New Hampshire Supreme Court Rule-Making Authority, Question 1 (2002)

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New Hampshire Question 1, also known as Relating to the Rule-Making Authority of the Supreme Court, was on the November 5, 2002 election ballot in New Hampshire as a legislatively-referred constitutional amendment, where it was defeated.

Although 63% of voters were in favor, the measure was defeated, since it takes a 2/3rds supermajority vote to pass constitutional amendments in New Hampshire.

  • Yes: 221,588 (63.1%)
  • No: 129,579 (36.9%) Defeatedd

Election results

Question 1 (2002)
ResultVotesPercentage
Approveda Yes 221,588 63.1%
No129,57936.9%

Text of measure

The language that appeared on the ballot:

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, have the power by rule to regulate the security and administration of, and the practice, procedure, and rules of evidence in, all courts in the state. The rules so adopted shall have the force and effect of law. The general court may also regulate these matters by statute provided that the general court shall have no authority to abridge the necessary adjudicatory functions for which the courts were created. In the event of a conflict between a statute and a rule, the statute shall supersede the rule, if not contrary to the provisions of the constitution.

This constitutional amendment concurrent resolution (CACR 5, 2002) provides that the supreme court may adopt rules that have the force and effect of law, and that the general court may also regulate these matters by statute provided that the general court shall have no authority to abridge the necessary adjudicatory functions for which the courts were created. The resolution also provides that in the event of a conflict between a statute and a rule, the statute shall supersede the rule, if not contrary to the provisions of the constitution.

(requires a 2/3 popular vote for passage)

See also

External links