The New Hampshire State Court Amendment
is on the November 6, 2012 ballot
in New Hampshire
as a legislatively-referred constitutional amendment
. The amendment would allow the legislature a concurrent power to "regulate the same matters by statute" and the statute would be considered above the court rule determined by the chief justice of the state supreme court. Therefore, the proposed amendment would limit the chief justice of the state supreme court's ability to be the administrative head of all the courts.
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.
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.