Bill Text: NH HB609 | 2011 | Regular Session | Introduced
Bill Title: Establishing the New Hampshire circuit court to replace the current probate courts, district courts, and judicial branch family division..
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2011-05-20 - House Signed by Governor 05/16/2011; Effective 07/01/2011; Chapter 0088 [HB609 Detail]
Download: New_Hampshire-2011-HB609-Introduced.html
HB 609-FN – AS INTRODUCED
2011 SESSION
09/01
HOUSE BILL 609-FN
AN ACT establishing the New Hampshire circuit court to replace the current probate courts, district courts, and judicial branch family division.
SPONSORS: Rep. G. Richardson, Merr 4; Sen. Houde, Dist 5; Sen. Morse, Dist 22
This bill establishes the New Hampshire circuit court to replace the current probate courts, district courts, and judicial branch family division.
This bill was requested by the supreme court.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11-0574
09/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT establishing the New Hampshire circuit court to replace the current probate courts, district courts, and judicial branch family division.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; Circuit Court. Amend RSA by inserting after chapter 490-E the following new chapter:
CHAPTER 490-F
490-F:1 Purpose. The general court hereby organizes, constitutes, and establishes the New Hampshire circuit court. The goals of the circuit court are the respectful treatment of all individuals, the prompt and fair resolution of all issues within its jurisdiction, the use of alternative dispute resolution to reduce the adversarial nature of proceedings, the effective use of technology and the assignment of judicial and nonjudicial staff specially selected for their commitment to these goals.
490-F:2 Circuit Court; General. The circuit court shall be a court of record with statewide jurisdiction. Each circuit court location shall have the authority to hear all cases within the subject matter jurisdiction of the circuit court. Subject to part 1, article 17 of the New Hampshire constitution, nothing in this chapter shall prohibit the reassignment of cases within the circuit court as justice or efficiency require in the discretion of the administrative judge of the circuit court.
490-F:3 Circuit Court Divisions. The circuit court shall consist of 3 divisions: a probate division, a district division, and a family division. The circuit court shall have the jurisdiction, powers, and duties conferred upon the former probate and district courts and upon the former judicial branch family division by RSA 547, RSA 502-A, and RSA 490-D.
490-F:4 Circuit Court Locations. The judicial districts for the district and family divisions shall be as set forth in RSA 502-A:1 and RSA 490-D:4, respectively, and each county shall be a judicial district for the probate division. The supreme court may, from time to time, establish other locations for each of the divisions. The probate court records shall be maintained at the circuit court site at each county seat. The circuit courts shall be as follows:
I. Coos county first circuit
II. Grafton county second circuit
III. Carroll county third circuit
IV. Belknap county fourth circuit
V. Sullivan county fifth circuit
VI. Merrimack county sixth circuit
VII. Stafford county seventh circuit
VIII. Cheshire county eighth circuit
IX. Hillsborough county ninth circuit
X. Rockingham county tenth circuit
490-F:5 Circuit Court Judges and Masters; Appointment; Tenure.
I. On the effective date of this chapter, the circuit court shall consist of those justices and masters previously appointed and commissioned by the governor and council as prescribed by the constitution and the laws of the state of New Hampshire. The tenure of office of persons serving as justices or special justices of the district and probate courts or marital masters in the judicial branch family division and superior court shall not be affected hereby, and they shall continue in office as judges or masters respectively of the circuit court.
II. Judicial and master appointments to fill vacancies which exist on the effective date of this chapter in the former probate and district courts and in the former judicial branch family division shall be to the New Hampshire circuit court. No judicial officer appointed to the circuit court shall be appointed to a particular location; however, the assignment of a circuit court judge to a particular location shall be within the discretion of the administrative judge of the circuit court who shall take into account the weighted caseload and judicial need of that location.
490-F:6 Circuit Court Judges and Masters; Assignment; Certification.
I. Circuit court judges and masters shall be assigned to one or more circuits or locations in the discretion of the administrative judge of the circuit court after considering population, judicial time and efficiency, available judicial resources, and the needs of the public.
II. The assignment of a circuit court judge to a division within the circuit court shall be based upon the judge’s knowledge of, commitment to, and expertise in the subject matter of the division.
III. For purposes of part 2, articles 80 and 81 of the New Hampshire constitution, a judge of probate shall be any circuit court judge assigned to the probate division.
IV. Judges and marital masters appointed prior to the effective date of this chapter shall be initially assigned within the circuit court as follows:
(a) Judges of the former probate court shall be initially assigned to the probate division of the circuit court;
(b) Judges of the former district court shall be initially assigned to the district division of the circuit court;
(c) Judges certified in the former family court division shall be initially assigned to the division that corresponds with their initial appointment and to the family division of the circuit court; and
(d) Masters appointed to the former judicial branch family division or superior court shall be permanently assigned to the family division of the circuit court.
V. The assignment of a circuit court judge to a division following initial assignment shall be within the discretion of the administrative judge; provided, however, the circuit court judge shall be certified by the supreme court to hear cases coming within the newly assigned division prior to such assignment. A judge initially assigned to a division within the circuit court pursuant to paragraph I shall be deemed certified in the division of initial assignment.
VI. Thereafter, judges appointed to the circuit court shall be assigned to a division at the discretion of the administrative judge subject to the following considerations:
(a) The knowledge, commitment to, and expertise of the judge in the subject matter of the particular division to which the judge is to be assigned;
(b) The division in which the judicial vacancy resulting in the new appointment exists, and
(c) The judicial needs of a particular circuit court location as determined by the administrative judge.
VII. Judges may be certified in all divisions of the circuit court pursuant to rules adopted by the supreme court.
VIII. Nothing in this section shall prohibit the administrative judge from assigning judges to a division as justice and efficiency require.
IX. The judges and masters shall be entitled to receive their actual personal expenses when absent from their assigned court in the performance of their official duties. The judges and masters shall not be reimbursed for mileage to commute from the judge’s residence to his or her assigned court except for any mileage in excess of 50 miles each way.
490-F:7 Circuit Court Judges; Number.
I. Except as provided in paragraphs II and III, the number of judges and masters in the circuit court shall not be less than the number of authorized judicial and master positions in the former district court, probate court, and judicial branch family division, as well as any superior court judicial officer or marital master equivalent not yet transferred to the former judicial branch family division on the effective date of this chapter but necessary to complete the family division implementation as set forth in RSA 490-D.
II. Upon the retirement, resignation, disability, or removal of a part-time justice or special justice of the former probate or district courts, the position shall be eliminated, unless within 30 days of such retirement, resignation, disability, or removal the supreme court certifies in writing to the governor that due to population, caseload, and available judicial resources, the position needs to be continued in the circuit court.
III. Upon the retirement, resignation, disability, or nonrenewal of appointment of a marital master, the position shall be converted to a full-time judicial position, provided that the fiscal committee of the general court approves and further provided that sufficient funds have been appropriated for the salary and benefits of the full-time judicial position. Once converted to a full-time judicial vacancy, the governor may nominate and the council may confirm any qualified person pursuant to part 2, article 46 of the New Hampshire constitution. If the fiscal committee of the general court does not approve, or if there are not sufficient funds available to fund the salary and benefits of the full-time judicial position, the master position shall not be eliminated, and a new master may be appointed pursuant to RSA 490-D:7.
IV. The supreme court, after reviewing population, caseload, judicial time, and efficiency, available judicial resources, the needs of the circuit court, and other relevant criteria may request the governor and council to designate a sitting part-time judge as a full-time judge. The court may recommend certain judges; however, the governor and council shall not be bound by that recommendation. Upon designation, that judge shall become full-time. Prior to making its request, the supreme court shall receive the approval of the fiscal committee of the general court and there shall be funds in the court’s budget specifically appropriated for the salary and benefits of an additional full-time circuit court judge.
490-F:8 Circuit Court Judges; Retired Judges.
I. Nothing in this chapter shall limit the ability of retired judges of the former district and probate courts or of the circuit court to elect senior active status or to serve as a judicial referee pursuant to RSA 493-A.
II. Judges who have elected senior active status, are eligible to elect senior active status, or are eligible to serve as a judicial referee on the effective date of this chapter shall maintain such eligibility.
II. The assignment and certification provisions of this chapter shall apply to senior active judges and retired judges acting as judicial referees.
490-F:9 Disqualifications of Judges. No judge or clerk of the circuit court shall be retained or employed as an attorney in any action, complaint, or proceeding pending in a division of the circuit court or circuit court site in which that judge or clerk has been certified or assigned. No attorney shall be permitted to practice before any division of the circuit court where any justice, associate justice, or special justice is associated with such attorney in the practice of law.
490-F:10 Full-Time Circuit Court Judges. A circuit court judge designated to be full-time under RSA 491-A:3, IV shall not be permitted to engage in the practice of law to any degree. Full-time judges shall receive the salary specified in RSA 491-A:1.
490-F:11 Judicial Branch Budget Request. For the purpose of calculating the biennial budget request and judicial salaries as well as the number of judicial positions required in the circuit court, the supreme court shall establish and revise as needed a weighted case value, relating to the judicial time required for each type of case included in the court’s jurisdiction, which when multiplied by the caseload of each court will produce the number of weighted case units for that court. Any revisions to the weighted case values shall be approved by the fiscal committee of the general court. The number of weighted case units shall be calculated by the administrative office of the courts in October of each year, using caseload statistics for the preceding 12-month period. Said weighted case units shall serve as the basis for determining the salary of part-time judges for the next calendar year.
490-F:12 Part-Time Judges; Salary Calculation. The salary of judges who were part-time judges in the district and probate courts shall be calculated each year based on the weighted caseload of the former jurisdiction less any weighted values for case types that are no longer within the jurisdiction of the circuit court or judicial branch.
490-F:13 Circuit Court Clerks; Appointment. The administrative judge of the circuit court shall appoint a clerk with responsibility for each circuit court site. In the interest of the effective administration of justice, any such clerk may have responsibility for one or more circuit court locations. Circuit court clerks shall have the same duties as clerks of the former district court and judicial branch family division and as registers of probate with the exception of RSA 15-B, RSA 456-B, RSA 548, RSA 653, RSA 655, and RSA 661 which shall remain as duties of the registers of probate. Circuit court clerks shall hold office at the pleasure of the administrative judge of the circuit court.
490-F:14 Staff. The administrative judge of the circuit court shall identify a mechanism by which to assign and transfer existing staff in the probate and district courts and in the judicial branch family division to operate the circuit court. The number of circuit court staff shall be based upon a review of anticipated caseload, population, available staff resources, and other relevant criteria, including information from any weighted caseload system.
490-F:15 Referees. The circuit court, with the consent of the parties shall, and without the consent of the parties may, commit to one or more referees any cause at law or in equity, or the determination of any question of fact pending in the court wherein the parties are not, as matter of right, entitled to a trial by jury; and with the consent of the parties shall in the same manner commit any other cause or the determination of any other question of fact.
490-F:16 Alternative Dispute Resolution. Alternative dispute resolution shall be utilized in the circuit court when practicable to reduce the adversarial nature of proceedings.
490-F:17 Existing Procedure Applicable. All provisions of law, not inconsistent herewith, relating to procedure in civil or criminal matters and practice in the former probate and district courts and the former judicial branch family division shall remain in full force and apply to the circuit courts hereby established.
490-F:18 Statutory References. During the implementation of the circuit court, references in statutes involving the jurisdiction of the circuit court to the probate or district courts or to the judicial branch family division shall be deemed to include the circuit court. Following the full implementation of the circuit court, those references shall be deemed to be to the New Hampshire circuit court where it has exclusive jurisdiction of a subject matter and to the superior court and circuit court where the circuit court has concurrent jurisdiction with the superior court.
490-F:19 Implementation Plan. On the effective date of this chapter, the New Hampshire circuit court shall be operational based upon a plan of implementation developed by the administrative judge of the circuit court in consultation with the supreme court.
2 Family Division; Nominations and Appointments of Marital Masters. Amend RSA 490-D:7 to read as follows:
490-D:7 Nominations and Appointments of Marital Masters.
I. The administrative judge of the [judicial branch family division] circuit court established in RSA 490-F, with the concurrence of the supreme court, shall recommend persons to the governor and council for initial appointment as marital masters. In recommending candidates for initial appointment as marital masters under this chapter, the division shall utilize the procedures and standards described in the rules of the judicial branch family division, except as otherwise provided in this chapter.
II. For appointments of new marital masters, the administrative judge of the [judicial branch family division] circuit court, with the concurrence of the supreme court, shall submit to the governor the name of a nominee. The governor may accept the candidate nominated by the administrative judge and submit the candidate to the council for confirmation or may reject the candidate submitted by the administrative judge, and request a new nominee. If the council rejects a candidate for confirmation, the governor shall request a new nominee.
III. Marital masters shall serve an initial term of 3 years. Subsequent reappointments shall be made in accordance with judicial branch family division rules. During appointment terms, the authority and responsibility to conduct annual performance reviews, and termination, if necessary, shall be with the administrative judge of the [judicial branch family division] circuit court.
3 Judicial Branch Family Division Clerks, Fees. Amend RSA 490-D:12, II and III to read as follows:
II. Fees as established by the supreme court under RSA 490:26-a shall be paid to the clerk of the [judicial branch family division] applicable circuit court established in RSA 490-F for the benefit of the state. The clerk shall set aside 7 percent of each entry fee paid into the court for deposit into a special escrow account established under RSA 490:26-c and 14 percent of each entry fee paid into the court for deposit into the judicial branch information technology fund established under RSA 490:26-h. The proceeds of fees for motions to appear in court pro hac vice shall be paid into the law library revolving fund established in RSA 490:25, III.
III. The sum of $5 shall be added to each entry fee collected [in the judicial branch family division] by the circuit court clerk on cases which, prior to the establishment of the judicial branch family division, would have been filed in the probate court. Sums collected under this paragraph shall be deposited in the mediation and arbitration fund established under RSA 490-E:4.
4 Sessions in Towns Within District. Amend RSA 502-A:2, II to read as follows:
II. The administrative judge of the [district courts] circuit court established in RSA 490-F shall have the authority to and shall, on an annual basis, establish the number of court sessions and the hours and days of operation required for each district court. The administrative judge shall consider the convenience of each court’s users, caseload, resources, and security. Each court shall submit a plan for flexible scheduling to the administrative judge that meets the needs of the community served by that court which may include evening, early morning, and/or weekend sessions and other alternative sessions. In evaluating the community need for alternative sessions, the administrative judge and local courts shall evaluate separately civil suits, small claims, order of notice, motor vehicle matters, and criminal cases to determine the needs of the community. [The administrative judge shall file an annual report on the progress of implementing flexible schedules in the district courts with the chairpersons of the house and senate judiciary committees on or before November 1 of 2000, 2001, 2002, and 2003.]
5 Duties of Clerks; Disposition of Fines. Amend RSA 502-A:8 to read as follows:
502-A:8 Duties of Clerks; Disposition of Fines.
I. The clerk of the applicable circuit court established in RSA 490-F shall receive all fines and forfeitures paid into the district court from any source. The clerk of any district court may accept payment of the fine by credit card in lieu of cash payment. Any transaction costs assessed by the issuer of the credit card shall be paid out of the portion of the fine amount which is deposited with the treasurer and not out of the penalty assessment charged by a district court. The clerk shall forward fines collected for violations of title XXI to the treasurer for deposit in the highway fund and fines collected for violations of title LXII and all other statutes to the treasurer for deposit in the general fund within 14 days. The clerk shall separately indicate which fines were for violations of title XXI. Fines and forfeitures collected by the clerk for violations of municipal ordinances, codes, or regulations, except those adopted pursuant to RSA 31:39, I(g); RSA 41:11; RSA 47:17, IV, VI, VII, or VIII; and RSA 105:6 through RSA 105:7, shall be remitted monthly to the treasurer of the municipality prosecuting said violations, for the use of the municipality. All expenses related to the processing of parking violations and the administrative collection of parking fines shall be the responsibility of the local unit of government, and all fines collected shall be retained in their entirety by the local unit of government.
II. Nothing in this section shall prevent the court from transferring the collection of fines to a centralized location. Any fines collected by the central location shall be distributed as indicated in paragraph I. References to duties and responsibilities of clerks contained in paragraph I shall be deemed to include the central fine collection center as appropriate.
6 Criminal Cases; District Courts. Amend RSA 502-A:11 to read as follows:
502-A:11 Criminal Cases, District Courts. Each district court shall have the powers of a justice of the peace and quorum throughout the state and shall have original jurisdiction, subject to appeal, of all crimes and offenses committed within the confines of the district in which such court is located which are punishable by a fine not exceeding $2,000 or imprisonment not exceeding one year, or both, including all violations of the provisions of RSA 266:16 and 266:25 pertaining to vehicles exceeding permitted size or weight, regardless of whether the defendant is a natural person or any other person[; provided, however, that any town which may vote to continue its municipal court in accordance with the provisions of RSA 502-A:35 shall have exclusive jurisdiction over offenses committed within the confines of that town, in accordance with the provisions of RSA 502:18, until such municipal court is subsequently abolished under the provisions of RSA 502-A:35].
7 Jury Trial. Amend RSA 502-A:15 to read as follows:
502-A:15 Jury Trial.
[I.] In cases in which the damages claimed exceed $1,500 or the title to real estate is involved, if the defendant, upon the entry of any action for damages under RSA 502-A:14, II or II-a, within 7 days of the return date of the action or within such additional time as the district court for good cause may allow, files a written request for trial by jury, the cause shall be at once transferred to the superior court [or to the regional jury trial district court, as provided in paragraph II,] for the county or judicial region in which the court is located, to be heard and tried as if originally entered in the transferee court. The original entry fee and cost of transferring the action shall be paid by the moving party but shall be recoverable as costs if the moving party prevails in the action. If, after transfer for trial by jury, the moving party waives the right to jury trial, the cause shall at once be remanded to the district court of original jurisdiction.
[II. The supreme court shall have the same authority to designate regional jury trial district courts to hear and determine civil causes as under RSA 502-A:12-a. In any region so designated, the case to be transferred shall be transferred to the regional jury trial district court and heard and tried as if originally entered there. Questions of law may be appealed therefrom to the supreme court.]
8 District Court Fees. Amend RSA 502-A:28, I to read as follows:
I. Fees as established by the supreme court under RSA 490:26-a shall be paid to the clerk of each [district] applicable circuit court established in RSA 490-F for the benefit of the state.
9 Other Fees. Amend RSA 502-A:29 to read as follows:
502-A:29 Other Fees. For other certificates or papers which he or she is authorized to make or certify, the clerk of a [district] circuit court shall receive the same fees as a clerk of the superior court.
10 Probate Court Fees. Amend RSA 490:27, I to read as follows:
I. Probate court fees as established by the supreme court under RSA 490:26-a shall be paid to the [register] clerk of the applicable circuit court established in RSA 490-F for the benefit of the state.
11 Seal. RSA 547:1 is repealed and reenacted to read as follows:
547:1 Seal. The court of probate is a court of record for all purposes, and each probate court shall be provided with a seal bearing upon its face the name of the court and the name of this state.
12 Transfer to Superior Court. RSA 547:11-d is repealed and reenacted to read as follows:
547:11-d Transfer to Superior Court. In cases where a right to jury trial is guaranteed by the constitution or granted by statute, a plaintiff desiring a jury trial shall file the action in the superior court, and filing the action in the probate court where there is concurrent jurisdiction shall constitute a waiver of a jury trial by the plaintiff. If the defendant desires a jury trial, the defendant shall indicate the request for a jury trial at the time of the defendant’s initial pleading with the court. Failure to timely request a jury trial shall constitute a waiver by the defendant thereof. If a jury trial is requested by the defendant, the matter shall be transferred to the superior court.
13 New Sections; Dockets and Index; Records; Probate Court Entry Fees. Amend RSA 547 by inserting after section 27 the following new sections:
547:27-a Docket and Index. The probate court shall keep a docket of all cases and matters, and an index thereto which shall be open to public inspection at all reasonable times.
547:27-b Records.
I. The probate court shall appropriately retain all wills and their probate; all proceedings with regard to real estate; all accounts settled, and all orders, decisions and appointments from which an appeal may be claimed.
II. The probate court, subject to the approval of the supreme court, shall establish and implement retention and destruction schedules for those original files, papers and records in cases and matters disposed of by the court.
547:27-c Probate Court Entry Fees.
I. Entry fees as established by the supreme court under RSA 490:26-a shall be paid to the clerk of each applicable circuit court established in RSA 490-F for the benefit of the state.
II. The clerk shall set aside 7 percent of each entry fee paid into the court for deposit into a special escrow account established under RSA 490:26-c and 14 percent of each entry fee paid into the court for deposit into the judicial branch information technology fund established under RSA 490:26-h. The proceeds of fees for motions to appear in court pro hac vice shall be paid into the law library revolving fund established in RSA 490:25, III.
14 Residence. Amend RSA 548:1 to read as follows:
548:1 Residence, etc. The register of probate shall dwell in the county in which the probate records are required to be kept[, and shall be present at the probate office on all days when that office shall be required to be kept open or, in lieu of such presence, shall employ a competent clerk who shall dwell in said county and shall be present in the place of the register]. If a register shall dwell in any other county and continue so dwelling for 30 consecutive days, the office shall be deemed vacant.
15 Preservation of Files. RSA 548:5 is repealed and reenacted to read as follows:
548:5 Preservation of Files. The register of probate shall be responsible for coordinating with the administrative judge of the circuit court established in RSA 490-F the preservation of any closed files having the potential for historical significance. The register may recommend that these files be given to any public historical society or corporation organized for the preservation of historical documents, or be sent to the records center established under RSA 5.
16 Salaries. Amend RSA 548:17 to read as follows:
548:17 Salaries. The annual salaries of the registers of probate shall be established by the supreme court in accordance with the compensation system established by the supreme court. [The register shall set the salary of the deputy register and all nonjudicial court support staff being directly supervised by the register consistent with the personnel procedures and compensation system established by the supreme court.]
17 Acting as Counsel. Amend RSA 548:24 to read as follows:
548:24 Counsel Acting As. [He] The register shall not act as counsel or advocate in any proceeding in, or to be brought into, the probate court of which [he is] the register was elected, nor receive any fee for such service.
18 Acting as Appraiser. Amend RSA 548:25 to read as follows:
548:25 Appraiser, or Commissioner, Acting As. [He] The register shall not be appointed nor act as appraiser or commissioner on any estate under administration in the probate court of the county in which [he is] the register was elected.
19 Publication of Notice in Newspaper or Electronic Media. RSA 550:10 is repealed and reenacted to read as follows:
550:10 Publication of Notice in Newspaper or Electronic Media.
I. Notwithstanding any other provision of law, whenever notice is required to be published by the probate court, the clerk of the applicable circuit court established in RSA 490-F shall cause such notice to be published 2 weeks successively in a newspaper which circulates in the town or city in which the person whose estate is involved last resided, or in the county whose court has jurisdiction, or shall cause such notice to be made available to the public by electronic media for no less than 2 weeks, or otherwise as ordered by the judge.
II. The clerk may select the newspaper or electronic media for publication, provided only that it is a newspaper or electronic media in the English language, unless the judge shall otherwise order. The clerk may publish a notice in a newspaper or electronic media in other than the English language, provided that the same notice is published in the English language at the same time. If in a newspaper, the first such publication shall be at least 2 weeks before the day or thing of which notice is given and the second publication shall be at least 7 days before the day or thing of which notice is given, unless otherwise ordered by the judge. If published by electronic media, such publication shall commence no later than 2 weeks before the day or thing of which notice is given, unless otherwise ordered by the judge.
III. The clerk may publish in one notice the necessary information pertaining to more than one estate, provided, however, that each separate subject matter such as the appointment of a fiduciary, a hearing on an account, a hearing on a license to sell real estate, or any other designated subject matter shall have a specific designation within each such notice.
IV. Prior to such publication, the fiduciary of the estate concerned shall advance and pay to the clerk the cost of such publication as determined by the clerk, and a fee to the clerk as established by the supreme court under RSA 490:27. The fiduciary shall be allowed said sums so paid to the clerk in the account.
20 New Section; Record of Decedent’s Real Estate. Amend RSA 554 by inserting after section 14 the following new section:
554:14-a Record of Decedent’s Real Estate. Whenever it appears from the inventory or any other instrument pertaining to real estate filed with the court in connection with the administration of any estate that the estate contains real estate located in another county within the state, the court shall notify, within 15 days, the register of deeds of the county in which the real estate lies of the name and date of death of the decedent. A register of deeds who receives such a notice shall record in the grantor’s index of the register’s office the name of the decedent, the decedent’s date of death, and the county in which the estate is being probated. The cost for filing said notice shall be assigned to the estate.
21 New Section; Notice to Fiduciaries. Amend RSA 554 by inserting after section 26 the following new section:
554:26-a Notice to Fiduciaries.
I. A fiduciary appointed by the probate court shall file, as required by law, an inventory within 90 days after the date of appointment, or an account of administration within one year after the date of appointment. If a fiduciary fails to file an inventory within 30 days after the required filing date, or an account of administration within 90 days after the required filing date, the fiduciary is in default. The clerk of the applicable circuit court established in RSA 490-F shall give notice of the default to the fiduciary by first class mail within 10 days after the default. In the case of any inventory, account, annual report, statement of voluntary administration, or waiver of administration affidavit, the fiduciary shall either file the inventory, account, annual report, statement of voluntary administration, or waiver of administration affidavit, or show good cause for the failure to file, within 30 days after notice of the default from the clerk. If the fiduciary fails to file or to show good cause, the judge of probate shall issue a citation to the fiduciary to appear before the judge pursuant to RSA 550:2. The fiduciary shall pay default and citation fees as established by the supreme court under RSA 490:26-a to the clerk, pursuant to RSA 490:27. The requirements of this section shall apply to fiduciaries previously appointed as the judges of probate may prescribe by rules adopted pursuant to RSA 547:33.
II. The clerk shall contemporaneously with the issuance of any citation pursuant to paragraph I and RSA 550:2 send a copy of such citation by first class mail to the following:
(a) Any surety for the fiduciary;
(b) Any person who has filed an appearance; and
(c) Any residuary beneficiary, and the director of charitable trusts in cases involving charitable dispositions and trusts.
22 Name Change. Amend the following RSA provisions by replacing “register of probate” and “register” with “clerk:” 5-C:32, 7:29, 21-J:14, 87:21, 87:22, 87:26, 135-C:38, 170-B:16 170-B:22, 171-B:6, 401:1, 457:28-b, 464-A:12, 464-A:20, 464-A:26, 464-A:28, 464-A:33, 464-A:35, 464-A:36, 505:11, 553:25, 553:32, 554:1, 561:19, 564:4, 564:12, 568:30, 568:35, and 568:54.
23 Waiver in Lieu of Court Appearance; Default. Amend RSA 262:44 to read as follows:
262:44 Waiver in Lieu of Court Appearance; Default. Any person charged with a violation of the provisions of title XXI on vehicles, excluding a violation of RSA 263:1, RSA 263:1-a, RSA 265:79, RSA 265-A:2, RSA 265-A:3, RSA 265:115, RSA 265:117, a speeding offense under RSA 265:60 for which the defendant must appear in court, and any offense which is a misdemeanor or felony, may plead guilty, nolo contendere, or not guilty by mail in the following manner:
I. Such defendant shall receive, in addition to the summons, a uniform fine schedule entitled “Notice of Fine, Division of Motor Vehicles” which shall contain the normal fines for violations of the provisions of title XXI on vehicles for which a plea may be entered by mail. The defendant shall be given a notice of fine indicating the amount of the fine plus penalty assessment at the time the summons is issued; except if, for cause, the summoning authority wishes the defendant to appear personally at the bureau of hearings or, in those cases in which the offense is related to a case outside the jurisdiction of the bureau, in court. Defendants summoned to appear personally shall do so on the [arraignment] date specified in the summons, unless otherwise ordered by the court or bureau based upon the designated location of the personal appearance. Defendants who are issued a summons and notice of fine and who wish to plead guilty or nolo contendere shall enter their plea on the summons and return it with payment of the fine plus penalty assessment to the director of the division of motor vehicles within 30 days of the date of the summons. The director of the division of motor vehicles may accept payment of the fine by credit card in lieu of cash payment. Any transaction costs assessed by the issuer of the credit card shall be paid out of the portion of the fine amount which is credited as agency income and not out of the penalty assessment [charged by the district court]. The director of the division of motor vehicles shall remit the penalty assessments collected to the police standards and training council for deposit in the police standards and training council training fund and to the state treasurer to be credited and continually appropriated to the victims’ assistance fund and the judicial branch information technology fund in the percentages and manner prescribed in RSA 188-F:31. Fines shall be paid over to the state treasurer, and shall be credited as agency income by the department of safety within 14 days of their receipt.
II. If the defendant wishes to enter a not guilty plea, he shall enter such plea on the summons and return it to the division of motor vehicles within 30 days of the date of the summons. The division shall transmit the plea to the [appropriate court and the court shall] bureau of hearings to schedule a trial. If the offense is related to a case outside the jurisdiction of the bureau, the division shall transmit the plea to the appropriate court and the court shall schedule a trial. [Upon the conclusion of the trial, the court shall transmit the result of the trial to the division for division records.] A hearings examiner shall conduct the trial according to the Saf-C 200 rules. The commissioner of the department of safety shall adopt rules, pursuant to RSA 541-A, relative to duties for the conduct of such trials.
III.(a) Whenever a defendant:
(1) Does not enter a plea-by-mail with the director of the division of motor vehicles within 30 days of the date of the summons or, if required to appear in court or at the bureau personally, does not appear personally or by counsel at the court or bureau on or before the required date or move for a continuance; or
(2) Fails to pay a fine or other penalty in connection with a conviction of a title XXI offense or payment of such fine or other penalty is uncollectible or unacceptable pursuant to RSA 6:11-a, the defendant shall be defaulted. In cases where the defendant has failed to enter a plea-by-mail with the director, the director of designee shall determine what the fine would be upon a plea of guilty or nolo contendere and shall impose an administrative processing fee in addition to the fine and penalty assessment. In cases where the defendant has defaulted on a court obligation, the court shall determine what the fine would be upon a plea of guilty or nolo contendere and shall impose an administrative processing fee in addition to the fine and penalty assessment. In any case, the defendant’s driving privileges shall be suspended as provided in RSA 263:56-a.
(b) Whenever a defendant otherwise fails to appear for a scheduled trial or other hearing related to an offense within the jurisdiction of the department or a scheduled court appearance in connection with a summons for any violation level offense [for which a defendant may plea by mail], the court or bureau shall proceed to hear the state’s evidence, by offer of proof or otherwise, and enter a finding in accordance therewith. If a finding of guilty is made, the court or bureau shall set the fine, and the clerk, director, or designee shall mail or deliver to the defendant’s last known address a notice of finding and imposition of fine form approved by the administrative justice of the [district] circuit court, appointed under supreme court rule. Payment in full shall be required within 30 days from the date of the notice. Any defendant who fails to make the payment shall be subject to the provisions of RSA 262:44, III(a)(1)-(2). No finding made by the court shall be set aside except for cause.
(c) In defaulted court cases for violations of title XXI, the court shall notify the director of the division of motor vehicles of the defendant’s default, and the amounts of the fine and other penalties, on a form prescribed by the director or by electronic means. The amount of the administrative processing fee shall be [determined by the New Hampshire supreme court in accordance with the provisions of RSA 502-A:19-b, V] changed only by statute and shall be retained by the court for the benefit of the state in those cases in which the fee is assessed by the court. In other cases, the fee shall be retained by the department of safety for the benefit of the state.
IV. The court may, in its discretion, issue a bench warrant for the arrest of any defendant who:
(a) Has defaulted as provided in RSA 262:44, III; or
(b) Fails to pay a fine or other penalty imposed in connection with a conviction of any offense which a court has determined the defendant is able to pay, or payment of a fine or other penalty is uncollectible or unacceptable, pursuant to RSA 6:11-a; or
(c) Fails to comply with a similar court order of the director or a court on any matter within the director’s or court’s jurisdiction.
V. For cause, the court or bureau in its discretion may refuse to accept a plea by mail and may impose a fine other than that prescribed by the uniform fine schedule. The court may order the defendant to appear personally in court for the disposition of the case.
VI. The uniform fine schedule referred to in paragraph I shall be [developed pursuant to RSA 502-A:19-b, V] changed only by statute.
VII. The commissioner of the department of safety shall adopt rules, pursuant to RSA 541-A, relative to the forms and procedures required for the division of motor vehicles and department of safety to carry out their duties and responsibilities under this section.
VIII. The commissioner of the department of safety shall make an annual report to the legislative fiscal committee on fines and fines in default, paid and unpaid, for each year beginning with 1993.
24 New Section; Appeal. Amend RSA 262 by inserting after section 44 the following new section:
262:44-a Appeal.
I. Any person aggrieved by a decision of the department under 262:44, after the administrative trial or review, may appeal the decision as provided in this section.
II. After a guilty finding, a person shall have the right to file a petition in the circuit court in the jurisdiction in which he or she was cited to review the final order by the director or the director’s authorized agent within 30 days of the date of the final order. Jurisdiction to hear such appeals is vested in the circuit court.
III. At the earliest practical time, the court shall review the record as developed before the director or authorized agent, together with any written legal argument presented to the court. Based on that review, the court may affirm or reverse the decision of the director or agent or order that oral argument be held. As justice may require, the court may remand the case to the director or authorized agent for further findings or rulings. The petition for appeal shall set forth all the grounds upon which the final order is sought to be overturned. Issues not raised by the appellant before the director or agent shall not be raised before the circuit court. The burden of proof shall be upon the appellant to show that the decision of the director or agent was clearly unreasonable or unlawful, and all findings of the director or agent upon all questions of fact properly before him or her shall be deemed to be prima facie lawful and reasonable. The order or decision appealed from shall not be set aside or vacated except for errors of law, unless the court is satisfied, by a clear preponderance of the evidence before it, that the order is unjust or unreasonable.
IV. No new or additional evidence shall be introduced in the circuit court, but the case shall be determined upon the record and evidence transferred, except that in any case, if it shall be necessary in order that no party shall be deprived of any constitutional right, or if the court shall be of the opinion that justice requires the reception of evidence of facts which have occurred since the hearing, or which by reason of accident, mistake, or misfortune could not have been offered before the director or authorized agent, it shall remand the case to the director or authorized agent to receive and consider such additional evidence.
25 New Subparagraph; Department of Safety; General Functions. Amend RSA 21-P:2, II by inserting after subparagraph (i) the following new subparagraph:
(j) Conducting motor vehicle trials for non-must appear (plea by mail) motor vehicle violations.
26 New Paragraph; Department of Safety; Bureau of Hearings. Amend RSA 21-P:13 by inserting after paragraph II the following new paragraph:
III. The bureau of hearings shall conduct motor vehicle trials for non-must appear (plea by mail) motor vehicle violations.
27 New Paragraph; Rulemaking; Commissioner of Safety. Amend RSA 21-P:14 by inserting after paragraph IX the following new paragraph:
X. The commissioner of safety shall adopt rules, pursuant to RSA 541-a, for conducting motor vehicle trials for non-must appear (plea by mail) motor vehicle violations. Such trails may be conducted based on hearsay evidence and by video teleconference. The burden of proof shall be by the preponderance of the evidence.
28 Suspension for Nonpayment of Fines. Amend RSA 263:56-a to read as follows:
263:56-a Suspension or Revocation for Default, Noncompliance, or Nonpayment of Fine.
I. Whenever any defendant:
(a) Defaults on an arraignment or other scheduled court appearance in connection with a charge or conviction of any offense, or
(b) Fails to pay a fine or other penalty imposed in connection with a conviction of any offense which a court or the bureau of hearings has determined he is able to pay, or issues a bad check in payment of a fine or other penalty; or
(c) Fails to comply with a similar order of the director or a court or the bureau of hearings on any matter within the director’s or court’s or bureau’s jurisdiction, his driver’s license or resident or nonresident driving privilege and in any motor vehicle case or related case the resident plates and motor vehicle registration shall be suspended or revoked only upon written consent of the director, effective 30 days after such default or failure, except as provided in subparagraph I(d) of this section.
(d) If a defendant receives a summons in hand from a law enforcement officer, no further notification to such defendant is required before the suspension of his driving privileges occurs as provided in subparagraph I(c). If a defendant receives a summons in any manner other than in hand by a law enforcement officer, the court or director, as applicable, shall notify such defendant by certified mail at his last known address that his driving privileges shall be suspended 30 days after the mailing of such notification.
(e) Is a sexual offender as defined in RSA 651-B:1, IV or an offender against children as defined in RSA 651-B:1, VI, and fails to comply with the registration requirements under RSA 651-B, and where the failure to comply persists for more than 30 days, the offender’s driver’s license or resident or nonresident driving privileges shall be suspended or revoked by the director under this section, provided, that the department shall first attempt to notify the offender in person, or by first class mail, return receipt requested, sent to the offender’s last known address, that he or she is in violation of the registration requirements and that his or her driving privileges will be suspended or revoked if he or she fails to comply with the registration requirements within 15 days of the department’s attempted notice of noncompliance.
I-a. The department shall cause written notice to be sent to any driver licensed by or person whose vehicle is registered by the state of New Hampshire who defaults as otherwise provided in this section on an appearance, summons, or court order issued in this state. Any person who defaults as provided in subparagraph I(c) shall be required to produce proof of satisfaction of the default either in hand or through the court to the department.
II.(a) If such defendant fails to appear, pay the fine or comply with an order within the applicable period, as provided in subparagraph I(c) or (d) of this section, or fails to demonstrate that the defendant is financially unable to pay the fine or to comply with the order within the applicable period, the director shall suspend such defendant’s driver’s license or resident or nonresident driving privilege effective from the applicable date for an indefinite period and mark the defendant’s files accordingly.
(b) The director shall purge the record of violations in default, related suspensions, and all fees and fines assessed against these defaults and suspensions under this section that have been on file for more than 7 years; provided, however, that the director shall not purge such records for a violation of RSA 265:79, RSA 265-A:2, I, RSA 265-A:3, RSA 265:115, RSA 265:117, and any offense which is a misdemeanor or felony during the defendant’s lifetime until the defendant’s driver’s license or driving privilege is reinstated. All courts shall notify the director of any such failure on a form prescribed by the director.
(c) The director shall report the names of all persons whose driver’s licenses and driving privileges are suspended under this section to the National Driver Register administered by the National Highway Traffic Safety Administration.
(d) The director may report the names of all persons whose driver’s licenses and driving privileges are suspended under this section, due to nonpayment, to a consumer reporting agency as defined in RSA 359-B:3.
III. Except as provided in paragraph IV, the license or driving privilege of any defendant whose license or privilege has been suspended pursuant to paragraph II shall be reinstated upon:
(a) Payment to the director of a fee of $100, which shall be in lieu of any other reinstatement fee and shall be deposited into the highway fund pursuant to RSA 260:23 and RSA 6:12, I(b)(5), provided, however, that in the event of a license suspension under RSA 263:14, a fee of $50 shall be paid to the director in lieu of the reinstatement fee under RSA 263:42, V and shall be deposited into the highway fund pursuant to RSA 260:23 and RSA 6:12, I(b)(5); and
(b) Appearance by such defendant, payment of his fine, or compliance with the order of the director or bureau of hearings, as applicable, or upon demonstration that such defendant is financially unable to pay the fine or to comply with the order. Any court or the bureau which has ordered a suspension or revocation pursuant to paragraph II shall vacate the order and so notify the director and the affected defendant immediately after such defendant has appeared or paid his fine, as applicable, or has demonstrated that he is financially unable to pay the fine or to comply with the order.
IV. No license or driving privilege or plates suspended or revoked under this section shall be reinstated before the expiration of any other period of suspension or revocation in effect.
V. Nothing shall prevent any person affected by this section from obtaining a prompt review or hearing, upon showing just cause, before either the court or director or the bureau of hearings for appropriate relief.
VI. The provisions of this section shall be the primary sanction for defendants who fail to appear, pay a fine, or other penalty or comply with an order of the director or a court or the bureau of hearings, but shall not exclude other provisions of law relative to sanctions for defendants who fail to appear, pay a fine, or other penalty or comply with an order of the director or a court or the bureau.
VII. Notwithstanding any other provision of law, upon application, the commissioner may, as justice may require, waive the driver’s license suspension of any New Hampshire resident whose license or driving privileges have been suspended in this state or another state for a default on a non-drug or alcohol-related offense, where the default is more than 5 years old. This paragraph shall not apply to offenses which are misdemeanors or felonies.
29 Suspension by Justice for Cause. Amend RSA 263:57 to read as follows:
263:57 Suspension by Justice for Cause.
I. Any justice of a district or municipal court or of the superior court or the bureau of hearings may suspend any license issued to any person, for a period not to exceed 30 days, after a conviction of an offense under the provisions of this title, after due hearing, for any cause which he may deem sufficient.
II. The court or the bureau of hearings may also suspend any license issued to any person under the circumstances prescribed in, and in accordance with, RSA 634:2, VII.
30 Records; Reports. Amend RSA 263:60 to read as follows:
263:60 Records; Reports. A full record shall be kept by every court or justice or the bureau or hearings examiner in this state of every case in which a person is charged with a violation of any of the provisions of any law relative to motor vehicles, and an abstract of the record in cases of conviction shall be sent within 7 days by the court or justice or the bureau or hearings examiner to the department. Said abstracts shall be made upon forms prepared under authority of the director and shall include all necessary information as to the parties to the case, the nature and date of the offense, the date of the hearing, the plea and the judgment, and shall be certified by the clerk of the court or by the justice or the bureau or hearings examiner. The department shall keep such records in its office, and they shall be open to the inspection of any person.
31 Flagrant Cases. Amend RSA 263:61 to read as follows:
263:61 Flagrant Cases. Every court or justice or hearings examiner in this state shall furnish to the director the details of any particularly flagrant cases which may be heard before said court or justice or hearings examiner, upon said court or justice’s or hearing examiner’s own initiative, or upon the request of the director or his agents. Said court or justice or hearings examiner may make such recommendations as to the suspension or revocation of the licenses and certificates of registration of the defendants in such cases as the court or justice or hearings examiner shall determine.
32 Reference Change. Amend RSA 31:39-d, IV to read as follows:
IV. Civil penalties collected by the district court under this section shall be remitted to the municipality issuing the citation. Whenever a defendant (a) does not enter a plea by mail prior to the arraignment day and does not appear personally or by counsel on or before that date or move for a continuance; or (b) otherwise fails to appear for a scheduled court appearance in connection with a summons for any offense, the defendant shall be defaulted and the court shall determine what the civil penalty would be upon a plea of guilty or nolo contendere and shall impose an administrative processing fee in addition to the civil penalty. Such fee shall be the same as the administrative processing fee under RSA [502-A:19-b] 262:44, and shall be retained by the court for the benefit of the state.
33 Reference Change. Amend RSA 149-M:17, II(b) to read as follows:
(b) Notwithstanding RSA 31:39, III, towns are authorized to levy civil penalties up to $3,000 for each act which violates the bylaws enacted pursuant to this paragraph. For violations for which any penalty provided in the bylaws is $500 or less, the official designated in the bylaws as the enforcement authority may issue a summons and notice of fine as provided in RSA [502-A:19-b] 262:44, except that a copy of the fines for violations of the local bylaws shall be substituted for the uniform fine schedule. Defendants who are issued such summons and notice of fine may plead guilty or nolo contendere by mail by entering a plea as provided in RSA [502-A:19-b] 262:44. If the plea is accepted by the court, the defendant shall not be required to appear unless directed by the court.
34 Reference Deleted. Amend RSA 151-A:15, I to read as follows:
I. If within 180 days after the date of a testate or intestate patient’s death in any nursing home no petition for probate has been filed under any section of RSA 553 and the gross value of the personal property remaining at the nursing home belonging to the deceased, including any amount left in a patient account, is no more than $2,500, the nursing home administrator shall file in the probate court in the county where the nursing home is located an affidavit for the purpose of disposing of such deceased patient’s estate. The form of the affidavit, and the rules governing proceedings under this section, shall be provided by the probate court pursuant to RSA 547:33 [and RSA 548:8]. The nursing home administrator shall not file a death certificate with the probate court, but shall attest to the death in the affidavit. If the nursing home patient died testate and if the nursing home administrator has the will or a copy of the will, the nursing home administrator shall file the same in the probate court in the county where the nursing home is located. The probate court shall waive all filing fees.
35 Reference Change. Amend RSA 206:34, III to read as follows:
III. Any person charged with a violation of any provision of RSA title XVIII, excluding any offense for which the penalty is a misdemeanor or felony, may plead guilty or nolo contendere by mail by entering a plea as provided in RSA [502-A:19-b] 262:44. If the plea is accepted by the court, the defendant shall not be required to appear as directed by the court.
36 Reference Change. Amend RSA 227-G:5-a, I and II to read as follows:
I. The commissioner shall recommend a uniform fine schedule for any forestry law violation, which shall be submitted to the supreme court for its use under RSA [502-A:19-b, V] 262:44.
II. Any person charged with a violation of any provision of title XIX-A, excluding any offense for which the penalty is a misdemeanor or felony, may plead guilty or nolo contendere by mail by entering a plea as provided in RSA [502-A:19-b] 262:44. If the plea is accepted by the court, the defendant shall not be required to appear.
37 Reference Change. Amend RSA 231:132-a, IV to read as follows:
IV. If the administrative enforcement system established under paragraph II is unsuccessful at resolving alleged parking violations, or in the case of municipalities which have not established such a system, a summons may be issued as in the case of other violations of RSA title XXI, including the use of the procedure for plea by mail set forth in RSA [502-A:19-b] 262:44. Notwithstanding any other provision of law, a complaint and summons for a parking offense may be served upon the defendant by postpaid certified mail, return receipt requested. Return receipt showing that the defendant has received the complaint and summons shall constitute an essential part of the service. If service cannot be effected by certified mail, then the court may direct that service on the defendant be completed as in other violation complaints.
38 Reference Change. Amend RSA 262:45, I(a) to read as follows:
(a) Periodically review the fines for motor vehicle violations established pursuant to RSA [502-A:19-b, V] 262:44, considering the appropriateness of the fine amounts and the advisability of raising or lowering the fine amounts.
39 Reference Change. Amend RSA 270:11, I(d) to read as follows:
(d) A recommended uniform fine schedule for any boating violations, which shall be submitted to the supreme court for their use under RSA [502-A:19-b, V] 262:44.
40 Reference Change. Amend RSA 270:11-a to read as follows:
270:11-a Waiver in Lieu of Court Appearance. Any person charged with a violation of the provisions of RSA 270; RSA 270-A; or RSA 270-E on boats, floats, and rafts, excluding any offense for which the penalty is a misdemeanor or felony, may plead guilty or nolo contendere by mail by entering a plea as provided in RSA [502-A:19-b] 262:44. If the plea is accepted by the court, the defendant shall not be required to appear as directed by the court.
41 Reference Change. Amend the introductory paragraph of RSA 464-A:35, I to read as follows:
I. A guardian of the person shall file an annual report with the court within 90 days after the anniversary date of the guardian’s appointment, or be in default. The register of probate shall give notice of the default to the guardian by first class mail within 10 days after the default. The register of probate shall issue a citation notice in accordance with RSA [548:5-a] 554:26-a. The report shall contain a brief summary of the present status of the ward including, but not limited to:
42 Reference Change. Amend RSA 464-A:36, I to read as follows:
I. Subject to the provisions of RSA 464-A:26, V, a guardian of the estate shall file an annual account under oath with the court within 90 days after the anniversary date of the guardian’s appointment, or be in default. The register of probate shall give notice of the default to the guardian by first class mail within 10 days after the default. The register of probate shall issue a citation notice in accordance with RSA [548:5-a] 554:26-a.
43 Reference Change. Amend RSA 490:25, III to read as follows:
III. Receive and accept at any time funds from the sale or exchange of books, pamphlets, maps, manuscripts, and other related material, or from the sale of data base services, barcodes, cataloging records, magnetic tapes, laser discs, video tapes, or related or similar material, or from fees and fines as established by the law library and approved by the supreme court. Any funds accruing to the law library from such sources and as provided under RSA 490:24, I; RSA 490-D:12, II; RSA 499:18, II; RSA 502-A:28, II; and RSA [548:23-a, II] 547:27-c, II shall be paid into the state treasury and held in a continually appropriated fund which shall not lapse for the use of the law library upon approval by the supreme court;
44 Reference Change. Amend RSA 491-A:1 to read as follows:
491-A:1 Salaries Established. The salaries for the positions set forth below shall be as follows:
Chief justice, supreme court $151,477
Associate justices, supreme court $146,917
Chief justice, superior court and administrative judges
appointed pursuant to supreme court rule 54 $146,917
Associate justices, superior court $137,804
District court justices prohibited from practice
pursuant to RSA [521-A:21] 490-F:9 $137,804
Probate judges prohibited from practice
pursuant to RSA [547:2-a] 490-F:4 $137,804
45 Reference Change. Amend RSA 553:32, I to read as follows:
I. Notwithstanding any provision of law, whenever a deceased dies testate and the surviving spouse or, if no spouse, an only child is named in the will as the sole beneficiary of the deceased’s estate and is appointed to serve as administrator; or whenever a deceased dies intestate and the surviving spouse or, if no spouse, an only child is the sole heir of the deceased’s estate and is appointed to serve as administrator, there shall be no requirement for an inventory of the estate, no requirement for a bond, and no requirement for an accounting for assets. Administration of the estate shall be completed upon the administrator’s filing, and the probate court’s approval of an affidavit of administration. Such filing shall occur not less than 6 months nor more than one year after the date of appointment of the administrator. The affidavit of administration shall state that to the best of the knowledge and belief of the administrator there are no outstanding debts or obligations attributable to the deceased’s estate and shall list all real estate owned by the decedent at the time of death, including the location, book, and page. If the administrator fails to file the affidavit of administration within the time prescribed above, the administrator is in default. The register of probate shall give notice of the default to the administrator by first class mail within 10 days after the default. The register of probate shall issue a citation notice in accordance with RSA [548:5-a] 554:26-a.
46 Reference Change. Amend RSA 554:1 to read as follows:
554:1 Inventory. Every administrator shall file under oath, with the court, within 90 days after the date of appointment, a full, true and itemized inventory of all the estate of the deceased which has come to the administrator’s knowledge. If an administrator fails to file an inventory within 30 days after the required filing date, the administrator is in default. The register of probate shall give notice of the default to the administrator by first class mail within 10 days after the default. The register of probate shall issue a citation notice in accordance with RSA [548:5-a] 554:26-a. The inventory shall contain a description of the real estate; a correct schedule of all goods, chattels, stocks, bonds, cemetery plots or burial spaces, and other effects of the deceased; of all notes, with their dates and terms of payment, and the date and amount of each endorsement thereon; of all deposits in savings banks, with the name and location of each bank, the number of each book, the date of the last dividend, and the whole amount then due thereon less any withdrawals since that date; and a list and description of any other written evidences of debt. If any person claims a present legal or equitable right of title to real or personal property in the estate of the deceased, the administrator may petition the probate court pursuant to RSA 547:11-b to determine the question as between the parties.
47 Reference Change. Amend RSA 599:1 to read as follows:
599:1 Appeals. A person convicted by a district court of a class A misdemeanor, at the time the sentence is declared, may appeal therefrom to obtain a de novo jury trial in the superior court, which shall hear the appeal [except in cases in district courts served by regional jury trial courts as provided in RSA 502-A:12-a]. The appeal shall be entered by the defendant at the next return day unless for good cause shown the time is extended by the superior court. If, after a jury trial in the superior court, the defendant is found guilty, the superior court shall sentence the defendant, and the defendant may appeal questions of law arising therefrom to the supreme court. In the event the defendant waives the right to jury trial after the case has been appealed, the superior court shall forthwith remand the case to the district court for imposition of the sentence originally imposed by the district court, and the defendant may appeal questions of law arising therefrom to the supreme court. In all misdemeanor cases which are appealed to superior court or in which defendants are bound over it shall be the duty of the superior court to transmit to the justice of the district court, within 10 days after the case is finally disposed of, a certificate showing the final disposition of the case.
48 Reference Change. Amend RSA 676:17-b to read as follows:
IV. Civil penalties collected by the district court under this section shall be remitted to the municipality issuing the citation. Whenever a defendant (a) does not enter a plea by mail prior to the arraignment day or does not appear personally or by counsel on or before that date or move for a continuance; or (b) otherwise fails to appear for a scheduled court appearance in connection with a summons for any offense, the defendant shall be defaulted and the court shall determine what the civil penalty would be upon a plea of guilty or nolo contendere and shall impose an administrative processing fee in addition to the civil penalty. Such fee shall be the same as the administrative processing fee under RSA [502-A:19-b] 262:44, and shall be retained by the court for the benefit of the state.
49 Repeal. The following are repealed:
I. RSA 490-D:6, relative to judges and marital masters.
II. RSA 490-D:10, relative to referees.
III. RSA 490-D:11, relative to staff.
IV. RSA 490-D:12, I, relative to judicial branch family division clerks.
V. RSA 490-D:13, relative to alternative dispute resolution.
VI. RSA 490-D:15, relative to marital master’s expenses.
VII. RSA 502-A:1-a, relative to additional district courts.
VIII. RSA 502-A:3, relative to appointment and tenure of district court justices.
IX. RSA 502-A:3-a, relative to associate justices of Manchester, Nashua, and Concord District Courts.
X. RSA 502-A:3-b, relative to tenure of district court justices following consolidation.
XI. RSA 502-A:3-c, relative to elimination of special justices unless need certified.
XII. RSA 502-A:5, relative to powers of other justices.
XIII. RSA 502-A:5-a, relative to assignment of judges.
XIV. RSA 502-A:6, III, relative to salaries of clerks.
XV. RSA 502-A:6, V, relative to salaries of deputy clerks.
XVI. RSA 502-A:7, relative to district court clerks.
XVII. RSA 502-A:7-a, relative to deputy clerk of the Nashua District Court.
XVIII. RSA 502-A:7-b, relative to deputy clerks.
XIX. RSA 502-A:8-a, relative to assignment of juvenile intake officers.
XX. RSA 502-A:8-b, relative to duties of juvenile intake officers.
XXI. RSA 502-A:12-a, relative to regional jury trials.
XXII. RSA 502-A:19-b, relative to procedure for pleas by mail
XVIII. RSA 502-A:20, relative to courts of record.
XXIV. RSA 502-A:21, relative to disqualification of justices.
XXV. RSA 502-A:21-a, relative to full-time district court justices.
XXVI. RSA 502-A:32, relative to existing procedure applicable.
XXVII. RSA 502-A:34, relative to functions of municipal courts vested in district court.
XXVIII. RSA 502-A:35, relative to an exception to the abolition of municipal courts.
XXIX. RSA 502-A:36, relative to the transfer of pending actions.
XXX. RSA 547:11-e, relative to failure to prosecute appeal.
XXXI. RSA 547:27, relative to if the register is not present.
XXXII. RSA 547:38, relative to assignment of judges.
XXXIII. RSA 548:2, relative to office hours.
XXXIV. RSA 548:3, relative to the seal.
XXXV. RSA 548:4, relative to docket and index.
XXXVI. RSA 548:4-a, relative to scheduling.
XXXVII. RSA 548:5-a, relative to notice to fiduciaries.
XXXVIII. RSA 548:6, relative to destruction of records.
XXXIX. RSA 548:7-a, relative to the record of decedent’s real estate.
XL. RSA 548:8, relative to blanks and stationery.
XLI. RSA 548:9, relative to inventory blanks.
XLII. RSA 548:14, relative to deputy registers.
XLIII. RSA 548:14-a, relative to additional deputy registers.
XLIV. RSA 548:16, relative to the disability of the register.
XLV. RSA 548:23, relative to receipts.
XLVI. RSA 548:23-a, relative to probate court entry fees.
50 Effective Date. This act shall take effect July 1, 2011.
LBAO
11-0574
01/21/11
HB 609-FN - FISCAL NOTE
AN ACT establishing the New Hampshire circuit court to replace the current probate courts, district courts, and judicial branch family division.
FISCAL IMPACT:
Due to time constraints, the Office of Legislative Budget Assistant is unable to provide a fiscal note for this bill at this time. When completed, the fiscal note will be forwarded to the House Clerk's Office.
