457-FN - AS INTRODUCED
2001 SESSION
09/10
HOUSE BILL 457-FN
AN ACT establishing a process for reviewing judges.
SPONSORS: Rep. L. Christiansen, Hills 23; Sen. Roberge, Dist 9
This bill requires the governor and executive council to review each judge every 5 years following the judge's initial appointment. As part of this review, the governor and council conduct a public hearing. The governor and council must prepare a report of the results of each review, which will be available for public inspection.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
01-0027
09/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand One
AN ACT establishing a process for reviewing judges.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Review of Judges. Amend RSA 4:44 to read as follows:
4:44 Hearing Prior to Confirmation of Judicial Appointment; Review of Judges.
I. Prior to making any judicial appointment with the governor under the provisions of the constitution, the executive council shall hold a public hearing to allow any member of the public who so desires to offer testimony on the prospective judicial appointee. Notice of the hearing shall be provided at least 7 days prior to the date of the hearing in at least 2 newspapers of statewide circulation. Prior to making the judicial appointment, the executive council shall consider the testimony made at the public hearing.
II. The governor and executive council shall, every 5 years after appointment of a judge, conduct a review of such judge. As part of this review, the governor and council shall hold a public hearing with the same conditions and notice requirements as the public hearing conducted on judicial appointees under paragraph I. The governor and council shall prepare a report of the results of each review, which shall be available for public inspection.
2 Effective Date. This act shall take effect 60 days after its passage.
LBAO
01-0027
1/30/01
HB 457-FN - FISCAL NOTE
AN ACT establishing a process for reviewing judges.
FISCAL IMPACT:
The Department of Administrative Services states this bill will increase state expenditures by $12,635 in FY 2002, $13,014 in FY 2003, $13,404 in FY 2004, and $13,806 in FY 2005. There will be no fiscal impact on state, county and local revenue or county and local expenditures.
METHODOLOGY:
The Department states this bill will require the governor and council to review each judge every five years following the judge's initial appointment, conduct a public hearing, and prepare a report of the results of each review. The report of each review will be available for public inspection. The Department estimates with approximately 110 judges, a review every five years after appointment, would result in interviews of 22 judges per year. The Department assumes the hearings would have to be advertised in at least two state newspapers, recorded by a stenographer, and transcribed. In addition, an Executive Assistant would be needed to prepare the reports, as well as additional office supplies. The Governor and Councilors would not be paid extra for their time. The Department estimates costs as follows based on 22 hearings:
FY 2002
Annual Costs
Advertising ($100 X 22) $ 2,200
Stenographer (3 hours @ $25 per hour X 22) 1,650
Transcriber (3 hours @ $20 per hour X 22) 1,320
Executive Assistant (7.5 hours @ $21 per hour X 22) 3,465
Office Supplies 4,000
Total $12,635
The Department assumes annual increases of 3%, resulting in an increase in state expenditures of $13,014 in FY 2003, $13,404 in FY 2004, and $13,806 in FY 2005.
The Administrative Office of the Courts states it does not anticipate this bill will have any fiscal impact on the Judicial Branch.