2000 SESSION

00-2838

04/09

HOUSE RESOLUTION 50

ANALYSIS

This house resolution authorizes and directs the house judiciary committee to investigate whether cause exists for the impeachment of David A. Brock, chief justice, and/or any other justice of the New Hampshire supreme court.

00-2838

04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand

Whereas, on March 31, 2000 the attorney general of the state of New Hampshire completed an investigation and issued a report entitled "In re: W. Stephen Thayer, III and Related Matters"; and

Whereas, said report issued by the attorney general contains information raising concerns about the conduct of David A. Brock, chief justice, and/or any other justices of the New Hampshire supreme court; 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 reported in the attorney general's report may be cause for the house of representatives to find that impeachment proceedings should be initiated against chief justice David A. Brock and/or any other justice of the New Hampshire supreme 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 investigation and report of the attorney general, and any information arising out of the judiciary committee investigation, for the house of representatives to exercise its constitutional power to impeach chief justice David A. Brock and/or any other justice of the New Hampshire supreme 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 may 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.