SUPERIOR COURT CHIEF Justice Walter L. Murphy has asked the Supreme Court to act quickly to amend Administrative Rule 12-9 so that marital masters can routinely hear matters involving unmarried couples. The Supreme Court, in a Dec. 27, 2000, opinion in the case of Cotter v. Wright, ruled that the Superior Court cannot "unilaterally amend its administrative rules" to broaden the jurisdiction of masters beyond "marital matters" as specified in the administrative rule.

Pending the amendment of the rule or a legislative change, masters are continuing to hear such cases through a "Rule of Reference" under RSA 519:9, Murphy said in a Jan. 3, 2001, memo to Superior Court justices, masters and clerks. In effect, martial masters must specifically be appointed by the court to hear each case involving an unmarried couple.

In a 4-0 decision (with former Superior Court Chief Justice Joseph P. Nadeau not participating), the Supreme Court said the Superior Court had erred in expanding jurisdiction to allow marital masters to hear "all matters relating to domestic relations over which the superior court has jurisdiction."

"An administrative order...is ineffective to amend a properly promulgated rule," the court wrote. "Because Rule 12-9 was not amended by [the Supreme Court], its original terms apply, which limit the authority of marital masters to 'marital matters'." Consequently, the court overturned the granting of a domestic violence petition for a restraining order filed in the Plymouth Family Division and granted by Superior Court marital master Larry Pletcher. In the ruling, the Supreme Court did urge the legislature "to consider expanding the role of marital masters hearing cases [in the family division] to encompass 'all family matters of a single family,' including domestic violence petitions, whether or not the parties are married."

Most of the marital masters' salaries are paid for by federal funds aimed at enforcing child support orders.

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