HJR 6-FN-A - AS INTRODUCED
2016 SESSION
16-2272
09/05
HOUSE JOINT RESOLUTION 6-FN-A
A RESOLUTION making a payment to compensate Edward Brown for an illegal action.
SPONSORS: Rep. Brewster, Merr. 21
COMMITTEE: Finance
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ANALYSIS
This bill makes a payment to compensate Edward Brown for an illegal action.
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16-2272
09/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
A RESOLUTION making a payment to compensate Edward Brown for an illegal action.
Be it Enacted by the Senate and House of Representatives in General Court convened:
Whereas, former United States Attorney Thomas Colantuono, through Assistant United States Attorney Seth Aframe illegally, against 28 U.S.C. section 636(c)(1) and article 12 of the New Hampshire constitution, removed state civil case #2005-C-033 from the Grafton county superior court to federal court without the consent of both the plaintiff and the defendant; and
Whereas, as a result of this illegal action, Edward Brown's $150 court filing fee became ineffective; and
Whereas, Mr. Brown now seeks damages in the amount of $150 in compensation for this in-effect theft of filing fee from the faithful performance bond of the superior court clerk, maintained pursuant to RSA 93-B; now, therefore, be it
Resolved by the Senate and House of Representatives in General Court convened:
That the general court hereby requires payment of the sum of $150 to Edward Brown. Said sum shall be a charge against the faithful performance bond of the superior court clerk.
16-2272
11/30/15
HJR 6-FN-A- FISCAL NOTE
AN ACT making a payment to compensate Edward Brown for an illegal action.
FISCAL IMPACT:
The Judicial Branch and the Department of Administrative Services state this joint resolution, as introduced, will have no fiscal impact on state, county and local expenditures or revenues.
METHODOLOGY:
The Judicial Branch states the proposed resolution seeks payment of $150 to an individual for an alleged “in-effect theft of filing fee” to be paid from the performance bond of the superior court clerk maintained pursuant to RSA 93-B:1-a. The performance bond is maintained by the Department of Administrative Services. The Department has indicated that coverage is up to $200,000, but coverage is for losses to the state and not to individual citizens. The Branch indicates, for there to be a loss to the State, the individual would have to bring suit against the State for the alleged loss. The Branch concludes that without such a suit, there would be no fiscal from this resolution.
The Department of Administrative Services interprets the proposed resolution to require payment of $150 to the individual from the performance bond maintained by the State under RSA 93-B. The Department states the performance bond is not available for payment to any individual or entity other than the State.