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Thursday, February 9, 2012

MOJO URGENT NOTICE New Legislation - Clarification? - Call/Write Reps. Now

The Public & Legislator's should ask some general questions to go with and/or add to the good intentions proposed in this bill for an Amendment to our New Hampshire Constitution:

1) We all want the courts to be administrated across the board in New Hampshire in the exact same manner, following the same rules, accepting all evidence from both sides and following the law; however, the Sponsors of this proposed bill assert, that the below will do that. However, it does not tell who would be doing this, if the Chief Justice is not.  This is a case of the devil you know versus the devil you don't.

2) Write your legislators and tell them to fill in the blanks/Amendment in its entirety! We want to know "who or what" will replace the Chief Justice to Administer the Courts? 

3) Anyone familiar with the Court Sytem in N.H. will agree  there is an excessive back log of cases that the Chief Justice needs to make sure moves through the systems, fairly, objectively and concisely. Lawyers are great lawyers when they relaize their limitations, when they do; they hire accountants, business mangers, financial advisors and expert wittnesses and other specialists as their case merits. 

The Point of this unfinished bill is to bring about needed change in the Judicial Branch in New Hampshire, to accomplish this we need to know:
  1. Who or What will replace the Chief Justice?
This branch of our government can not meet its budget because it does not take measures in its  administration to do so; such as;
  1. The rules varying from court to court;
  2. The cost for a photocopy ranges from .10 cents up to a $1.00+ a page;
  3. Bids are not being taking across the board for supplies, copies, or transcription services are limited;
  4. There are no prohibitive measures in their orders, for family court cases  and others as such they are overloading the courts dockets; 
For example, if a family court actually fined individuals who didn't follow court orders including parents, and/or DCYF staff it would:
  1. Help their budget
  2. Deter bad behavior
  3. Add vindication to the aggreived
  4. Essentially clear their dockets - making a more effective court system that the public could rely on and believe in.  
Write the State Rep's below and add your own suggestions and/or incoporate the ones above; WE WANT FULL DISCLOSURE ON WHAT THIS CHANGE WILL MEAN.

To Contact your State Representative click here: http://www.gencourt.state.nh.us/house/members/memberlookup.aspx-House Roster
To Confirm the full text below click here: http://www.gencourt.state.nh.us/legislation/2012/CACR0026.html-Bill Text

To see the full text click yes here:


CACR 26 – AS INTRODUCED
2012 SESSION
12-2423
06/09
CONSTITUTIONAL AMENDMENT
CONCURRENT RESOLUTION 26
RELATING TO: administration of the supreme court.
PROVIDING THAT: the article authorizing the chief justice of the supreme court to make rules governing the administration of all the courts of the state shall be repealed.
SPONSORS: Rep. Mirski, Graf 10; Rep. Sorg, Graf 3; Rep. Ingbretson, Graf 5; Rep. Winter, Merr 3; Rep. Balboni, Hills 21; Rep. Comerford, Rock 9; Rep. Lambert, Hills 27; Rep. Weyler, Rock 8; Rep. Brownrigg, Hills 27
COMMITTEE: Judiciary
ANALYSIS
This constitutional amendment concurrent resolution repeals the article that authorizes the chief justice of the supreme court to make rules governing the administration of the courts of the state.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12-2423
06/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
CONCURRENT RESOLUTION PROPOSING CONSTITUTIONAL AMENDMENT
RELATING TO: administration of the supreme court.
PROVIDING THAT: the article authorizing the chief justice of the supreme court to make rules governing the administration of all the courts of the state shall be repealed.
Be it Resolved by the House of Representatives, the Senate concurring, that the
Constitution of New Hampshire be amended as follows:
I. That article 73-a of the second part of the constitution, relative to authorizing the chief justice of the supreme court to make rules governing the administration of all the courts of the state, be repealed.
II. That the above amendment proposed to the constitution be submitted to the qualified voters of the state at the state general election to be held in November, 2012.
III. That the selectmen of all towns, cities, wards and places in the state are directed to insert in their warrants for the said 2012 election an article to the following effect: To decide whether the amendments of the constitution proposed by the 2012 session of the general court shall be approved.
IV. That the wording of the question put to the qualified voters shall be:
“Are you in favor of amending the second part of the constitution by repealing article 73-a, relative to authorizing the chief justice of the supreme court to make rules governing the administration of all the courts of the state.”
V. That the secretary of state shall print the question to be submitted on a separate ballot or on the same ballot with other constitutional questions. The ballot containing the question shall include 2 squares next to the question allowing the voter to vote “Yes” or “No.” If no cross is made in either of the squares, the ballot shall not be counted on the question. The outside of the ballot shall be the same as the regular official ballot except that the words “Questions Relating to Constitutional Amendments proposed by the 2012 General Court” shall be printed in bold type at the top of the ballot.
VI. That if the proposed amendment is approved by 2/3 of those voting on the amendment, it becomes effective when the governor proclaims its adoption.

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