HB 466 - AS AMENDED BY THE HOUSE
05apr01...0579h
2001 SESSION
09/10
HOUSE BILL 466
AN ACT relative to the selection of replacement justices for supreme court justices who are disqualified to hear cases.
SPONSORS: Rep. Wall, Straf 9; Rep. Bergin, Hills 16; Rep. Craig, Hills 38; Rep. J. Pratt, Ches 2; Rep. Mock, Carr 3
This bill establishes a new selection method for justices to replace supreme court justices who are disqualified to hear cases.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05apr01...0579h
01-0053
09/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand One
AN ACT relative to the selection of replacement justices for supreme court justices who are disqualified to hear cases.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Supreme Court Justices; Method for Choosing Replacement Justices for Disqualified Justices. RSA 490:3, II and III are repealed and reenacted to read as follows:
II. Upon the retirement, disqualification, or inability to sit of a justice or justices of the supreme court, the chief justice or senior associate justice of the supreme court shall determine, taking into consideration the requirements of RSA 490:7, whether a replacement justice or justices are needed and if so, the number of replacement justices required. The chief justice or senior associate justice may determine that, for purposes of administrative efficiency, a single replacement justice should serve in more than one case during an argument session rather than using different replacement judges during the session. If the determination is made that a replacement justice or justices are needed, the chief justice or senior associate justice shall notify the clerk of the supreme court that a replacement justice or justices will be selected. The following procedure shall be followed in selecting a replacement justice:
(a) The clerk of the supreme court shall determine whether any retired supreme or superior court justice is available and qualified to serve as a replacement justice. If more than one retired justice is available and qualified to serve, the replacement justice shall be chosen by lot by the clerk from those available and qualified to serve.
(b) If no retired justice is available and qualified to serve as a replacement justice, the clerk of the supreme court shall request that the chief justice of the superior court prepare a list of all active superior court justices available and qualified to serve as a replacement justice. The replacement justice shall be chosen by lot by the clerk of the supreme court from the active superior court justices available and qualified to serve.
(c) The lots shall be drawn publicly in the chamber of the supreme court, after reasonable notice to the parties and to the public to the extent practicable.
(d) After the replacement justice or justices are selected, the clerk of the supreme court shall certify that the above procedure was followed.
III. A justice assigned to sit temporarily on the supreme court pursuant to paragraph II of this section shall have all the authority of a supreme court justice to hear arguments, render decisions, and file opinions. No justice shall be assigned to sit on the supreme court in the determination of any cause or matter upon which the justice has previously sat or for which such justice is otherwise disqualified nor without such justice's consent.
2 Effective Date. This act shall take effect January 1, 2002.