Proposed commission would investigate complaints about New Hampshire judges

If enacted, the measure would establish a commission to investigate complaints about judges and court clerks and advise the legislature. The commission would review conduct by state court judges and clerks, including deputy clerks, that could relate to impeachment or address proceedings. Address is a process for removing an official from office. The commission could recommend legislative action but could not discipline judges or clerks. The New Hampshire Supreme Court would keep its own authority and procedures. The commission’s establishment and membership rules would take effect 60 days after passage; the rest of the measure would take effect January 1, 2027.

The commission would screen complaints, investigate those that qualify, and issue findings or recommendations. The process would cover complaints about judges and clerks that could support impeachment or address proceedings. A complaint must be filed within seven years of the act or the end of the trial or appeal involving it, whichever is later. A judge or clerk would have 21 days to respond in writing. After finding probable cause, the commission would hold a public hearing and make records available to the public. For confidential cases, it could close all or part of a hearing and release a summary. If a complaint alleges a crime, the chair would refer it to the attorney general, and the commission would pause its work during any criminal proceedings. The commission would decide whether probable cause exists within 90 days of its first meeting after receiving a complaint, unless it finds good cause for more time.

The measure would set the commission’s membership and allow it to hire staff and prepare a budget. The 11-member commission would include judges, a bar association appointee, public members, and two sitting legislators. It could hire staff and choose office space. The legislature would have to authorize funding, and it could come only from sources outside the judicial branch’s appropriations. The bill provides no funding; the fiscal note says state costs are indeterminable. The membership rules would take effect 60 days after passage. Other provisions, including the budget and staffing rules, would take effect January 1, 2027.