hb 0643

CHAPTER 240

HB 643-FN – FINAL VERSION

AN ACT relative to the family division of the courts, reducing the number of superior court justices, and relative to marital masters.

SPONSORS: Rep. Weyler, Rock 79; Rep. Wallner, Merr 40; Rep. Hager, Merr 40; Rep. J. Pratt, Ches 24; Rep. Boyce, Belk 31; Sen. Boyce, Dist 4; Sen. Prescott, Dist 23; Sen. Sapareto, Dist 19

This bill makes the family division of the courts currently operating as a pilot program in Grafton and Rockingham counties a permanent component of the judicial branch. The bill requires the family division study committee appointed by the supreme court to make recommendations for the expansion of the family division statewide and for changes in the operation of the family division in Rockingham and Grafton counties.

This bill also requires marital masters to be recommended by the superior court and appointed by the governor and council and establishes certain qualifications and requirements for marital masters.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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 family division of the courts, reducing the number of superior court justices, and relative to marital masters.

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

240:1 Intent. It is the intent of the general court that a family division of the courts be implemented statewide in a manner which most expeditiously achieves the goal of providing enhanced services to parties involved in cases relating to divorce, custody, children, domestic violence, and other family law matters. The general court finds that this area of law requires the skills and attention of experienced and committed individuals who are dedicated to serving families and to the appropriate, timely resolution of family law cases in a manner which best services the public interest. The goals of the family division are the respectful treatment of all citizens by justices, marital masters and other family division staff, the prompt and fair resolution of family issues by justices and marital masters specially selected and trained to deal effectively with such issues, the use of alternative dispute resolution to reduce the adversarial nature of proceedings involving families, and the assignment of all family matters of a single family to one family division justice or marital master located in a family division that is geographically accessible to the family.

240:2 New Subdivision; Family Division Established. Amend RSA 490 by inserting after section 32 the following new subdivision:

490:33 Family Division. The family division of the courts shall become a permanent component of the judicial branch on the effective date of this subdivision.

490:34 Jurisdiction. Notwithstanding any law to the contrary, jurisdiction over the following matters in Rockingham and Grafton counties and in such other counties as the family division is made operational by order of the supreme court may be exercised exclusively through the family division as may be ordered by the supreme court:

I. Petitions and libels of divorce, and petitions of nullity of marriage, alimony, custody of children, support, and to establish paternity.

VI. Actions under RSA 173-B, relating to protection of persons from domestic violence except for concurrent jurisdiction with the superior and district courts to enter temporary protective orders under RSA 173-B:4.

X. The change of names of persons who apply therefor in matters relating to jurisdiction in paragraphs I-IX.

490:35 Equity. Notwithstanding any law to the contrary, the family divisions in Grafton county and Rockingham county and in such other counties as the family division is made operational by order of the supreme court shall have the powers of courts of equity in cases where subject matter jurisdiction lies with the family division. Suits in equity where subject matter jurisdiction lies with the family division including, but not limited to, petitions and libels of divorce, and petition of nullity of marriage, alimony, custody of children, support, and other similar proceedings may be heard upon oral testimony or depositions, or both, or when both parties consent, or service having been made and a notice of the time and place of the hearing having been given, when both parties appear. Such suits may be heard by any justice of the family division at any time, but nothing contained in this section shall be construed as limiting the power of the family division to have issues of fact framed and tried by a jury, according to the rules in equity, or the course of such proceedings at common law.

240:3 Family Division Study Committee. The family division study committee appointed by the supreme court shall make recommendations for the expansion of the family division of the courts statewide and for changes in the operation of the family division in Rockingham and Grafton counties. In developing its recommendations, the committee shall consider the recommendations in the Report of the Resolution of Family Issues in the Courts Study Committee, dated January 15, 1995. The committee shall also consider any more recent studies and reports on the family division, including recommendations made by any commission established to study the operations of the family division in Grafton county. The committee shall report its findings and recommendations to the speaker of the house of representatives, the senate president, the house clerk, the senate clerk, the governor, the chief justice of the supreme court, and the state library on or before December 1, 2004. Such report shall include a detailed statewide plan for the proposed implementation of the family division, including restructuring of the court system as necessary to accomplish this purpose, and recommendations for legislation.

491:1 Justices. The superior court shall consist of a chief justice, appointed by the governor and council to a 5-year term, and [28] 21 associate justices. Said justices shall be appointed and commissioned as prescribed by the constitution and shall exercise the powers of the court unless otherwise provided.

240:5 Applicability; Contingency. Any superior court justice appointed prior to July 1, 2004 shall retain his or her position until resignation, retirement, or removal pursuant to the New Hampshire constitution. As vacancies occur in superior court justice positions, the vacancies shall remain unfilled until the number of superior court justices is reduced to 22. Section 4 of this act shall take effect on the date on which the number of superior court justices is reduced from 23 to 22.

240:6 Savings Realized From Unfilled Superior Court Justice Vacancies. Any savings realized from unfilled superior court justice vacancies in the superior court shall be used by the judicial branch toward the goal of providing enhanced services to parties involved in cases relating to divorce, custody, children, domestic violence, and other family matters.

240:7 New Subdivision; Marital Masters; Recommendations, Appointments and Procedures. Amend RSA 491 by inserting after section 20 the following new subdivision:

I. The chief justice of the superior court shall recommend persons to the governor and council for initial appointment as marital masters. In recommending candidates for initial appointment as marital masters under this subdivision, the court shall utilize the procedures and standards described in superior court rules in effect as of July 1, 2004, except as otherwise provided in this subdivision.

II. For appointments of new marital masters, the chief justice of the superior court shall submit to the governor the name of a nominee. The governor may accept the candidate nominated by the chief justice and submit the candidate to the council for confirmation or may reject the candidate submitted by the chief justice, and request a new nominee. If the council rejects a candidate for confirmation, the governor shall request a new nominee.

III. Marital masters shall serve an initial term of 3 years. Subsequent reappointments shall be made in accordance with superior court rules. During appointment terms, the authority and responsibility to conduct annual performance reviews, and termination, if necessary, shall be with the chief justice of the superior court.

(1) Knowledge of family matters, including related matters such as tax and pension law;

(2) Personal maturity so as to understand and make decisions on matters before the court; and

(3) Personal qualities of patience and understanding of the difficult personal matters which are the subject of divorce and a willingness to deal with complex family matters in a non-adversarial manner.

II. Each marital master shall complete a course in court process and procedures and mediation and negotiation.

491:20-c Orders of Martial Masters. All orders of martial masters shall be signed by a judge.

240:8 Applicability. Any marital master serving on the effective date of this act shall not be subject to the provisions of section 7 of this act.

II. Section 4 of this act shall take effect as provided in section 5 of this act.

II. Section 4 shall take effect as provided in section 5.

III. Sections 7 and 8 shall take effect July 1, 2004.

IV. Remainder shall take effect July 1, 2005.)