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Question 2 Defeated - Thanks to all for their efforts

Unofficial and incomplete vote totals show that the NO vote on Question 2 appears to have prevailed, 51 to 49 percent.

The measure did not get as closeto a 2/3 vote as in previous elections in 2002 and 2004, and the NH Bar Association wishes to thank all of the members and other supporters of the constitution for their advocacy on the issue.

Reminder to everyone who placed a sign. Please be sure to retrieve any signs that you placed. Please recycle or dispose of them.

The Bar Association provided information about sign availability, but the signs were actually made possible by the "Keep Politics Out of the Courts Political Committee," formed by Jack Crisp and John MacIntosh to finance the signs and some advertising.

This Committee still needs support to cover these costs, and a small donation from everyone who cared about defeating Q2 would be gratefully appreciated. Donations could be made in the form of checks payable to:

Keep Politics Out of the Courts Committee
John D. MacIntosh, Treasurer
24 Montgomery Street
Concord, NH 03301

To comport with the requirements of RSA 664:6, please include the following information:

· Full Name (including middle name or initial)
· Home Address

(for Generous Contributions of $100 or more, please also include:
· Occupation, including job title
· Name of employer
· City or Town of Principal Place of Business )

Thanks again for all your efforts!

Text of Question 2
Art.] 73-a. [Supreme Court, Administration.] The chief justice of the supreme court shall be the administrative head of all the courts. [He] The chief justice shall, with the concurrence of a majority of the supreme court justices, make rules governing the administration of all courts in the state and the practice and procedure to be followed in all such courts. The rules so promulgated shall have the force and effect of law. The legislature shall have a concurrent power to regulate the same matters by statute. In the event of a conflict between a statute and a court rule, the statute, if not otherwise contrary to this constitution, shall prevail over the rule.

Italics and bold indicates amended language.

Judge, former N.H. governor warn against ballot Question 2
Foster's Daily Democrat, October 22, 2012

Going Thru...Question Two
The Exchange on NHPR, October 15, 2012

Voters to decide 2 amendments
Union Leader, October 11, 2012

Supreme Court Justices Offer Amendment Compromise
Union Leader, May 3, 2012
Supporters say...
Opponents say...
...the current language is "confusing" because "some interpret it to give the judicial branch lawmaking authority" because the rules enacted by the court have the force and effect of law.

...the Legislature should be given greater authority over the courts so that it can provide more effective oversight of the Judicial Branch.

... adding this language to the Constitution will allow the Legislature to address problems, particularly in family law cases, that it has identified.
Opinion from Supporters
Yes on Question 2 - It is the People's Court
Union Leader, October 13, 2012

CACR 26 Restores Legislative Oversight of Courts
Letter by Rep. Paul Mirski

Amendment Does Not Threaten 'Decisional' Independence
Letter by Eugene M. Van Loan, III

...the amendment will alter the relationship between the branches of government, tipping the balance in favor of the legislature.

... giving the legislature the power to override the courts in the creation of its rules will not address problems of alleged error or unfavorable outcomes in individual cases.

...the changes in language will NOT reduce friction and may introduce additional areas of conflict between the branches.

Opinion from Opponents
Voter Guide One-Sided
By Larry Vogelman

Separation of Powers is Fundamental
By Kristin Ross, Grafton County Bar Association President; signed also by Jason Crance and Barney Brannen

Question 2 Erodes Separation of Powers
By Hon. Edwin Kelly, Hon. Tina Nadeau and former House Speaker Douglas Scamman

The "Voters Guide" on Question 2 is Misleading
By Former Supreme Court Justice Joseph Nadeau and Former Governor Stephen Merrill

CACR 26: We need to keep those ‘Checks and Balances’
The New Hampshire Labor News, October 15, 2012

Why I Will Vote No on Question 2
By James E. Duggan

Amendments to Think Hard About
By Marjorie Smith (letter to editor)
Foster's, October 10, 2012

Question 2 Won't Serve the People
By Gov. Stephen Merrill and Supreme Court Justice (retired) Joseph P. Nadeau

The Legislature Should Not Run the Courts
Bar News, September 14, 2012

Supreme Court Rule 42(9) requires all NH admitted attorneys to notify the Bar Association of any address change, home or office.

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