CHAPTER 147
HB 564-FN - FINAL VERSION
12mar03... 0522h
05/15/03 1558s
2003 SESSION
09/10
HOUSE BILL 564-FN
This bill allows the judicial conduct commission access to certain confidential information in the conduct of its proceedings. The bill permits the commission to hold a nonpublic session if a complaint before the commission involves the conduct of a person in a case required to be confidential by law.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12mar03... 0522h
05/15/03 1558s
03-0097
09/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Three
AN ACT relative to access to information in proceedings of the judicial conduct commission.
Be it Enacted by the Senate and House of Representatives in General Court convened:
147:1 New Section; Judicial Conduct Commission; Access to Information. Amend RSA 494-A by inserting after section 11 the following new section:
494-A:11-a Access to Information; Hearings on Confidential Cases.
I. Notwithstanding any other provision of law to the contrary, a person subject to the code of judicial conduct may provide to the members of the judicial conduct commission, its staff and agents, and in the performance of its official duties the judicial conduct commission may review, any tapes, transcripts, records of proceedings, information, files, and other documents which would otherwise be confidential. No member, staff, or agent of the judicial conduct commission shall disclose such information except in the course of official duty.
II. In a hearing under RSA 494-A:11, II if any part of the complaint involves the conduct of a person in a case required to be confidential by law, the commission may, by majority vote, conduct the hearing, or any part thereof, in a session not open to the public. In such circumstances the commission shall make available to the public a summary of the nature of the complaint, the names of the person complained against and the complainant, and the decision of the committee.
147:2 Effective Date. This act shall take effect upon its passage.
(Approved: June 17, 2003)
(Effective Date: June 17, 2003)