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Home » US Law » 2022 New Hampshire Revised Statutes » Title LI - Courts » Title 494-A - Judicial Conduct Commission

Section 494-A:1 – Judicial Conduct Commission Established.

    494-A:1 Judicial Conduct Commission Established. – A judicial conduct commission is hereby established which shall be completely independent of the New Hampshire court system and other branches of government. All complaints made against judges, as defined in RSA 494-A:2, IV, and clerks, as defined in RSA 494-A:2, I, shall be directed to the commission. […]

Section 494-A:10 – Duties; Proceedings.

    494-A:10 Duties; Proceedings. – I. The commission shall be responsible for addressing complaints concerning the conduct of judges and clerks in the courts of this state. The commission shall determine if a complaint constitutes conduct which violates the Code of Judicial Conduct. The commission shall adopt rules for its proceedings under this chapter. After […]

Section 494-A:11 – Procedures for Complaints; Public Availability.

    494-A:11 Procedures for Complaints; Public Availability. – The commission shall adopt rules of procedure to be followed in making its determinations which shall incorporate the following: I. When a complaint is received by the commission, the commission shall determine if the complaint alleges a violation of the Code of Judicial Conduct. If the commission […]

Section 494-A:11-a – Access to Information; Hearings on Confidential Cases.

    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 […]

Section 494-A:12 – Rules.

    494-A:12 Rules. – The commission shall have the authority to adopt rules, after public notice and hearing, necessary to perform the objectives of this chapter. The commission shall employ the rules used by the supreme court on the effective date of this chapter as interim rules, to the extent that they are not inconsistent […]

Section 494-A:14 – Appeals.

    494-A:14 Appeals. – An aggrieved party may appeal an order or decision of the commission to the supreme court, provided that such appeals shall be limited to consideration of matters of procedure and errors of law. Source. 2001, 267:3, eff. July 1, 2001.

Section 494-A:15 – Funding.

    494-A:15 Funding. – The commission shall prepare and administer its own budget, including funding for such items as staff, office space, and operating expenses. Funding shall be authorized by the legislature only from sources other than those appropriated for the judicial branch. Source. 2001, 267:3, eff. July 1, 2001.

Section 494-A:16 – Removal.

    494-A:16 Removal. – The chairperson, with the majority of the commission, may remove a member for cause, including unexcused absences or serious violations of a commission rule. Source. 2001, 267:3, eff. July 1, 2001.

Section 494-A:17 – Staff and Facilities.

    494-A:17 Staff and Facilities. – I. The executive director shall, with the approval of the commission, hire staff, which may include attorneys, investigators, and clerks, as may be necessary to carry out the duties of the commission. The executive director may contract for such temporary professional, administrative, and clerical services as deemed necessary by […]

Section 494-A:18 – Administrative Support.

    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, enterprise applications management, and property management. Upon request of the commission, the state library shall assist the commission in development and maintenance of […]

Section 494-A:19 – Legal Costs.

    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 […]

Section 494-A:2 – Definitions.

    494-A:2 Definitions. – In this chapter: I. " Clerk " means a clerk of court or a deputy clerk, a register of probate or deputy register, a court stenographer or reporter, and any person performing the duties of a clerk, register, or reporter. II. " Commission " means the judicial conduct commission established under […]

Section 494-A:3 – Executive Director; Appointment and Duties.

    494-A:3 Executive Director; Appointment and Duties. – I. The commission shall select and appoint an executive director as the administrator of the commission. The executive director shall be appointed by majority vote of the commission after 30 days public notice and a public hearing. The executive director shall hold office for a term of […]

Section 494-A:4 – Commission Membership.

    494-A:4 Commission Membership. – The commission shall consist of the following 11 members: I. Three judges, consisting of one judge or retired judge from each of the superior court, district court, and probate court, appointed by the chief justice of the supreme court with the concurrence of the majority of the supreme court members. […]

Section 494-A:5 – Terms of Office.

    494-A:5 Terms of Office. – I. The initial terms of office shall be staggered as follows: (a) For the members appointed under RSA 494-A:4, I, one member shall be appointed for 2 years, one member shall be appointed for 3 years, and one member shall be appointed for 4 years. (b) For the members […]

Section 494-A:6 – Vacancies.

    494-A:6 Vacancies. – I. A vacancy in the office of the commission occurs: (a) At the expiration of a member’s term. (b) When a member ceases to hold the office, by submitting his or her resignation to the commission, or for some other reason. (c) When a non-attorney or non-judge member becomes an attorney […]

Section 494-A:7 – Disqualification.

    494-A:7 Disqualification. – I. No member shall participate in any proceeding before the commission involving his or her conduct or in which he or she is a witness or is otherwise involved. II. No member shall participate in any proceeding in which his or her impartiality might reasonably be questioned. III. If a member […]

Section 494-A:8 – Numbers for Quorum and Action.

    494-A:8 Numbers for Quorum and Action. – Six members of the commission shall be a quorum. Six members shall be necessary to take routine action. A vote of 7 members shall be required to take or recommend any disciplinary action. Source. 2001, 267:3, eff. July 1, 2001.