HB 1100

AN ACT relative to the judicial conduct commission and making an appropriation therefor.

SPONSORS: Rep. Rowe, Hills 14; Rep. Dudley, Graf 14; Rep. Soltani, Merr 10; Rep. J. Pratt, Ches 2; Rep. Herman, Hills 13; Sen. D'Allesandro, Dist 20; Sen. Johnson, Dist 3; Sen. Barnes, Dist 17

This bill requires each judge to be reviewed by the judicial conduct commission every 7 years.

The bill authorizes the department of administrative services and the state library to assist the judicial conduct commission in certain areas. The bill permits the commission, with the approval of the legislative fiscal committee, to employ counsel, attorneys, and other assistants, in case of reasonable necessity, and makes a continual appropriation for such purpose.

The bill also makes an appropriation to the judicial conduct commission for the 2002 fiscal year nonlapsing.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT relative to the judicial conduct commission and making an appropriation therefor.

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

1 Section Heading; Reference Added. Amend the section heading to RSA 494-A:10 to read as follows:

2 New Section; Periodic Review of Judges. Amend RSA 494-A by inserting after section 11 the following new section:

I. The commission shall review all judges, as defined in RSA 494-A:2, III, every 7 years. For judges who have served less than 7 years on the effective date of this section or who are appointed after the effective date of this act, a review shall be held every 7 years after the date of the judge's initial appointment. For any judge who has served for more than 14 years on the effective date of this section, a review shall be held prior to January 1, 2005 and every 7 years from the date of such initial review. For any judge who has served for 7 years or more but 14 years or less on the effective date of this act, a review shall be held prior to January 1, 2007, and every 7 years from the date of such initial review.

II. In conducting the review, the commission shall hold at least one public hearing, receive testimony, and examine pertinent documents to determine the fitness of the judge. The supreme court shall make available to the commission judicial performance evaluations required by RSA 490:32.

III. In reviewing judges, the commission shall consider factors such as integrity, legal knowledge and ability, judicial temperament, impartiality, commitment to justice, adherence to the code of judicial conduct, and administrative and communicative skills.

IV. If the commission determines by a majority vote that the judge under review ought to be removed from office, the commission shall present its findings in the form either of a draft bill of particulars for an address or draft articles of impeachment to the speaker of the house and the president of the senate for such action as the Legislature, pursuant to its constitutional authority, shall deem appropriate.

3 New Sections; Administrative Support; Legal Costs. Amend RSA 494-A by inserting after section 17 the following new sections:

494-A:18 Administrative Support. Notwithstanding RSA 494-A:1, upon request of the commission, the department of administrative services shall assist the commission in matters related to personnel and benefits administration, purchasing, telecommunications, financial data management, and property management. Upon request of the commission, the state library shall assist the commission in development and maintenance of a web page on the official state website.

494-A:19 Legal Costs. With the approval of the joint legislative fiscal committee, the commission may employ counsel, attorneys, and other assistants, in case of reasonable necessity, and may pay them reasonable compensation. The governor is authorized to draw a warrant for the costs of such compensation out of any money in the treasury not otherwise appropriated.

267:8 Appropriation. The sum of [~~$125,000 for the fiscal year ending June 30, 2002 and the sum of $250,000 for the fiscal year~~] $375,000 for the biennium ending June 30, 2003 [~~are~~] is hereby appropriated to the judicial conduct commission established by this act, for the purposes of the administration of the provisions of this act. The governor is authorized to draw a warrant for said [~~sums~~] sum out of any moneys in the treasury not otherwise appropriated.

AN ACT relative to the judicial conduct commission and making an appropriation therefor.

The Office of Legislative Budget Assistant has determined this bill, as amended by the House, (House Amendment #2002-2953h) will have no fiscal impact on state, county and local revenue or expenditures.

This bill requires the review of judges by the Judicial Conduct Commission every seven years, and makes the $125,000 appropriation in Chapter 267:8, Laws of 2001 for FY 2002 non-lapsing until June 30, 2003, for the purpose of hiring staff as authorized under RSA 494-A:17. This legislation also establishes a procedure for the Commission to seek additional funding for counsel, attorneys, and other assistants, in case of reasonable necessity, with the prior approval of the Joint Legislative Fiscal Committee