SB 86-FN - AS INTRODUCED

2001 SESSION

01-0360

09/01

SENATE BILL 86-FN

AN ACT establishing a process for reviewing judges.

SPONSORS: Sen. D'Allesandro, Dist 20; Sen. Francoeur, Dist 14

COMMITTEE: Judiciary

ANALYSIS

This bill requires the governor and executive council to review each judge every 10 years following the judge's initial appointment. As part of this review, the governor and council conduct a public hearing. The governor and council must prepare a report of the results of each review, which shall make a conclusion as to whether the review is positive or negative. The report shall be sent to the legislature and shall be available for public inspection.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

01-0360

09/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand One

AN ACT establishing a process for reviewing judges.

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

1 Review of Judges. Amend RSA 4:44 to read as follows:

4:44 Hearing Prior to Confirmation of Judicial Appointment; Review of Judges.

I. Prior to making any judicial appointment with the governor under the provisions of the constitution, the executive council shall hold a public hearing to allow any member of the public who so desires to offer testimony on the prospective judicial appointee. Notice of the hearing shall be provided at least 7 days prior to the date of the hearing in at least 2 newspapers of statewide circulation. Prior to making the judicial appointment, the executive council shall consider the testimony made at the public hearing.

II. The governor and executive council shall, every 10 years after appointment of a judge, conduct a review of such judge. As part of this review, the governor and council shall hold a public hearing with the same conditions and notice requirements as the public hearing conducted on judicial appointees under paragraph I. The governor and council shall prepare a report of the results of each review, which shall make a conclusion as to whether the review is positive or negative and shall indicate the reasons for such conclusion. The report shall be sent by the office of the governor to the speaker of the house, the senate president, and the members of the house and senate judiciary committees. The report shall be available for public inspection.

2 Effective Date. This act shall take effect 60 days after its passage.

LBAO

01-0360

1/30/01

SB 86-FN - FISCAL NOTE

AN ACT establishing a process for reviewing judges.

FISCAL IMPACT:

The Legislative Budget Assistant has determined that this legislation has a total fiscal impact of less than $10,000 in each of the fiscal years 2001 through 2005.