CACR 16 - AS AMENDED BY THE SENATE
5/9/01 1043s
5/9/01 1064s
5/24/01 1233s
2001 SESSION
04/09
CONSTITUTIONAL AMENDMENT
CONCURRENT RESOLUTION 16
RELATING TO: procedure for nomination and review of judges.
PROVIDING THAT: judges shall be nominated and selected by an independent commission and reviewed every 10 years thereafter.
SPONSORS: Sen. Fernald, Dist 11; Sen. Cohen, Dist 24; Sen. Below, Dist 5
This constitutional amendment-concurrent resolution provides that beginning January 1, 2003, the judicial selection process shall be conducted through a judicial commission which shall recommend to the governor and council qualified candidates for judicial office. The judicial commission shall, every 10 years, conduct a judicial review process and may reappoint or recommend removal of a judge by a majority vote.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
5/9/01 1043s
5/9/01 1064s
5/24/01 1233s
01-0655
04/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand One
CONCURRENT RESOLUTION PROPOSING CONSTITUTIONAL AMENDMENT
RELATING TO: procedure for nomination and review of judges.
PROVIDING THAT: judges shall be nominated and selected by an independent commission and reviewed every 10 years thereafter.
Be it Resolved by the Senate, the House of Representatives concurring, that the
Constitution of New Hampshire be amended as follows:
I. That article 46 of the second part of the constitution be repealed and readopted to read as follows:
[Art.] 46. [Nomination and Appointment of Officers; Judicial Commission.] The attorney general and all general and field officers of the militia, shall be nominated and appointed by the governor and council; and every such nomination shall be made at least 3 days prior to such appointment; and no appointment shall take place, unless a majority of the council agree thereto. Beginning January 1, 2003, all judicial officers shall be nominated and appointed by the governor and council from individuals recommended to the governor by the judicial commission. The commission shall consist of the following: one member from each executive council district appointed by the governor, 2 of whom shall be attorneys licensed to practice law in the state of New Hampshire; 2 members appointed by the president of the senate, one of whom shall be an attorney licensed to practice law in the state of New Hampshire; 2 members appointed by the speaker of the house, one of whom shall be an attorney licensed to practice law in the state of New Hampshire; and 2 members to be appointed by the chief justice of the New Hampshire supreme court, one of whom shall be an active or retired judge of a state court. No member shall be an elected official or an active or retired judge of any state court other than the active or retired judge appointed by the chief justice of the supreme court. Members shall serve terms of 3 years and no member shall serve more than 2 full terms. No member shall be eligible for appointment to a state judicial office so long as he or she is a commission member and for one year thereafter. The governor shall select the chair of the commission who shall have the power, together with a majority of the commission members, to establish any rules and procedures to aid in the commission's selection of the most qualified persons for recommendation to the governor for nomination to judicial office. In evaluating candidates for judicial office, the commission shall consider such factors as integrity, legal knowledge and ability, judicial temperament, impartiality, commitment to justice, experience, diligence, administrative and communicative skills, and public service. Candidates for judicial office shall be considered without regard to race, religion, gender, national origin, sexual orientation, or political affiliation. When a vacancy occurs in a judicial office, the governor shall forthwith notify the chair of the commission of the vacancy. The commission shall proceed with diligence to recommend to the governor the names of the most qualified persons for each vacancy. The governor's nomination of a person to fill a vacancy occurring in a judicial office shall be made from the list of names submitted by the commission. All records and deliberations with respect to persons under consideration as nominees or prospective nominees shall be held in strict confidence by the commission but shall be available to the governor. The names of persons considered by the commission shall remain confidential except to the extent necessary for the commission to carry out its responsibility to evaluate candidates. The commission shall, every 10 years, review those judicial officers appointed under this article. In reviewing judicial officers, the commission shall consider factors such as integrity, legal knowledge and ability, judicial temperament, impartiality, commitment to justice, diligence, adherence to the code of judicial conduct, and administrative and communicative skills. Upon completion of review, the commission may recommend removal of a judge from office upon a majority vote of the commission. The chairperson of the commission shall deliver to the president of the senate, the speaker of the house, and the governor, the report of the commission recommending removal. Any person holding a judicial appointment at the time this article is adopted shall not be subject to review.
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 repealing and readopting article 46 of the constitution to read as follows:
[Art.] 46. [Nomination and Appointment of Officers; Judicial Commission.] The attorney general and all general and field officers of the militia, shall be nominated and appointed by the governor and council; and every such nomination shall be made at least 3 days prior to such appointment; and no appointment shall take place, unless a majority of the council agree thereto. Beginning January 1, 2003, all judicial officers shall be nominated and appointed by the governor and council from individuals recommended to the governor by the judicial commission. The commission shall consist of the following: one member from each executive council district appointed by the governor, 2 of whom shall be attorneys licensed to practice law in the state of New Hampshire; 2 members appointed by the president of the senate, one of whom shall be an attorney licensed to practice law in the state of New Hampshire; 2 members appointed by the speaker of the house, one of whom shall be an attorney licensed to practice law in the state of New Hampshire; and 2 members to be appointed by the chief justice of the New Hampshire supreme court, one of whom shall be an active or retired judge of a state court. No member shall be an elected official or an active or retired judge of any state court other than the active or retired judge appointed by the chief justice of the supreme court. Members shall serve terms of 3 years and no member shall serve more than 2 full terms. No member shall be eligible for appointment to a state judicial office so long as he or she is a commission member and for one year thereafter. The governor shall select the chair of the commission who shall have the power, together with a majority of the commission members, to establish any rules and procedures to aid in the commission's selection of the most qualified persons for recommendation to the governor for nomination to judicial office. In evaluating candidates for judicial office, the commission shall consider such factors as integrity, legal knowledge and ability, judicial temperament, impartiality, commitment to justice, experience, diligence, administrative and communicative skills, and public service. Candidates for judicial office shall be considered without regard to race, religion, gender, national origin, sexual orientation, or political affiliation. When a vacancy occurs in a judicial office, the governor shall forthwith notify the chair of the commission of the vacancy. The commission shall proceed with diligence to recommend to the governor the names of the most qualified persons for each vacancy. The governor's nomination of a person to fill a vacancy occurring in a judicial office shall be made from the list of names submitted by the commission. All records and deliberations with respect to persons under consideration as nominees or prospective nominees shall be held in strict confidence by the commission but shall be available to the governor. The names of persons considered by the commission shall remain confidential except to the extent necessary for the commission to carry out its responsibility to evaluate candidates. The commission shall, every 10 years, review those judicial officers appointed under this article. In reviewing judicial officers, the commission shall consider factors such as integrity, legal knowledge and ability, judicial temperament, impartiality, commitment to justice, diligence, adherence to the code of judicial conduct, and administrative and communicative skills. Upon completion of review, the commission may recommend removal of a judge from office upon a majority vote of the commission. The chairperson of the commission shall deliver to the president of the senate, the speaker of the house, and the governor, the report of the commission recommending removal. Any person holding a judicial appointment at the time this article is adopted shall not be subject to review."
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 any proposed amendment approved by 2/3 of those voting on the amendment, shall become effective when the governor proclaims its adoption.