HR 7 – AS INTRODUCED
2011 SESSION
09/01
HOUSE RESOLUTION 7
A RESOLUTION directing the house judiciary committee to investigate whether grounds exist to impeach marital master Phillip Cross and/or any justice of the New Hampshire superior court.
SPONSORS: Rep. Itse, Rock 9; Rep. Ingbretson, Graf 5; Rep. Baldasaro, Rock 3; Rep. Seidel, Hills 20
This bill directs the house judiciary committee to investigate whether grounds exist to impeach marital master Phillip Cross and/or any justice of the New Hampshire superior court.
11-0432
09/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
A RESOLUTION directing the house judiciary committee to investigate whether grounds exist to impeach marital master Phillip Cross and/or any justice of the New Hampshire superior court.
Whereas, during the 2010 Session of the house of representatives, the General Court of New Hampshire heard a bill of address, HA3, against marital master Phillip Cross for malpractice and maladministration of office; and
Whereas, during the public hearing on 2010, HA3, numerous instances of malpractice and maladministration were testified to, including but not limited to:
1. Holding what amounted to a criminal contempt hearing where David Johnson was incarcerated indefinitely until Judge Sadler eventually reduced the fine and acknowledged that the defendant did not have the means to pay even the reduced amount which had to be borrowed;
2. Altering court documents after they have been signed by one of the parties so as to create the impression that the party had agreed to the terms, thus defrauding the court;
3. Holding a court hearing for a purpose other than that for which it was noticed, thus denying the parties the opportunity to adequately prepare for the hearing;
4. Denying parties the opportunity to present evidence to clear themselves of wrong doing which will result in the denial of fundamental liberties; and
Whereas, under Part II, Article 38 of the New Hampshire constitution, a public officer may be removed by impeachment for bribery, corruption, malpractice or maladministration of office, or any combination thereof; and
Whereas, under Part II, Articles 17 and 38 of the New Hampshire constitution, impeachments are made by the house of representatives, and then heard and tried by the senate; and
Whereas, the conduct testified to in the public hearing of 2010, HA3 may be cause for the house of representatives to find that impeachment proceedings should be initiated against marital master Phillip Cross and/or any justice of the New Hampshire superior court; now, therefore, be it
Resolved by the House of Representatives:
That the house of representatives authorizes and directs the house judiciary committee, acting as a whole or by any subcommittee thereof appointed by the chairman for the purposes hereof and in accordance with the rules of the house and rules which may be adopted by the committee, to investigate whether grounds exist, based on the public hearing of 2010, HA3, and any information arising out of the judiciary committee investigation, for the house of representatives to exercise its constitutional power to impeach marital master Phillip Cross and/or any justice of the New Hampshire superior court; and
That the committee shall report to the house of representatives such resolutions, articles of impeachment, or other recommendations as it deems proper; and
That for the purposes of making such an investigation, the committee is authorized to compel by subpoena the attendance and giving of testimony by any person, and the committee is further authorized to compel the production of such things as it deems necessary. Such testimony shall be taken under oath, either in the form of interrogatory, deposition, or by oral testimony at a hearing. Counsel for the committee may be authorized to ask any or all questions on behalf of the committee. For purposes of this section, “things” includes, without limitation, books, records, correspondence, electronic mail, logs, journals, memoranda, papers, documents, writings, reproductions, recordings, tapes, transcripts, printouts, data compilations from which information can be obtained, tangible objects, and other things of any kind; and
That such authority of the committee may be exercised by the chairman or by the committee acting as a whole or by subcommittee. Subpoenas or interrogatories so authorized may be issued over the signature of the chairman or any member so designated by the chairman, and may be served by any person designated by the chairman.