HR 7 – AS INTRODUCED
2015 SESSION
04/10
HOUSE RESOLUTION 7
A RESOLUTION directing the house of representatives to investigate whether grounds exist to impeach Judge Jacalyn Colburn for her decision in City of Nashua v, William M. Gardner, Secretary of State.
SPONSORS: Rep. Itse, Rock 10; Rep. Bates, Rock 7
This house resolution directs the house of representatives to investigate whether grounds exist to impeach judge Jacalyn Colburn for her decision granting a writ of mandamus against secretary of state William M. Gardner in City of Nashua v, William M. Gardner, Secretary of State.
15-0675
04/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fifteen
A RESOLUTION directing the house of representatives to investigate whether grounds exist to impeach Judge Jacalyn Colburn for her decision in City of Nashua v, William M. Gardner, Secretary of State.
Whereas, grounds may exist to impeach judge Jacalyn Colburn for her decision in City of Nashua v. William M. Gardner (case number 226-2014-CV-00542); and
Whereas, judge Jacalyn Colburn’s misinterpretation of RSA 49-B:5 resulted in a court order granting the city of Nashua’s petition for a writ of mandamus against secretary of state William M. Gardner; and
Whereas, the court order granting mandamus required Mr. Gardner to add the city of Nashua’s charter amendment question to the state election ballot for the 2014 general election; and
Whereas, judge Jacalyn Colburn’s misinterpretation of RSA 49-B:5 required Mr. Gardner to expend state funds that had not been appropriated to add the city’s charter amendment question to the state election ballot; and
Whereas, such court order violates Part II, Article 56 of the New Hampshire Constitution requiring that no moneys be issued out of the treasury of this state but by warrant under the hand of the governor; and
Whereas, such judge Jacalyn Colburn’s actions jeopardized the execution and sanctity of the state general elections; and
Whereas, the house of representatives, in the interests of preserving justice, must investigate whether grounds exist to impeach judge Jacalyn Colburn; now, therefore, be it
Resolved by the House of Representatives:
That the house of representatives shall investigate whether grounds exist to impeach judge Jacalyn Colburn; and
That a report detailing the results of such investigation shall be submitted no later than November 1, 2015 to the speaker of the house of representatives and the house clerk, with copies to the president of the senate, the senate clerk, and the administrative office of the courts.