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Bar News - January 9, 2004 Judicial Conduct Committee Seeks to Clarify Status THE FOLLOWING public statement was issued by the Judicial Conduct Committee in conjunction with its filing with the NH Supreme Court. The Judicial Conduct Committee [created by Supreme Court Rule 39(1)] has filed a petition with the NH Supreme Court asking for instructions with regard to the committee’s continuing authority to accept and review judicial conduct complaints. In 2001, the Legislature created a separate Judicial Conduct Commission, which performs essentially the same function as the committee. In the last session, a bill was passed stating that anyone filing a complaint against a judge must direct that complaint to the commission. That law [RSA 494-a:1] became effective on Jan. 1, 2004. Because of the apparent conflict and the uncertainty created for the members of both committees, the judiciary, and the general public, the committee has asked the court to clarify the status of the two organizations. In its petition, the committee has attempted to identify those issues that relate to the legal standing and authority of both committees. The petition then invites all parties who may have an interest in the resolution of this matter to participate by filing briefs for the court’s consideration. In this way, the committee hopes to establish a single process that will avoid duplication, conserve scare financial resources, protect the interests of the public, and guarantee the integrity of our judicial system. The committee will make no further public comment on this matter pending the outcome of its request for a determination of the issues raised.
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