Criminal Justice (Judges)

HB 1322 reestablishes a Judicial Conduct Commission to investigate complaints about judges and clerks (including court staff like clerks of court and registrars) and recommend to the legislature whether impeachment or removal actions are warranted. The commission will operate concurrently with the New Hampshire Supreme Court’s existing disciplinary authority, meaning it does not replace the court’s power to discipline judges but provides a structured process for handling complaints. Key provisions include defining "judge" and "clerk" broadly, establishing an executive director to manage operations, and ensuring recommendations align with constitutional separation of powers. This bill restores a mechanism for judicial accountability that was lost after the previous commission was repealed in 2024.

This bill proposes a constitutional amendment to establish legislative oversight of New Hampshire's judicial branch. It would create a commission (primarily composed of state legislators) with authority to investigate complaints against judges, hold hearings, recommend disciplinary actions (including censure, suspension, or removal), and publish annual performance reports. The measure directly affects judges and the judicial branch by shifting oversight from the current system (where the judiciary self-regulates, with impeachment as the sole remedy) to legislative authority. If approved by voters in the 2026 election, it would amend the state constitution to grant the general court this new power. The amendment requires a two-thirds majority vote in the election to take effect.

HB 1116 modifies two areas of New Hampshire law. It removes a judge's ability to refuse to testify in criminal cases when they have firsthand knowledge of relevant facts, after a court determines the testimony is material. The bill also requires courts to send written notice of small claims cases to defendants within 10 days of filing, by mail to their last known address, with a 30-day response window. These changes directly affect judges who might be subpoenaed for criminal testimony and defendants in small claims cases. The bill aims to improve transparency in criminal proceedings and streamline small claims litigation.