HB 0280

HB 280-FN - AS INTRODUCED

AN ACT transferring the responsibility and authority of the judicial conduct committee and the attorney's professional conduct committee to the legislature.

SPONSORS: Rep. Mirski, Graf 12; Rep. Alger, Graf 9; Rep. Thompson, Hills 47; Rep. Guinta, Hills 39; Rep. Sova, Graf 11

This bill transfers the responsibility and the authority of the committee on judicial conduct and the professional conduct committee, both currently established by rule of the supreme court, to joint committees of the legislature.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT transferring the responsibility and authority of the judicial conduct committee and the attorney's professional conduct committee to the legislature.

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

1 Regulation of Attorneys; Committee on Professional Conduct. RSA 311:8 is repealed and reenacted to read as follows:

I. There is hereby established a joint legislative committee on professional conduct to investigate allegations of improper conduct and to discipline attorneys admitted to practice pursuant RSA 311:2.

(a) Seven members of the house of representatives, appointed by the speaker of the house.

III. Members of the committee shall be appointed to serve for the biennium concurrent with their term of office. The committee shall elect a chairperson and vice-chairperson, and any other officers, from among its members. Members shall serve without compensation.

(a) To consider and investigate the conduct of any attorney within its jurisdiction and may initiate any such investigation on its own motion or may undertake the same upon complaint or grievance filed by any person. The committee shall establish a grievance procedure for the initiation of complaints.

(b) To appoint counsel and such other staff as may from time to time be required to properly perform the functions of the committee.

(c) To make a determination either on its own findings, or after review of findings by the committee or a designated subcommittee, as to whether or not the conduct of an attorney warrants dismissal, warning, reprimand, or formal disciplinary proceedings. Upon the approval of such findings and recommendations, the committee may dismiss the grievance or complaint, issue a warning, administer a reprimand, or institute and oversee the prosecution of formal disciplinary proceedings as the case may be.

(d) To reprimand attorneys subject to its jurisdiction for misconduct by issuing a letter of reprimand, or to suspend, disbar, censure, require education or supervision, or otherwise discipline attorneys subject to its jurisdiction.

(e) To adopt rules of procedure for investigations, hearings, availability of proceedings to the public, conduct of proceedings including fees, manner of final disposition, procedures for rehearing, and taxation of costs; provided that any rule adopted by the committee may be vetoed by resolution adopted by the house and senate.

(f) To educate and inform the public on the general functions, procedures, and actions of the committee.

V. All actions of the committee shall require an affirmative vote of a majority of the members of the committee before becoming effective.

VI. The fees and other revenue received by the committee shall be used to pay all expenses of the committee and are hereby continually appropriated for that purpose.

VII. Any person who knowingly and willfully swears falsely to a sworn complaint does so under penalty of perjury.

2 Transfer of Existing Authority. The committee on professional conduct, established by RSA 311:8 as inserted by section 1 of this act, shall be the successor committee to the professional conduct committee established by rule of the supreme court. All complaints or other proceedings before the professional conduct committee on the effective date of this act shall be forthwith transferred to the committee on professional conduct established by RSA 311:8 as inserted by section 1 of this act.

3 Committee on Judicial Conduct; Section Heading Changed; Reference Removed. Amend the section heading of RSA 490:30 and RSA 490:30, I to read as follows:

I. The committee on judicial conduct, established [~~by rule of the supreme court~~] in RSA 490:30-a, shall make available to the public a copy of the complaint, the committee's findings thereon, the transcript of any hearing, and a report of disciplinary actions taken with regard to the complaint; provided that the committee finds that the complaint was justified and that the person who is the subject of the complaint committed a violation of the Code of Judicial Conduct.

4 New Section; Committee on Judicial Conduct; Membership; Duties. Amend RSA 490 by inserting after section 30 the following new section:

I. There is hereby established a joint legislative committee on judicial conduct to investigate allegations of improper conduct and to discipline judicial officers of this state.

(a) Seven members of the house of representatives, appointed by the speaker of the house.

(b) Adopt rules necessary for the effective administration of this subdivision, including the determination of fees, provided that any rule adopted by the committee may be vetoed by resolution adopted by the house and senate.

(c) Publish and make available to the public all rules and guidelines governing committee procedures, and all other information the committee deems proper.

(e) Administer discipline for the acts or omissions of any judicial officer under the jurisdiction of the committee, or for the violation of any provision of this subdivision or any rule adopted by the committee.

(f) Report any allegation of an act by a judicial officer which may be construed to constitute an impeachable offense to the speaker of the house of representatives, who shall publish the report in the next house calendar.

(g) Notify all appropriate law enforcement offices and prosecutors of any acts of alleged criminal behavior before the committee may proceed on the case. The committee, however, shall have the duty to independently investigate all acts of alleged criminal behavior.

(h) Appoint, as may be necessary, any administrative staff, counsel, investigators, or other personnel.

V. All actions of the committee shall require an affirmative vote of a majority of the members of the committee before becoming effective.

VI. The fees and other revenue received by the committee shall be used to pay all expenses of the committee and are hereby continually appropriated for that purpose.

VII. Any person who knowingly and willfully swears falsely to a sworn complaint does so under penalty of perjury.

5 Transfer of Existing Authority. The committee on judicial conduct established by RSA 490:30-a as inserted by section 4 of this act shall be the successor committee to the judicial conduct committee established by rule of the supreme court. All complaints or other proceedings before the judicial conduct committee on the effective date of this act shall be forthwith transferred to the committee on judicial conduct established by RSA 490:30-a as inserted by section 4 of this act.

507:15 Penalties for Frivolous Actions. If, upon the hearing of any contract or tort action, it clearly appears to the court that the action or any defense is frivolous or intended to harass or intimidate the prevailing party, then the court, upon motion of the prevailing party or on its own motion, may order summary judgment against the party who brought such action or raised such defense, and award the amount of costs and attorneys' fees incurred by the prevailing party plus $1,000 to be paid to the prevailing party, provided such costs and fees are reasonable. The trial judge shall also report such conduct to the [~~supreme court~~] committee on professional conduct established in RSA 311:8.

AN ACT transferring the responsibility and authority of the judicial conduct committee and the attorney's professional conduct committee to the legislature.

The Office of Legislative Budget Assistant is unable to complete a fiscal note for this bill as it is awaiting information from an agency.