NH Law About ...: Judges: Read The Law About ...

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New Hampshire Constitution

New Hampshire Constitution. Part 1, art. 8. Accountability of Magistrates and Officers; Public’s Right to Know
New Hampshire Constitution. Part 1, art. 35. The Judiciary; Tenure of Office, etc.
New Hampshire Constitution. Part 2. Form of Government, Judiciary Power
New Hampshire Constitution. Part 2. Form of Government, Oaths and Subscriptions Exclusion from Offices, Etc.

New Hampshire Statutes

RSA 4. Powers of the Governor and Council in Certain Cases
See RSA 4:44, Hearing Prior to Confirmation of Judicial Appointment.
Revised Statutes Online. RSA 490. Supreme Court.
Revised Statutes Online. RSA 490-A. Unified Court System
Revised Statutes Online. RSA 490-D. Judicial Branch Family Division
Revised Statutes Online. RSA 490-F. Circuit Court
Revised Statutes Online. RSA 491. Superior Court
Revised Statutes Online. RSA 491-A. Judicial Salaries
Revised Statutes Online. RSA 492. Disqualification of Judges
Revised Statutes Online. RSA 493. Tenure of Judges
Revised Statutes Online. RSA 493-A. Retired Judges; Judicial Referees
Revised Statutes Online. RSA 494-A. Judicial Conduct Commission
Revised Statutes Online. RSA 519. Auditors, Referees, and Trials
See RSA 519:9 regarding the appointment of judicial referees.

New Hampshire Cases

Google Scholar. Grinnell v. State, 121 N.H. 823 (1981)
'The rationale behind our mandatory retirement provision is revealed in New Hampshire's constitutional history. The concept of separation of powers was absent from the 1776 New Hampshire Constitution. The government basically consisted of one branch, a bicameral legislature with a house of representatives and a smaller council of twelve.There was no separate judicial branch. The appointment of judges, with a seventy-year age cap, was instituted out of dissatisfaction with legislative abuses that resulted from a concentration of power in the legislative branch.'
Google Scholar. Petition of Thayer, 145 N.H. 177 (2000)
'[T]he discipline of judges, no less than the discipline of attorneys, is intended to be a way of “protect[ing] the public, maintain[ing] public confidence ..., preserv[ing] the integrity of the legal profession, and prevent[ing] similar conduct in the future[.]”'
Google Scholar. In re Petition of Governor, 151 N.H. 1 (2004)
'Subsequent to our decision in Mussman, Part II, Article 73–a was adopted, codifying the common law concept that the chief justice is the administrative head of the judiciary. As such, according to Article 73–a, the chief justice has the power and the duty to promulgate rules and regulations to ensure the proper operation of the judiciary. Article 73–a grants to the chief justice, as incident to that office, special and unique constitutional duties. While the chief justice's powers under Part II, Article 73–a are both administrative and legislative in nature, they are powers necessary to ensure effective and efficient judicial operation. The fact that the chief justice's powers under Article 73–a are not adjudicatory in nature does not transmogrify them into executive or legislative functions.'
Google Scholar. In re Coffey's Case, 157 N.H. 156 (2008)
'[I]n determining the sanction in judicial misconduct cases, we will consider: (1) "[t]he nature of the misconduct"; (2) "[t]he extent of the misconduct"; (3) "[t]he judge's culpability"; (4) "[t]he judge's conduct in response to the [JCC]'s inquiry and [the commencement of] disciplinary proceedings"; and (5) the judge's reputation and record on the bench.'
Google Scholar. George v. Al Hoyt & Sons, Inc., 162 N.H. 123 (2011)
'A trial judge is per se disqualified when he has pecuniary interests in the outcome, when he has become personally embroiled in criticism from a party before him, when he has heard evidence in secret at a prior proceeding, or when he is related to a party. The party claiming bias must show its existence or likelihood, or the appearance of bias such that the judge would be unable to achieve the balance between vindicating the interests of the court and the interests of a party. ... The mere fact that the trial court rendered adverse rulings against the plaintiffs does not serve as evidence of the judge's partiality.'

New Hampshire Court Rules

New Hampshire Court Administrative Orders & Bulletins

Financial Disclosure Statements

'[A] judge shall file a fully-completed New Hampshire Judicial Branch Financial Disclosure Statement on or before April 15 of each year, with respect to the preceding calendar year.' (See Supreme Court Rule 38, Canon 3, Rule 3.15 of the Code of Judicial Conduct.)

New Hampshire Supreme Court. Order. Financial Disclosure Statement. March 28, 2022
'This form shall be used by judges to fulfill the requirements of Rule 3.15 of the Code of Judicial Conduct (Supreme Court Rule 38).'

Judicial Referees

Judicial referees are appointed by the administrative judges of the superior and circuit courts to hear cases where there is no right to a jury trial. See RSA 519:9 for information about superior court referees and RSA 490-F:15 for information about circuit court referees. See also RSA 493-A:1-a.

New Hampshire Superior Court. Administrative Order 2020-01
An example of an order appointing a superior court judicial referee.
New Hampshire Circuit Court. Administrative Order 2020-06
An example of an order appointing a circuit court referee.

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