SB 0137

This bill clarifies the law relative to statements to judges. The bill also changes the penalty for violations of the law relative to such statements.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Statements to Judges; Penalty. RSA 495:1 and RSA 495:2 are repealed and reenacted to read as follows:

495:1 Statements to Judges. No person who has a suit at law or in equity, petition, or other proceeding pending or to be heard or tried before a judge, justice, or magistrate, shall make any statement in regard to the merits of any such cause, suit, or proceeding to any such judge, justice, or magistrate, except in open court or in the presence of all parties thereto.

495:2 Penalty. Any person who shall make any statements in regard to the merits of any such cause, suit, or proceeding to any judge, justice, magistrate or county commissioner, except in open court or in the presence of all parties, shall be guilty of a misdemeanor and, notwithstanding RSA 651:2, shall be fined not more than $500 or imprisoned not more than 7 days, or both.

The Administrative Office of the Courts does not anticipate that the proposed legislation relative to statements to judges will have any fiscal impact on the Judicial Branch.

The Judicial Council stated that the new penalty will carry with it a criminal proceeding and the potential appointment of counsel. Since the language is broad, it cannot be assumed that those to which this statute may apply would be able to afford an attorney. The Council assumed that any cases arising from the enactment of this law for which the Indigent Defense Fund may be liable, will, in the first instance be handled by the public defender or contract attorneys who accept these cases on a fixed fee basis of $250 for each misdemeanor charge. If an assigned counsel attorney must be used, the hourly rate of $60, with a fee cap of $1,000 for misdemeanor cases will apply. If a motion to exceed the fee cap is approved and/or "services other than counsel" are approved, these will also be chargeable to the Indigent Defense Fund. The Council is unable to predict the number of cases or trials which may arise as a result of the passage of this legislation, therefor, they are unable to estimate the dollar amount of the anticipated costs of such representation.

The Association of Counties is unable to predict how many, if any, individuals would be incarcerated at a county correctional facility as result of this legislation, therefor, they are unable to estimate the fiscal impact on the counties. The Association stated that this bill may increase county expenditures by an indeterminable amount. The Association is unable to determine how many individuals will be incarcerated at a county correctional facility as a result of this bill. The FY 2000 average per diem cost to incarcerate an inmate at a NH county jail is $59.27.