2/20/02 2684s

2002 SESSION

02-3009

06/09

CONSTITUTIONAL AMENDMENT

CONCURRENT RESOLUTION 33

AMENDED ANALYSIS

This constitutional amendment concurrent resolution provides that beginning January 1, 2003, the judicial selection process shall be conducted through a judicial commission, whose composition shall be determined by the legislature. The judicial commission shall recommend qualified individuals to the governor and council for appointment as judicial officers.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

2/20/02 2684s

02-3009

06/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Two

CONCURRENT RESOLUTION PROPOSING CONSTITUTIONAL AMENDMENT

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I. That article 46 of the second part of the constitution be repealed and readopted to read as follows: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. Every such nomination shall be made at least 10 days prior to such appointment. 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 a judicial commission established for the purpose of evaluating the qualifications of judicial candidates. The composition of the commission shall be determined by the legislature, provided that: no member shall be an active or retired judge of any state court; no member shall hold an elected state or county office; and no more than ½ of the membership of the commission shall be members of any one political party.

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 2002 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 second part 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. Every such nomination shall be made at least 10 days prior to such appointment. 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 a judicial commission established for the purpose of evaluating the qualifications of judicial candidates. The composition of the commission shall be determined by the legislature, provided that: no member shall be an active or retired judge of any state court; no member shall hold an elected state or county office; and no more than ½ of the membership of the commission shall be members of any one political party.

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 2002 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.