03may01...0860h

2001 SESSION

01-0571

09/10

HOUSE BILL 495

COMMITTEE: Judiciary

ANALYSIS

This bill adopts a procedure for courts to follow in appointments of officials by the courts.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03may01...0860h

01-0571

09/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand One

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

1 New Chapter; Court Appointed Officials. Amend RSA by inserting after chapter 493-A the following new chapter:

CHAPTER 493-B

COURT APPOINTED OFFICIALS

493-B:1 Definitions. In this chapter:

I.(a) "Appointed official" means an administrator, an administrator de bonis non, a special administrator, a guardian ad litem except as provided in subparagraph (b)(2), an auditor, an appraiser, a referee, a master, or any other person appointed by a court; part or all of whose compensation is to be paid by one or more parties to an action pending before the court.

(b) "Appointed official" shall not include:

(1) An executor nominated by a decedent or an appraiser nominated by such executor.

(2) A guardian ad litem appointed in a matter involving the custody of minor children.

(3) A marital master duly appointed under the marital master program.

II. "Court" means the supreme, superior, district, and probate courts of this state and any judge acting on behalf of or under the authority of one of such courts.

493-B:2 Procedure for Appointment.

I. No court may select, designate, or appoint appointed officials, except under the procedure provided in paragraph II.

II. When any court, on its own initiative or at the request of a party to an action pending before the court, contemplates the selection of any appointed official, it shall notify all parties to the action and afford all such parties the opportunity to object to the person proposed or contemplated. If any party objects within 15 days of the issuance of the notice by the court, such person shall not be selected and the following procedure shall be used:

(a) Each party may submit up to 5 proposed appointed officials along with their rates of compensation and qualifications.

(b) The court shall appoint any person who is proposed by both parties.

(c) If the parties' respective lists have no person in common, the court shall so inform the parties and shall allow the parties 15 days from the date of the issuance of notice to agree on the selection of the appointed official.

(d) If the parties fail to agree, the court shall select the appointed official by lot from those submitted by the parties.

493-B:3 Rules. The supreme court may adopt rules, not inconsistent with statute, to achieve the objectives of this chapter.

2 Effective Date. This act shall take effect January 1, 2002.