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Bar News - March 21, 2003 NHBA Takes Positions on Legislative Issues OVER THE PAST few months, the NHBA Legislation Committee has met regularly to sift through a mountain of introduced legislation, considering whether proposals were of broad interest to the membership and weighing whether advocacy on particular issues meets the standard enumerated for the unified Bar in the Chapman and other decisions. The Legislation Committee’s recommendations were then reviewed by the NHBA Board of Governors, which decided on official advocacy positions on a select group of bills relevant to the Bar and the court system, and within the limits governing positions taken by a unified Bar. Oppose: HB 122 – "An act relative to an informed jury" – in other words, allows jury "nullification" instructions in criminal cases. Support: HB 130 – Creates a judicial nominating commission. Oppose: HB 175 – Prohibits membership in any bar association as a condition for practicing law or for appointment to certain positions. This bill may be amended. Support: HB 360-FN – Appropriates funding for a staffing an office of NH Legal Assistance in Nashua. Oppose: HB 416 – An act requiring "reciprocal discovery" in criminal cases. The BOG believes that the bill is unconstitutional. Oppose: HB 422 – This bill would change the method of selection of replacement judges for the Supreme Court when sitting justices are disqualified. The proposed method would exclude retired Supreme Court justices and would draw justices from the superior, district and probate courts in a random manner that is considered administratively unworkable. Support: HB 643-FN – Calls for the statewide expansion of the Family Division. (See article on this bill on page 23.)Oppose: CACR 5 - A constitutional amendment regarding the rule-making authority of the Supreme Court, giving supremacy to statutes when they overlap with court rules. The proposed language is almost identical to the amendment presented to the voters last fall that failed to garner a two-thirds majority vote for approval. At press time, the House Judiciary Committee voted to defer further consideration of the measure until the next session. The measure could not be sent to the voters until the next general election, in the fall of 2004, at the earliest.On a number of other bills, the Board of Governors authorized the Bar’s legislative representative, attorney John MacIntosh, to provide information to legislators regarding the anticipated ramifications of the legislation on the legal system, but without advocating a position for or against the measure. Visit Publications/Legislative Information for a list of the legislation tracked by the Bar’s Legislation Committee. Also, see page 22 for an update on the judicial branch’s budget proposal now before the Legislature.
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