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2002 SESSION

01-0028

09/10

HOUSE BILL 134

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill requires the supreme court to establish a pilot program in the superior and district courts of one county which allows each party in a civil case one challenge to the justice assigned to the case. The bill also establishes a legislative oversight committee on the pilot program.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

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01-0028

09/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Two

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

264:1 Pilot Program to Permit Judicial Challenges by Parties in Civil Cases.

I. The supreme court shall establish a pilot program in the superior and district courts of one county, which allows each party in a civil case one challenge to the justice, or marital master, assigned to the case. The pilot program shall be implemented on or before July 1, 2002.

II. Under this pilot program, each party to any civil case before the superior court or a district court may request that one justice of the court, or one marital master in a case that may be heard by a marital master, not be assigned to the case. Such request shall be filed with the court within 30 days of the return date in any civil case. Upon timely filing of such a request, the clerk of the court shall not schedule the case in question with the justice or marital master named in the request.

264:2 Legislative Oversight Committee.

I. There is established a legislative oversight committee to study and make recommendations on the pilot program, established in section 1 of this act, allowing judicial challenges by parties in civil cases.

II.(a) The members of the legislative oversight committee shall be as follows:

(1) Three members of the senate, appointed by the president of the senate.

(2) Three members of the house of representatives, appointed by the speaker of the house.

(b) Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

III. The legislative oversight committee shall study the pilot program allowing judicial challenges by parties in civil cases.

IV. The members of the legislative oversight committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named senate member. The first meeting of the committee shall be held prior to October 1, 2003.

V. The legislative oversight committee shall report its findings and any recommendations for proposed legislation, including any recommendations for the continuation and expansion of the pilot program, to the senate president, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, the administrative justice of the district courts, the chief justice of the superior courts, and the state library on or before January 1, 2004.

264:3 Repeal. Sections 1 and 2 of this act, relative to the pilot program allowing judicial challenges in civil cases and the legislative oversight committee, are repealed.

264:4 Effective Date.

I. Section 3 of this act shall take effect July 1, 2004.

II. The remainder of this act shall take effect upon its passage.

(Approved: May 18, 2002)

(Effective Date: I. Section 3 of this act shall take effect July 1, 2004.