HB 281 – AS INTRODUCED

2013 SESSION

13-0450

09/10

HOUSE BILL 281

AN ACT permitting retired judges over the age of 70 to serve the courts under certain circumstances.

SPONSORS: Rep. Walz, Merr 23; Rep. G. Richardson, Merr 10

COMMITTEE: Judiciary

ANALYSIS

This bill permits retired judges over the age of 70 to serve the courts under certain circumstances.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

13-0450

09/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Thirteen

AN ACT permitting retired judges over the age of 70 to serve the courts under certain circumstances.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Retired Justices Over 70. Amend RSA 493-A:1-c to read as follows:

493-A:1-c Retired Justices Over 70 Years of Age. No justice who has reached the mandatory retirement age of 70 years shall serve as a judge in any judicial capacity, except as a judicial referee pursuant to this chapter or under circumstances where such service is consistent with the New Hampshire constitution.

2 Retired Circuit Court Judges. Amend RSA 490-F:8, I to read as follows:

490-F:8 Circuit Court Judges; Retired Judges.

I. Nothing in this chapter shall limit the ability of retired judges under 70 years of age of the former district and probate courts or of the circuit court to elect senior active status or of such retired judges 70 years of age and older to serve as judicial referees or as otherwise permitted pursuant to RSA 493-A.

II. Judges who have elected senior active status, are eligible to elect senior active status, or are eligible to serve as judicial referees on the effective date of this chapter shall maintain such eligibility.

III. The assignment and certification provisions of this chapter shall apply to senior active judges and retired judges acting as judicial referees or as otherwise permitted under RSA 493-A.

3 Effective Date. This act shall take effect January 1, 2014.