01-0357

09/10

SENATE BILL 24

COMMITTEE: Judiciary

ANALYSIS

This bill establishes a judicial nominating commission The judicial nominating commission shall evaluate all potential candidates for judicial nominations and recommend the most qualified candidates to the governor for appointment. When nominating judicial officers, the governor shall give high priority to choosing from the commission's list of qualified candidates.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

01-0357

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 Section; Judicial Nominating Commission. Amend RSA 4 by inserting after section 43 the following new section:

4:43-a Judicial Nominating Commission.

I. A judicial nominating commission is hereby established to seek out the best judicial talent in the state of New Hampshire, evaluate all potential candidates for judicial nominations, and recommend the most qualified candidates to the governor.

II.(a) The commission shall consist of the following 11 members:

(1) Four attorneys licensed to practice law in this state, appointed by the governor.

(2) Two senators, appointed by the senate president.

(3) Two house members, appointed by the speaker of the house.

(4) Three public members, appointed by the governor.

(b) Members shall serve terms of 3 years. No member shall serve for more than 2 full terms.

(c) Each of the executive council districts shall be represented on the commission by at least one member.

III. No members shall be eligible for appointment to a state judicial office so long as he or she is a commission member and for one year thereafter.

IV. The governor shall select the chair of the commission. The chair shall have the power to set any rules and procedures to aid in the commission's selection of the most qualified persons for recommendation to the governor for nomination to judicial office.

V. In evaluating candidates for judicial office, the commission shall consider such factors as integrity, legal knowledge and ability, judicial temperament, impartiality, commitment to justice, health, experience, diligence, administrative and communicative skills, and public service. Candidates for judicial office shall be considered without regard to race, religion, gender, national origin, sexual orientation or political affiliation.

VI. Whenever a vacancy occurs in the office of a supreme court justice, a superior court justice, a probate court judge, or a district court justice, the governor shall forthwith notify the chair of the commission of the vacancy. The commission shall proceed with diligence to recommend to the governor the names of the most qualified persons for each vacancy. The governor may from time to time request the commission to engage in further search for qualified candidates.

VII. Whenever the governor nominates a person to any vacancy occurring in the office of a supreme court justice, a superior court justice, a probate court justice, or a district court judge, the governor shall give high priority to choosing from the list of names of qualified persons submitted by the commission.

VIII. All records and deliberations with respect to persons under consideration as nominees or prospective nominees shall be held in strict confidence by the commission but shall be available to the governor. The names of persons considered by the commission shall remain confidential except to the extent necessary for the commission to carry out its responsibility to evaluate candidates.

2 Contingency. Section 1 of this act shall take effect on the later of July 1, 2002 or the effective date of any executive order of the governor which abolishes the judicial selection commission established by executive order 2000-9.

3 Effective Date.

I. Section 1 of this act shall take effect as provided in section 2 of this act.

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