New Hampshire State Court Amendment, CACR 26 (2012)
|State Court Amendment|
|Constitution:||New Hampshire Constitution|
The proposed amendment would have given the New Hampshire Legislature a concurrent power to regulate the administrative affairs of the state court by statute. Statute would override a court ruling determined by the chief justice of the New Hampshire Supreme Court in the event of a conflict. Therefore, the proposed amendment would have limited the chief justice of the state supreme court's ability to be the administrative head of the state court.
- See also: 2012 ballot measure election results
The following are official election results:
|New Hampshire CACR 26 (Question 2) (2012)|
Results via The New Hampshire Secretary of State
Text of the measure
The ballot language of the amendment reads as follows:
|“|| Are you in favor of amending article 73-a of the second part of the constitution to read as follows:
[Art.] 73-a. [Supreme Court, Administration.] The chief justice of the supreme court shall be the administrative head of all the courts. The chief justice shall, with the concurrence of a majority of the supreme court justices, make rules governing the administration of all courts in the state and the practice and procedure to be followed in all such courts. The rules so promulgated shall have the force and effect of law. The legislature shall have a concurrent power to regulate the same matters by statute. In the event of a conflict between a statute and a court rule, the statute, if not otherwise contrary to this constitution, shall prevail over the rule.
- State Representatives Paul Mirski, Steve Winter, George Lambert, Gregory Sorg, Michael Balboni, Ken Weyler, Paul Ingbretson, Timothy Comerford and Randy Brownrigg were sponsors of the bill.
- State Representatives James Aguiar, Susan Almy, Benjamin Baroody, Bernard Benn and Roger Berube voted against the measure during legislative session. Read about which other representatives voted against the measure here.
Path to the ballot
- See also: Amending the New Hampshire constitution
In order for the state legislature to place a proposed constitutional amendment on the statewide ballot, both chambers of the state legislature must approve doing so by a vote in each house of at least 60%. Once any such constitutional amendment is on the ballot, the state's voters must approve it by a 2/3 vote for it to pass.