©2021, Hearst Television Inc. on behalf of WMUR-TV. Outgoing House Speaker Steve Shurtleff, a Democrat, welcomed the court's opinion, calling it "a victory for common sense and safety for staff and members of the General Court and for all Granite Staters, which has been our priority since the beginning of this pandemic. This page provides information about Court Dockets and Calendars resources in New Hampshire. CONCORD, N.H. – Attorney General Gordon MacDonald is the state’s new Chief Justice of the New Hampshire Supreme Court. They wrote that several provisions of the state constitution require the Legislature to “assemble,” which, they argued, means members must be gathered in one place.“Article 20 requires that House members be ‘present’ clearly in reference to their physical attendance in the publicly observable and specified House chamber during session,” Hoell and Manuse argued. Cases are browsable by date and searchable by docket number, case title, and full text. A state Supreme Court ruling Friday means that a list of about 275 officers in New Hampshire who have committed wrongdoing can remain secret. But in 2018, he […] The court issued its opinion after hearing oral arguments on both sides of the question Oct. 29. E-filing by attorneys is mandatory in cases initiated in the Supreme Court on or after August 6, 2018, but The Superior Court will be implementing e-filing for Superior Court civil cases in the fall. Please note that the schedules are posted about a month in advance and represent preliminary schedules that are subject to last minute change. These cases concern the legality of approvals by the U.S. Department of Health and Human Services of Section 1115 Medicaid work experiments in Arkansas and New Hampshire. NHBA CLE vs NH Supreme Court NHMCLE – Know the Difference. The Supreme Court has jurisdiction to review appeals from the State trial courts and from many State administrative agencies. Electronic filing (e-filing) in the NH Supreme Court has arrived. Sign up for daily emails with local updates and other important news. The Vermont Supreme Court started the new year by ruling against convicted Essex County sex offender Frank Fellows. Welcome to FindLaw's searchable database of Supreme Court of New Hampshire decisions since January 1997. He has not yet described how he plans to have the House meet until conditions at the State House are determined to be safe. Id. There has been a continuing debate, generally divided along partisan lines, on whether the House should meet in person – and at the State House – when it begins its 2021-2022 legislative session in earnest in January. In a move that surprised many, the U.S. Supreme Court announced in December that it will hear appeals from the Trump administration in Azar v. Gresham and Azar v. Philbrick. They wrote that several provisions of the state constitution require the Legislature to “assemble,” which, they argued, means members must be gathered in one place. "We are seeing a sharp rise in the number of cases in New Hampshire and safety needs to continue be the top priority," Shurtleff said. The state Supreme Court in a 4-0 opinion Tuesday said it is not unconstitutional for the 400-member New Hampshire House to hold sessions remotely as long as a quorum can be confirmed electronically. "I am pleased the court has opened this avenue for the House to continue its business.”. Again. The United States should not be charged fees under this schedule, except as noted. A lawsuit with implications in Vermont and New Hampshire is headed to the U.S. Supreme Court. Members need to access ART to read their online NHMCLE record and attest to the new online Affidavit of Compliance in ART. Links are grouped by those that cover courts statewide, for multiple counties, and then by individual county. The Court encouraged an independent review of the potentially exculpatory materials by the prosecutor, emphasizing that it is the prosecutor's duty to make these assessments and that the revisions to RSA 105: 13-b provided a mechanism for this review and disclosure. “Based on this obligation, this office directed the creation of the so-called Laurie List in response to the New Hampshire Supreme Court’s 1995 decision in State v. Laurie," he said. Oral Argument Calendars are in Adobe Acrobat format (to download a free copy of Adobe Acrobat Reader, go to http://www.adobe.com). It appealed superior court orders dismissing its claim that the regulations violate the … In the 11-page opinion, the four justices (there is one vacant seat) considered what constitutes a quorum under Part II, Article 20 of the New Hampshire Constitution, which says that a majority of the House members “shall be a quorum for doing business. “The resolution of this case thus has far-reaching implications as to which states will … New Hampshire officially filed a lawsuit in the U.S. Supreme Court against Massachusetts Monday, seeking to stop the state from collecting income tax from New Hampshire residents working from home. The board, like a court, can overrule or remand a local board’s decision and then either side could appeal the board’s decision, just as in Superior Court, to the state Supreme Court. Former New Hampshire Supreme Court Justice John Broderick recalls working on the Biden campaign in 1986 with now U.S. District Court Judge Steve McAuliffe. The court wrote, “We conclude that holding a House session remotely, either wholly or in part, whereby a quorum could be determined electronically, would not violate” the constitution. 22o154, original in the supreme court of the united states state of new hampshire, plaintiff, v. commonwealth of massachusetts, defendant. CONCORD — Three months after the New Hampshire Supreme Court delivered a transformative ruling over government personnel practices, including police … We also maintain an archive of Opinion Summaries from September 2000 to the Present. The court's opinion cleared the way constitutionally for the House to hold remote sessions, but said it is up to the House to make its own determination on whether to do so. Plaintiff Genworth Life Insurance Company challenged amended regulations promulgated by the New Hampshire Department of Insurance (Department) retroactively limiting rate increases for long-term care insurance (LTCI) policies. Attorney Paul Twomey, writing on behalf of state Rep. Renny Cushing and former state Rep. Mindi Messmer, who are both Democrats, argued that the state constitution authorizes the Legislature to ensure “the continuity of government” in emergencies.Twomey wrote that the requirement of a quorum “was not connected in any way to mere corporeal presence of members in a room, which advances no values in and of itself. The court answered a question posed by the House in September to address a debate that had been precipitated by the COVID-19 pandemic. >> READ the court opinion here.There has been a continuing debate, generally divided along partisan lines, on whether the House should meet in person – and at the State House – when it begins its 2021-2022 legislative session in earnest in January. E-filing will be mandatory for attorneys who are filing cases on or after the implementation date. Skip to Main ... An updated schedule is generally posted the day before oral argument which reflects changes made since the schedule was originally posted. Along with Iowa, Connecticut and Hawaii, New Jersey submitted an amicus brief to the Supreme Court on Tuesday, asking it to hear the case brought in October by New Hampshire against Massachusetts, one of the seven US states currently taxing people based on the location of their office. A member meeting electronically can fully take part in observing, debating and voting -- all of the key legislative functions advanced by quorum requirements.”Former Republican Reps. J.R. Hoell and Andrew Manuse wrote that remote meetings would not meet the constitutional requirements for a quorum. The 'Attorney Reporting Tool' or 'ART' was designed for New Hampshire lawyers to use to comply with NH Supreme Court Rule 53 - NHMCLE. FindLaw offers a free RSS feed for this court. In the 11-page opinion, the four justices (there is one vacant seat) considered what constitutes a quorum under Part II, Article 20 of the New Hampshire Constitution, which says that a majority of the House members “shall be a quorum for doing business. Circuit Court District Division Mediation. Twomey wrote that the requirement of a quorum “was not connected in any way to mere corporeal presence of members in a room, which advances no values in and of itself. The state Supreme Court in a 4-0 opinion Tuesday said it is not unconstitutional for the 400-member New Hampshire House to hold sessions remotely as long as a quorum can be confirmed electronically.>> Download the FREE WMUR appThe court answered a question posed by the House in September to address a debate that had been precipitated by the COVID-19 pandemic. A member meeting electronically can fully take part in observing, debating and voting -- all of the key legislative functions advanced by quorum requirements.”. To register to vote in New Hampshire, each applicant must be a citizen of the United States, an inhabitant of New Hampshire, and at least 18 years old by the next election. The New Hampshire Bar Association ensures that all NH attorneys meet and maintain their technical skill and stay up-to-date with current legal changes through our Continuing Legal Education (CLE) program. Supreme Court of New Hampshire Cases. Earlier this year, the House held three sessions at the UNH Whittemore Center. “The New Hampshire Constitution clearly provides and intends that House members are expected to be physically located in a common room, which can be observed by the public from the gallery.”. on motion for leave to file a bill of complaint amicus curiae brief for states of new jersey, connecticut, hawaii, and iowa in support of plaintiff New York Court Dockets and Calendars. New Hampshire House Republicans plan return to in-person committee work, legislating at State House. State Supreme Court advises NH House that remote sessions are constitutional. The New Hampshire Supreme Court ruled last week that a man convicted of possession of psilocybin mushrooms was wrongfully tried because his use of the psychedelic was part of his religious practices. The Court’s opinion comes after oral arguments in Sept. on a public records case for the release of the list originally filed in 2018 by the New Hampshire Center for Public Interest Journalism, Telegraph of Nashua, Union Leader Corporation, Newspapers of New England, Inc., through its New Hampshire properties, Seacoast Newspapers, Inc., Keene Publishing Corporation, and The … at 781. “Article 20 requires that House members be ‘present’ clearly in reference to their physical attendance in the publicly observable and specified House chamber during session,” Hoell and Manuse argued. The court issued its opinion after hearing oral arguments on both sides of the question Oct. 29. But when less than two-thirds of the Representatives elected shall be present, the assent of two thirds of those members shall be necessary to render their acts and proceedings valid.”, The justices explained that the state constitution, like the U.S. Constitution, does not detail a specific method for determining the meaning of “present” – and it is up to the House itself to adopt its own rules and determine what it views as “the presence of a quorum.”. The state Supreme Court in a 4-0 opinion Tuesday said it is not unconstitutional for the 400-member New Hampshire House to hold sessions remotely as long as a quorum can be confirmed electronically. "Rather, the requirement of sufficient presence of members serves to ensure that a majority hear debate, can speak and vote. In a statement, Maine Attorney General Aaron Frey says that if the Supreme Court takes up the case, “we will vigorously defend Maine’s program that ensures a free public education is available to all Maine children. Court, in 4-0 opinion, says lawmakers can set their own rules defining ‘presence’ of a quorum. Hinch said this week he wants the House to return to as much in-person work as possible, but only when it is safe. The court's opinion cleared the way constitutionally for the House to hold remote sessions, but said it is up to the House to make its own determination on whether to do so. New Hampshire Attorney General Gordon MacDonald was back before the Executive Council Thursday, for a public hearing over his nomination to be the next chief justice of the state Supreme Court. § 3006 and bankruptcy administrators) should not be charged any fees under this schedule. Hearst Television participates in various affiliate marketing programs, which means we may get paid commissions on purchases made through our links to retailer sites. Former Republican Reps. J.R. Hoell and Andrew Manuse wrote that remote meetings would not meet the constitutional requirements for a quorum.