New Hampshire Judicial Branch

Presentation to House Finance January 15, 2013

State of New Hampshire Judicial Branch Presentation to House Finance Committee January 15, 2013

TAB 1

Overview of Judicial Branch

TAB 2

Judicial Branch Org Chart

TAB 3

Alternate Dispute Resolution

TAB 4

Court Security

TAB 5

Facilities • Judicial Branch Facilities • January 2013 Facilities Needs Report

TAB 6

Judicial Positions

TAB 7

Judicial Branch Budget Graphs •

FY 2013 Adjusted Authorized Judicial Branch Budget in Relation to State Budget • Judicial Branch Budget FY 2013 Adjusted Authorized

TABS

Revenue • •

Unrestricted Restricted

TAB 9

97% Budget Reduction Materials

TAB 10

Judicial Branch Budget Request FY 2014-2015

Purposes of Courts 1.

To do individual justice in individual cases.

2.

To appear to do justice in individual cases.

3.

To provide a forum for the resolution of legal disputes.

4.

To protect against the arbitrary use of government power.

5.

To make a formal record of legal status.

6.

To deter criminal behavior.

7.

To rehabilitate persons convicted of crime.

8.

To separate persons convicted of serious offenses from society.

Sources of Law • Constitutions • Statutes • Case Law-trials and appeals • Common Law

• Administrative Rules and Regulations • Administrative Adjudications • Executive Orders • Local Ordinances

Constitutional Authority • Part 2, Article 72-0 of NH Constitution judicial power vested in supreme and superior courts and such lower courts as the legislature may establish • Part 2, Article 73-0 of NH Constitution chief justice of supreme court is the administrative head of all the courts

Statutory Authority • Supreme Court - RSAchapter 490 • Superior Court - RSAchapter 491 • Circuit Court - RSAchapter 490-F - District Division - RSAchapter 502-A - Probate Division - RSAchapter 547 - Family Division- RSAchapter 490-D

New' Hampshire Supreme~Court • Five Justices; 941 cases filed in 2012. • Hears appeals from all levels of court. • Has mandatory jurisdiction in most civil, criminal, and juvenile cases and discretionary jurisdiction in cases involving administrative agencies. • Issues advisory opinions for state executive and. legislative branches. • Receives certified questions of state law from federal court.

New Hampshire Supreme C,ourt Administrative Responsibilities • Chief justice administrative head of all courts (budget, education, personnel, etc.) • Appoints administrative judges and receives recommendations from administrative council • Appoints and oversees attorney discipline system (lawyer discipline)

New Hampshire Supreme: Court Administrative Responsibilities • Appoints and oversees judicial conduct committee (judge discipline) • Appoints advisory committee on rules, receives recommendations after public hearing, and promulgates rules • Appoints and oversees board of bar examiners and committee on character and fitness (admission to bar)

Superior Court •

Calendar

Year 2012 Filings:

15,047 cases; 24,763 charges

•

22 judges authorized by RSA491:1 - capped at 18 through 6/30/13; 8 senior active status judges per RSA493.A:1

•

Jury Trials

•

Personal Injury ($1,500 minimum)

•

Contracts ($1,500 minimum)

•

Real Property Rights ($1,500 minimum)

•

Other Civil ($1,500 minimum)

•

Marriage

•

Custody/Support

•

Felonies

•

De Novo Appeals from District Division (misdemeanor neglect; CHINS)

•

Domestic Violence

Dissolution (Cheshire County only) (Cheshire County only)

Petitions (concurrent

A; abuse &

with District & Family Div.)

Circuit Court • District Division (formerly District Court) • Probate Division (formerly Probate Court) • Family Division • 30 full-time judges; however, 39 full-time judges authorized by RSA490-F:7 - capped at 35 through 6/30/13 • 21 part-time judges; however, 28 part-time judges authorized by RSA490-F:7 • 4 senior active status judges per RSA493-A:1 • 6 Marital Masters

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Calendar Year 2012 Filings: 119,689 cases; 161,822 charges

•

44 judges and 4 senior active status judges certified to sit in district division in 32 court locations

•

Civil ($0-$1,500 exclusive; $1,500-$25,000 concurrent)

•

Contracts

•

Landlord/Tenant

•

Small Claims ($0-$7,500; mandatory mediation over $5,000)

•

Misdemeanors (Class A and Class B - presumption of B)

•

Violations and Traffic Offenses

•

Juvenile (abuse & neglect, CHINS, and JUV Delinquent) (Cheshire County only)

•

Domestic Violence (concurrent with Superior Court & FD)

n. · · ..oro.ba t~elVISlon P •

Calendar Year 2012 Filings: 9,245 cases

•

16 judges certified to sit in probate division

•

Adoption

•

Termination of Parental Rights (Cheshire County only)

•

Name Changes

•

Guardianships

of Incapacitated

•

Guardianships

of Minors (Cheshire County only)

•

Trusts

•

Wills

•

Estates

•

Involuntary

•

Atlachments

•

Equity

•

Petition to Partition

Admissions

Adults

~l De. e e F amlYIVlSlon •

Calendar Year 2012 Filings: 19,038 cases; 20,077 charges

• 39 tudges and 4 senior active status judges certified to sit in family division plus 6 marital masters in 26 locations • Operational in all counties except Cheshire • Marriage Dissolution (from Superior Court) •

Custody/Support (from Superior Court)

•

Domestic Violence Petitions (concurrent with Superior Court and District Division)

• Juvenile (from former District Courts) • Adoption (from former Probate Court) • Termination of Parental Rights (from former Probate Court) •

Guardianship of Minors (from former Probate Court)

•

Name Changes Related to the Above (from former Probate Court)

State of New Hampshire Judicial Branch January 2013

f New Hampshire Supreme Court Chief Justice Linda S. Dalianis

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24 full-time and 10 parl.time

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non-judicial positions

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Administrative Office of the Courts Donald D. Goodnow, Director

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~ , l 42 full-time and 6 part-time 1

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I Superior Court Chief Justice Tina L. Nadeau

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nonjudicial positions

5 full-time eso's and 142 per-diem eso's

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Circuit Court Edwin W. Keliy, Administrative Judge

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22 full-time judges; capped at 1B through 613fl113 121 full.time and 16 parf.time non-judicial positions

Hon. David D. King Deputy Administrative Judge

:

District Division

Family Division

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Probate Division

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Circuit Court 30 fuJI-time judges; 39 full-time judges authorized by RSA 490:F7 - capped at 35 through 6/30113 21 part-time judges; capped at 28 part-time through 6130113 289 full-time and 98 part-time non-judicial positions 6 full.time marital masters

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The State of New Hampshire Judicial Branch Office of Mediation & Arbitration Supreme Court Superior Court Circuit Court

MollyJ. Brown,Esq.

•

ADR Coordinator

Summary and Update on the Office of Mediation and Arbitration The following is a summary and update on the activ~ies of the New Hampshire Judicial Branch Office of Mediation and Arbitration. The New Hampshire Judicial Branch offers opportunities for altemative dispute resolution in ~s Supreme, Superior and Circuit Courts. The Judicial Branch's mediation programs are self.funded through a variety of sources such as surcharges on filing fees, rostering fees, administrative fees, and grants. A.

New Hampshire Supreme Court Appellate Mediation Program

Appellate mediation is a voluntary program which provides an opportunity for parties to try to resolve their dispute after an appeal has been filed, but before transcripts are ordered and before briefing occurs. The mediators in this program are retired judges who are compensated on a fixed fee, per case basis. Pursuant to a recent amendment to Supreme Court Rule 12.A, retired full time marital masters will be eligible to mediate appellate mediations beginning on March 1, 2013. The program is funded w~h a $200.00 per party fee to be paid to the Office of Mediation and Arbitration. Appellate mediators are paid $300.00 per mediated case and the remaining $100.00 goes toward operating expenses. This fee is not refundable to the parties. The Supreme Court may, in ~s discretion, order an individual $200.00 fee to apply to multiple pe@oners or respondents, if under the circumstances of the case, the Court determines that the per. party fee would cause undue hardship if ~ were applied to individual parties, or if one fee for multiple parties on the same side is deemed equ~ble by the Court. The Office of Mediation and Arb~ration works with the Supreme Court to schedule and administer these mediations. In 2012, 45 cases were referred by the Supreme Court to mediation. Of those 45, 7

cases sellled, 11 cases did not sellle, 14 cases cancelled mediation before it occurred, Trial Court Center, 45 Chenell Drive, Suite 2 Concord NH 03301 (603) 271-&118

2 cases settled at mediation but the settlement could not be finalized so the cases were retumed to the docket, and 11 cases are still in the midst of the mediation process. B.

New Hampshire Superior Court Alternative Dispute Resolution Programs 1.

Rule 170 Program

The Rule 170 program was launched on January 1, 2008. The program allows parties, rather than the courts, to select either volunteer or paid neutrals. Add~ionally. the type of ADR proceeding, (mediation, neu1ra1evaluation, or arbitration), the location of the ADR proceeding, and the timing of the proceeding are all decided by the parties and/or counsel. This gives more control of the ADR process to the users of the system and helps to streamline the procedures for the Superior Courts. In 2012, there were 73 volunteer and paid neutrals participating in this mandatory program statewide. Infonnation regarding our Rule 170 neutrals, along w~h their contact infonnation and the Court locations they are willing to work out of, is available on our Court website to ensure that users are able to choose a neutral appropriate for their case. 2.

Business Court Mediation Program

There is also a business court mediation roster within the Superior Court Rule 170 program that provides a mediation option in typically complex business cases. The program allows parties and counsel access to mediators wrth significant experience in the area of commercial business litigation. Parties and counsel who choose mediation

in cases filed in the business court will find that the mediators on this roster are well versed in complex business disputes and are well suited to facil~ate settlement discussions in these cases.

C.

New Hampshire Circuit Court Mediation Programs 1.

Family

Division

and

Superior

Court

Divorce

and

Parenting

Mediations

The goal of the Family Division/Superior Court family ADR program is to have mediators available for parties going through a divorce or who have parenting issues and to assist those parties in reaching their own agreements when possible. Agreements reached through mediation in an in~ial case help cut down on those cases that return to court because parties tend to better adhere to agreements they have created themselves. That, in tum, saves judicial resources. This program currently has 58 certified mediators on ~s roster who serve in courts all over the state. Parties either pay mediators $60.00 per hour (a rate set by the Court Rules) or they apply for assistance through the Court Familyllndigent Mediation Fund. There is also a federal grant currently available

to unrepresented,

indigent parties involved in parenting cases

throughout the state. Supreme Court 48-B provides a sliding scale for parties who elect Trial Court Center, 45 Chenell Drive, Su~e 2 Concord NH 03301 (603) 271-6418

10 conlinue mediation in cases which require more time Ihan the average 5 hours of medialion for a $300.00 flal fee per case. 2.

Family Division Voluntary Mediated Adoptions (VMA)

The goal of VMAs is 10 try to provide permanency for children whose slatus would otherwise be in limbo for an extended period of time. Permanency may be accomplished Ihrough a mediated settlement with the child's natural parent(s), prospective adoptive parenl(s) and/or Iheir proposed guardians. The program uses Ihe probale mediator roster (whose mediators are extensively trained 10 mediale VMA cases), although these cases are handled within the Family Division. The courts coordinate with DCYF staff and DCYF attorneys 10ensure thai all parties to the VMA are sensitive to the difficull issues of lermination of parental rights for families and 10 ensure that the besl oulcome for the child is reached in the medialed agreement. 3.

Probate Medialion Program

The Probate Medialion Program is a voluntary program available in Probate Court in all probale case types. The program continues to be a model for all of our Court ADR programs. During 2012, there were 11 medialors on the Probate rosier. The mediators on this roster have been extremely successful in settling difficull cases with complex legal and emotional issues. The program offers parties the opportunity to resolve their probate case before trial with the help of seasoned ADR professionals. The mediators in Ihis program handle every type of probate case type from will and trusl disputes 10 elder guardianships, to charitable Irust cases. 4.

District Court Medialion Programs a,

Small Claims Cases

The District Court offers mediation to those parties involved in small claims cases. The program, for cases under $5,000.00, provides mediation opportunities on a voluntary basis. Mediation is mandatory in cases between $5,001.00 and Ihe upper jurisdictional limit of $7,500.00 The program has two models: 1) mediation of small claims cases for cases where a hearing is scheduled the same day, and 2) mediation of small claims eases where mediation is scheduled ahead of the hearing date. Both models are successful and each court is using the model that best suits lis needs. The program helps provide docket relief for Ihe Dislrict Court in small claims cases. Medialors are paid $60.00 for medialing each case. Each ease generally only takes 45 minutes to an hour to mediale. This program is funded with a $5.00 surcharge on filing fees in Small Claims eases in District Court.

Trial Court Center, 45 Chenell Drive, Sulle 2 Concord NH 03301 (603) 271-6418

b.

Civil Writ Cases

District Court Civil Writ mediation provides for voluntary mediation in civil writ cases. It is an opt-out program where the parties are instructed to send back an opt-out form ~ they do not want mediation. These cases can be more complex than the small claims cases and are usually scheduled for a two or three hour block. Mediators in these cases are paid $175.00 per case. This program is funded with a $10.00 surcharge on filing fees in Civil Writ cases in District Court.

In sum, the focus of the New Hampshire Judicial Branch Office of Mediation and ArMration. consistent w~h ~s legislative mandate in RSA 490-E, is to: I. II. III. IV. V.

Guide the development of altemative dispute resolution programs; Promote altemative dispute resolution solutions; Serve as an alternative dispute resolution resource to courts; Support the administration of altemative dispute resolution programs in all courts; and Facilitate voluntary pre-su~ mediation or arbitration services, in accordance w~h rules adopted by the supreme court, as an option in cases which would otherwise be filed in the trial courts.

RSA 490-E:2. The Office of Mediation and Arbitration continues to work to bring effective and meaningful alternative dispute resolution services to those whom our Courts serve.

Prepared by: Molly J. Brown, ADR Coordinator Date: January 11, 2013

Trial Court Center, 45 Chenell Drive, Suite 2 Concord NH 03301 (603) 271-6418

COURT SECURITY The Sheriffs provide security at the eleven superior courts and in those other trial courts that are co-located with superior courts. Sheriffs' reimbursement rates are set by RSA 104:31, X. The Administrative Office of the Courts provides security in 29 circuit court sites and in the supreme court with compensation rates set by collective bargaining. In March 2005, a Supreme Court "Task Force on Court

Security" was established to conduct a statewide assessment of security needs in the state courts, including prisoner transport, courthouse safety and standards and training for security personnel. The goal was to ensure we are doing everything we can to provide for the safety of citizens, staff and judges who are in our buildings daily. We remain concerned about the same safety issues.

JUDICIAL BRANCH FACILITIES January 15, 2013 FY 2013 Appropriation $8.6 Million or 11.5% of the $75.2 Million Judicial Branch Appropriation.

42 Judicial Branch Facilities One Supreme Court 39 Trial Court Facilities ••. 30 Facilities House Multiple Trial Courts In FY 2014, a new multiple trial court facility will open in Keene and the existing superior-probate and district division facilities will close. ••. 9 State Alone Facilities One Trial Court Center One Administrative Office of the Courts 18 of the 42 Facilities are State-Owned 21 of the 42 Facilities are Leased 3 of the 42 Facilities are subject to Lease/Purchase Contracts

The Bureau of Court Facilities Manages Court Facilities 13 - Member Court Accreditation Commission (RSA 490:5-A) ••. Four are named in the statute; nine are appointed by the Governor, The Speaker of the House, The Senate President, and the Supreme Court. ••. Sets Facility Standards ••. Recommends facility and security improvements

DRAFT NEW HAMPSHIRE JUDICIAL BRANCH JUDICIAL BRANCH FACILITIES NEEDS January 2013 This list of Court Facilities Needs is presented in three sections. The first section lists major construction projects. those involving partial or possibly full building construction. The second section includes limited construction projects. The third section includes maintenance projects that concern safety, security. or general maintenance issues and tha~ individually and in the aggregate, will require significant state expenditures.

SECTION I: MAJOR CONSTRUCTION PROJECTS I. CHESHIRE SUPERIOR AND KEENE CIRCUIT COURT •

Combined capital budget funding in the amount of $400,000 was approved in 2006 for architectural services for this project and a proposed Concord facility.

•

The Bureau of Court Facilities issued an RFP for a multi-jurisdiction facility in Keene. The lease was approved by G&C. Construction began in November 2012. We will occupy the new facility in November or December 2013.

2. MERRIMACK SUPERIOR COURT •

Combined capital budget funding in the amount of $400,000 was approved in FY 2006 for architectural services for this project and the Keene Circuit Court and Cheshire Superior Court project.

•

The family division expanded into Merrimack County in September 2007 with the marital department moving into the new Concord Circuit Court building. A new Merrimack Superior Court facility would require four (4) courtrooms.

•

The current facility is poorly designed for security purposes. It does not have enough conference room space. Clerical space needs improvement and parking continues to be problematic.

•

A team from the Bureau of Court Facilities and the courts toured the Merrimack County facility in June 2012 and concluded the building would have to be gutted and renovated in order to render the space accessible to the handicapped and appropriate to court use. This work would include installation of a new roof, a new heating system, and a second elevator. Asbestos would have to be addressed.

The state needs a new facility dedicated to superior court operations in Merrimack County, at a cost of approximately $9 million.

3. CENTRALIZED ADMINISTRATIVE OFFICES Judicial Branch trial court administrative offices are located in leased space at 4S Chenell Drive. The Administrative Office of the Courts is located at Two Charles Doe Drive. Co. location of trial court administrative offices and Administrative Office of the Couns offices

would yield improved communications and cooperation in the administration of the Judicial Branch. Furthermore, the e-Court Project offers the opporttmity to consolidate additional trial court operations into central office space. Consolidation of those tasks would increase uniformity of processes and increase productivity. The Judicial Branch should seek office space that could house the trial court administrative offices, the circuit court call center operations, Administrative Office of the Courts operations, and additional centralized trial court operations. 4. MILFORD CIRCUIT COURT Note: The FY 2010-2011 Capital Budget request included a plan to construct a new Milford Circuit Court facility in 2014-2015. •

Section 144:58 ofHB 2, Laws of2009, created a study committee to consider

consolidation of operations in Milford, Claremont, and Colebrook into other facilities. The Legislative Study Committee recommends that the Milford Circuit Court facility not be closed or consolidated. •

The court moved from Amherst in June 2001 to a 5700 square foot site in Milford. We should plan for additional space to accommodate the anticipated caseload increase expected in this fast growing area of the state.

•

The plan is to construct a 12,000 square foot building that will house a courthouse of

approximately 8,400 square feet and a Division of Motor Vehicles and Emergency Medical Staff facility of approximately 3,600 square feet. The courthouse will have its

own entrances and will be secured separately from the DMVlEmergency Medical space. This plan is based on the report prepared by the architect that conducted a space and needs evaluation. 5. NEWPORT CIRCUIT, SULLIVAN SUPERIOR, AND CLAREMONT CIRCUIT COURT FACILITIES A former bank building was donated to the Town of Newport along with funding to

renovate it for use as the Newport Circuit Court. This facility is deficient in the following respects: • •

The clerk's office is cramped and crowded; and There are not enough courtrooms. Some family division hearings are conducted at the superior court site, also in town. The current superior court facility has the following deficiencies:

• •

Security: prisoners are transported through public lobbies and into courtrooms. Superior court judge's chambers are separated from the clerk's office by a public lobby.

The Claremont Circuit Court has absorbed family division operations. It has the following deficiencies: •

The office space is cramped. 2

)

•

Prisoners are transported by an elevator to the second floor. The elevator opens into the clerk's office area and is adjacent to the judge's chambers. During transports, security officers must be stationed in the clerk's office, outside judge's chambers to ensure security.

•

Thejudicial weighted caseload study shows a need for 1.2 judicial FrE's (.8 FTE for the family division and .4 FTE for the district division) but the facility has only one courtroom.

None of the three facilities is equipped with a sally port which would improve safety during prisoner transports. The Town of Newport has expressed interest in selling the circuit court facility to the state. One solution might be to renovate and add on to the existing Newport circuit court facility if an addition would provide sufficient space to accommodate operations from all courts in Claremont and Newport. Another solution would be to construct a multi-jurisdictional facility similar in concept to, but perhaps smaller than, the Ossipee facility. This solution could address all the deficiencies in all three facilities. 6. CONWAY CIRCUIT COURT )

A number of issues exist at the Conway facility including the proximity of the courtroom to the prisoner cell block, lack of space for the clerk's office, and the location of the security screening station. Court staff and Administrative Services staff will conduct a review of the facility and make a recommendation to the Court Accreditation Commission. 7. FRANKLIN CIRCUIT COURT Staffing and record storage needs exceed the capacity of the building. Storage is now extended into the rear hallway. The original construction provided two courtrooms and only one chamber. To address this shortcoming, the break room has been subdivided to provide one additional chamber for a master or referee. A capital appropriation is required for a 1400 square foot addition to the existing building. 8. HAMPTONIEXETER CIRCUIT COURT •

Exeter Circuit Court has been temporarily relocated to the Rockingham County Courthouse in Brentwood due to health issues at the Exeter location. Administrative Services secured a temporary site for the Hampton Circuit Court due to safety issues at the prior location.

•

Exeter Circuit Court operations continue successfully at the Brentwood facility. A stand alone Hampton Circuit Court facility would address the Hampton Circuit Court needs.

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A capital appropriation is required for a facility of approximately 8,000 square feet. The court would be similar in design to the Candia Circuit Courthouse and have two cowtrooms.

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JUDICIAL BRANCH FACILITIES NEEDS January 2013

SECTION

n: LIMITED CONSTRUCTION PROJECTS

1. SYSTEM.WIDE ADA RENOVATIONS ADA renovations are on going under a plan developed by the Governor's former Accessibility Specialist. Facility Escrow Fund laws were amended to increase revenue that will help offset costs associated with ADA renovations. We are finishing work to make leased court facilities accessible to the handicapped. The next project is to make state-owned facilities accessible.

2. SALEM CIRCUIT COURT •

The consultant hired to conduct the long-range facility plan should be charged with making a recommendation whether to continue leasing the existing site or to approach the Town of Salem about purchase of the courthouse. Comparisons to similar generic courthouses as to operational costs versus leasing should be considered as part of this review.

)

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JUDICIAL BRANCH FACILITIES NEEDS January 2013

SECTION III: MAINTENANCE PROJECTS The purpose of this section is to identify substantial maintenance projects that must be

completed at many state-owned facilities. These projects all affect safety, security, or larger general maintenance issues and they should be part of the annual Court Accreditation Commission plaooing process.

I. COOS CIRCUIT COURT The Coos courthouse needs to have significant repairs completed to the two "bullnose" decorative exterior details that go around the circumference of the building. This needs to be done to prevent water penetration into the building through the original caulking that was

applied. 2. LEBANON CIRCUIT COURT The Lebanon roof will be 15 years old in FY 15, but it is not in very good condition

today. (We are trying to detennine the nature of the roof warranty at this writing.) 3. CONCORD CIRCUIT COURT ROOF REPLACEMENT The roof is 21 years old and will need to be replaced dwing the next biennium. Repairs are currently needed to sections where shingles have lifted or leaks are present.

A capital budget request was submitted by DAS for FY12-13. 4. MANCHESTER CIRCUIT COURT Manchester Circuit Court experiences frequent power outages in the City of Manchester and is without generator backup. A generator needs to be installed to ensure that during the winter months the power is maintained to the building's heating systems to prevent the inside

temperatures from dropping below freezing. 5. CONCORD CIRCUIT COURT EXPANDING PARKING LOT The parking lot is too small to handle the daily activity of the third largest circuit court in the state. The plan is to add an additional 60 parking places.

A capital budget request has been pushed out to FY 16-17. 6. PORTSMOUTII CIRCUIT COURT: Replacement of Roof The roof is 22 years old and will have to be replaced soon. A capital budget request pushed out to FY 16-17.

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7. ROCHESTER CIRCUIT COURT REPLACEMENT OF AIR CONDITIONING UNITS The air conditioning units are 16 years old and will need to be replaced in the coming years. More frequent maintenance problems are expected in the coming years. A capital budget request was pushed out to FY 16-17.

8. ADMINISTRA nVE OFFICE OF THE COURTS MECHANICAL SERVICES IMPROVEMENTS The mechanical systems have not been operating efficiently for years with the exhaust unit actually shut down most oftbe year. The mechanical systems require alterations to provide control. comfo~and economical operations. 9. ROCHESTER CIRCUIT COURT - ROOF REPLACEMENT A capital budget request was submitted by DAS for FYI6-17. 10. PLYMOUTH CIRCUIT COURT ROOF REPLACEMENT The roof is approaching 20 years old and will need replacement in this timeframe. A capital budget request was submitted by DAS for FYl6-17. II. VARIOUS LOCA nONS - REPLACE CARPETS Department of Administrative Services will request funding from the Court Accreditation Commission to begin another round of carpet replacement projects at various courthouses in the spring of2013.

12. SUPREME COURT CUPOLA A capital appropriation is requested for reftnishing the Supreme Court cupola The cupola is in need cfre-gilding and painting with the condition deteriorating over the past several years. Additional louvers in the cupola along with attic ventilation should also be considered to aid in correcting ice damming.

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Judicial Positions Five judges serve on the New Hampshire Supreme Court. There are no vacancies. RSA 491: 1 authorizes 22 judges on the superior court but Chapter 224, Section 219, I, Laws of 2011 caps the superior court at 18 judges until July 1, 2013. There are currently 18 superior court judges and no vacancies. RSA 490-F:7 authorizes 39 full-time circuit court judges but Chapter 224, Section 219 caps the circuit court at 35 full-time judges until July 1,2013. There are currently 30 full-time. circuit court judges.

.

RSA 490-F:7 authorizes 28 part-time circuit court judges. There are currently 21 part-time judges.

Part Two Article 46 of the New Hampshire

Constitution

[Alt.) 46. [Nomination and Appoinbnent of Officers.) All judicial officers, the attomey general, and all officers of the navy, and general and field officers of the militia, shall be nominated and appointed by the govemor and council; and every such nomination shall be made at least three days prior to such appointment; and no appointment shall take place, unless a majority of the council agree thereto. CHAPTER 491 SUPERIOR COURT 491:1 Justices. - The superior court shall consist of a chief justice, appointed by the govemor and council to a 5-year term, and 21 associate justices. Said justices shall be appointed and commissioned as prescribed by the constitution and shall exercise the powers of the court unless otherwise provided. The chief justice shall be appointed from among the associate justices. In the event that the chief justice resigns as chief justice or is not reappointed at the expiration of the 5-year term, he or she may retum to the position of associate justice, whether

or not an associate justice vacancy then exists. CHAPTER 490.F CIRCUIT COURT 490.F:7 Circuit Court Judges; Number.I. Except as provided in paragraph II, the number of judges and masters in the circuil court shall not be less than the number of authorized judicial and master posilions in the former district court, probate court, and judicial branch family division, as well as any superior court judicial officer or marital master equivalent not yet transferred to the former judicial branch family division on the effective date of this chapter but necessary to complete the family division implementation as set forth in RSA 490-0. II. Upon the retirement, resignation, disability, or removal of a part-time justice or special justice of the former probate or district courts, the posilion shall be eliminated, unless wilhin 30 days of such retirement, resignation, disability, or removal the supreme court certifies in writing to the govemor that due to population, caseload, and available judicial resources, the posilion needs to be continued in the circuit court. III. Upon the completion of the current term of a marital master, the posilion shall be converted to a full-time judicial position, provided that the fiscal committee of the general court approves and further provided that sufficient funds have been appropriated for the salary and benefits of the full-time judicial position. Once converted to a full-time judicial vacancy, the governor may nominate and the council may confinn any qualified person pursuant to part 2,

article 46 of the New Hampshire constitution. IV. The supreme court, after reviewing population, caseload, judicial time, and

efficiency, available judicial resources, the needs of the circuij court, and other relevant criteria may request the governor and council to designate a sitting parttime judge as a full-time judge. The court may recommend certain judges; however, the governor and council shall not be bound by that recommendation. Upon designation, that judge shall become full-time. Prior to making ijs request, the supreme court shall receive the approval of the fiscal committee of the general court and there shall be funds in the court's budget specifically appropriated for the salary and benefits of an additional full-time circuij court judge.

224:219 Laws of 2011 21 g Judicial Appoinbnents; Number Limited; Vacancies. I. Except as provided in paragraph II, for the biennium ending June 30, 2013 the number of judges serving on the superior court shall not exceed 18 and the number of full-time judges serving on the circuit court shall not exceed 28. II. For the biennium ending June 30, 2013: (a) An existing marital master position may be converted to a judge position if such conversion can be made within the limits of the judicial branch operating budget and is approved by the fiscal committee of the general court. . (b) If a mamal master retires or resigns, the vacant marital master position shall be filled by a judge, if such position can be filled within the Iimijs of the judicial branch operating budget and is approved by the fiscal committee of the general court. The filling of a marital master posijion by a judge shall increase the authorized number of circuij court judges allowed under paragraph r for each position so filled.

FY 2013 Adjusted Authorized Judicial Branch Budget in Relation to State Budget All Funds

General Funds

Judicial Branch Budget FY 2013 Adjusted Authorized Total Budget:

$75,116,654

Judicial Salaries & Benefits 21%

Non-Judicial Salaries & Benefits 51%

Facilities 11%

Security

6%

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UNRESTRICTED COURT FINES AND FEES Title Motor Vehicle Fines RIS 403671

Entry Fees

Oeser! otlon Fines collected for motor vehicle offenses for which the defendant requested a trial or was required to appear. These fines are deposited into the Highway Fund.

Filing fees established by court rule actions filed in courts. Filing fees have been increased on 9/1/89, 11/26/91, 7/1/97, 8/1/01, 7/14/02, and 7/1107. All entry fees increased 20% effective 7/1/09. Fees for counterclaims were added 711109.

RIS 407310

Fines

Fines paid for criminal offenses described in Title LXII of the New Hampshire Revised Statutes Annotated.

RIS 407308

Default Fees

$50 penalty imposed by the courts for late payment of a fine, payment with a bad check, or

RlS 407311 - Collected by Courts RlS 402557 -collected b':

failure to appear in court when an appearance is required.

Other Fees

Fees set forth in the court rules for filing certain motions and petitions, and for obtaining certificates, copies, writs, records research. Records research fee increased 7/1/09. Filing fee surcharge of $20 added through RSA 490:24711103. The surcharge was repealed on 7/1/07 when the surcharge was added to the filing fees by court rule. A $25 surcharge was enacted under RSA 490:26-a effective 711107.

saf;~

RlS 407312

RIS 402477

$275 paid by those applying to take the New Hampshire Bar Exam, or seeking admission to the Bar through motion. This fee increased from $85 to $110 on 9/1/89. It increased to $140 on 1/15/02, to $200 on 11/1104, to $225 on 917105to $250 on 2/21106 and to $275 on 9/1108.

Interest

Interest eamed on depository accounts maintained

Bar Exam Fees

by

each

court.

1T1S405501

Bail Forfeiture (Non-Driving Offense) Rls 407309

Misc. Sales/Revenue

Bail may be forfeited when a defendant fails to appear in court for an offense that does not . involve driving. Bail forfeited on driving offenses is credited to a restricted revenue account wi1hin the Deoartment of Safety. Sale of oublications, unclaimed funds, recoveries, and other recelDts.

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RESTRICTED REVENUE Title

Description

Police Standards and Training Fund

66.66% of the penalty assessment collected is credited to this account pursuant to RSA 188F:31. The fund is administered by the Police Standards & Training Council, agency 087.

ACCT 402271

Facility Escrow Acel407344

Seven percent of each entry fee collected in the courts is deposited in this fund for court facility improvements to existing facilities by the Department of Administrative Services as recommended and approved by the Supreme Court. RSA 490:26-e

DRED/OHRV Fines

Fines for violations of RSA 215-A issued by a DR ED officer. Agency 035.

ACCT 405924

Victims Assistance Fund ACCT 402231

Court Modemization Fund ACCT 402224

Admin Fees -Discretionary Acer 407431

Default Bench Warrant Fund ACCT 402578

Court Publications Revolving Fund ACCT 402091

DRED Forests ACCT 402sn

16.67% of the penalty assessment collected is cred~ed to this account pursuant to RSA 188F:31. The fund is administered by the Department of Justice. Authority was repealed effective July 1, 1998. This had been funded by 3% of the penalty assessment on fines (see RSA 188-F:31) pursuant to Chapter Law 220:2, Laws of 1992. Since beino reoealed, receiots have been laosed to the oeneral fund at vear end. The fund was created pursuant to RSA 597:38-a. A $50 administrative processing fee is imposed whenever a party recognized to appear for any offense defaults. The fee is retained by the court. Pursuant to RSA 597:38-b whenever a party recognized to appear for any offense involving driving defaults and the recognizance is declared forfeited, the forfeited recognizance is paid into this fund known as the default bench warrant fund established in RSA 263:56-d to pay the costs of state, county and local law enforcement officials who make arrests pursuant to bench warrants issued for persons improperly at large for driving-related offenses and to pay the cost of breath analyzer machines. Department of Safely administers this fund. Authorized under RSA 490: 18-a, receipts and expenditures for probate legal notices are recorded in this fund. The revolving fund enables the probate courts to remit payment to the newspapers and take advantaQe of early payment discounts. Fines for violations of RSA 79, and RSA 216-227. Recorded as DRED, agency 035.

RESTRICTED REVENUE Paae 2 Title

Description

Law Library Revolving Fund

Created pursuanl to RSA 490:25, all receipls of the law library from sales, fines, donations, gifts find grants are deposiled inlo lhis fund. Funds may be used by lhe law library upon approval of he Supreme Court. IT Dedicated Fund Created under RSA 490:26-h the Judicial Branch Information Technology fund provides for lhe Ac:et 403639, 406457 mainlenance and infraslructure renewal of judicial branch informalion technology, including "ardware and software, as recommended by lhe Director of the Adminislralive Office of lhe ~ourts and approved by the Supreme Court. Fourteen percent of each enlry fee collected in he judicial branch and 16.67 percenl of the penalty assessmenl collected pursuant to RSA ) 88F:31 are deoosited into lhe fund. Medialion & Arbitration Fund _ Crealed under RSA 490-E, lhe Office of Medialion and Arbilralion and all of lhe medialion, Aoct 400115 Probate & Family OIv, 403172 rb~ralion, and neulral case evaluation programs offered through the court system are funded Dislrld Ct Mediation, 403718 Foreclosute Program, 403178 Rosteliog Fee, 403179 hrough surcharges on filing fees, user fees, rostering fees (see RSA 461-A:7, Xl, administralive User Fee, 406799 Mandatory small daim ees, and granls. mediation, 406867 Voluntary civil mediation, ACCT403S27

408112 APPellate mediation

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