reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490 - Supreme Court › Section 490:24 - Entry Fees.

490:24 Entry Fees. –
I. For the benefit of the state, there shall be paid to the clerk for the entry of every reserved case, bill of exceptions, petition, appeal, or other action, for the filing of every motion or other document supplementary to the entered case, and for any service rendered by the clerk, such fees as shall from time to time be established by the court. The clerk shall set aside 6 percent of each entry fee paid into the court for deposit into a special escrow account established under RSA 490:26-c and 30 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.
II. [Repealed.]
Source.
1919, 111:3. PL 315:27. RL 369:22. 1951, 224:8. RSA 490:24. 1970, 48:6. 2003, 319:16. 2007, 234:1, 2. 2008, 92:1. 2009, 144:111, eff. July 1, 2009. 2013, 88:2, eff. July 1, 2013.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490 - Supreme Court › Section 490:25 - Powers and Duties Relative to the Law Library.

490:25 Powers and Duties Relative to the Law Library. –
The supreme court shall provide a law library, which shall consist of the books and related materials, equipment, and furniture now in the law library at the supreme court building, with such additions as may be made thereto, for the use of the supreme court and other members of the judiciary, the attorney general, members of the legislature, officials of state government, the legal profession of New Hampshire, and the people of the state agreeing to the rules established by the supreme court. In addition to the other powers, duties and responsibilities provided by law, the supreme court may:
I. Make all necessary rules and regulations for the proper control and use of the law library;
II. Receive and accept at any time such sums of money as may be donated for the purpose of purchasing books or other supplies, equipment, or facilities for the law library, to be held by the state treasurer from which payments shall be made in accordance with the stipulations of the donor, upon approval by the supreme court; and money so received shall be converted into a continuous fund or funds which shall not lapse;
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 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;
IV. Enter into any agreement or compact with any other state or states, with the United States, and with library trustees, law schools and other agencies, public and private, for the purpose of improving law library facilities and services on the basis of mutual advantages and thereby providing more efficient or economical law library service and for the purpose of facilitating the use of law materials;
V. Receive, accept and administer any money granted by the federal government or other agencies, private or otherwise, for providing, equalizing, or strengthening a law library service in New Hampshire, including computerization of its services. Any gift or grant from the federal government or other source as hereinbefore provided shall be deposited in the state treasury and credited to a special fund which shall be continually appropriated and shall not lapse.
Source.
1979, 391:1. 1994, 7:4. 2008, 92:2. 2009, 273:2, eff. July 31, 2009 at 12:01 a.m. 2011, 88:24, eff. July 1, 2011.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490 - Supreme Court › Section 490:26 - Building and Facilities.

490:26 Building and Facilities. –
The supreme court shall control all space, facilities, and equipment in the supreme court building and shall employ sufficient numbers of persons to provide custodial services and general maintenance supervision for the building. The commissioner of administrative services shall provide any additional maintenance and repair to keep the building in suitable repair and condition for use by the supreme court and law library, subject to the availability of appropriated funds.
Source.
1979, 391:1. 1989, 371:3, eff. July 1, 1989.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490 - Supreme Court › Section 490:26-a - Court Fees and Fines; Credit Card Payments.

490:26-a Court Fees and Fines;  Credit Card Payments. –
I. The supreme court shall establish by rule an equitable fee schedule for all courts in the state.
II. (a) Except as provided in subparagraph (b), a $25 surcharge shall be added to each civil filing fee for all courts. This surcharge shall be deposited in the general fund.
(b) The following shall be exempt from the surcharge under subparagraph (a):
(1) Actions relating to children under RSA 169-B, RSA 169-C, and RSA 169-D.
(2) Domestic violence actions under RSA 173-B.
(3) Small claims actions under RSA 503.
(4) Landlord/tenant actions under RSA 540, RSA 540-A, RSA 540-B, and RSA 540-C.
(5) Stalking actions under RSA 633:3-a
II-a. The supreme court may establish by rule an equitable fee of not less than $25 to be added to a fine whenever a court extends the time for the payment of the fine. An equitable fee assessed by a court under this paragraph shall be paid prior to or simultaneously with the payment of the fine.
III. All court fees, surcharges, and fines paid into any court may be paid by credit card in lieu of cash payment.
Source.
1981, 562:1. 2005, 281:2. 2007, 263:77. 2008, 53:1. 2009, 144:192, eff. Aug. 28, 2009.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490 - Supreme Court › Section 490:26-b - Court Personnel and Compensation System.

490:26-b Court Personnel and Compensation System. –
I. The supreme court shall establish a uniform personnel classification and compensation system and salary and grievance procedures for all nonjudicial court personnel not covered by a collective bargaining agreement under RSA 273-A. The compensation system shall be approved by the legislature prior to becoming effective. The salary and grievance procedures for employees not covered by a collective bargaining agreement under RSA 273-A shall be established by administrative order of the supreme court.
II. If court employees exercise their rights under RSA 273-A, their wages, benefits, and other conditions of employment shall be negotiated through their bargaining agent. Once a petition for certification covering court employees has been filed, the terms and conditions of their employment shall remain in force and preserve the status quo until either an election has been conducted or an initial contract has been negotiated, whichever is the last to occur. If they choose not to organize under RSA 273-A or are unsuccessful, their wages, benefits, and terms and conditions of employment shall be determined by the provisions of RSA 490:28.
Source.
1981, 562:1. 1983, 383:68. 2001, 170:4, eff. Jan. 1, 2002. 2012, 247:31, eff. Aug. 17, 2012.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490 - Supreme Court › Section 490:26-c - Escrow Fund for Court Facility Improvements.

490:26-c Escrow Fund for Court Facility Improvements. –
I. Six percent of each entry fee collected in the supreme, superior, and circuit courts shall be deposited in escrow for judicial branch facility improvements. Moneys in the escrow fund shall be used for improvements to judicial branch facilities by the department of administrative services as recommended and approved by the supreme court.
II. The state treasurer shall establish procedures for deposits to and expenditures from the escrow fund for court facilities. The escrow fund shall be a dedicated capital reserve fund for the improvement of existing court facilities, or those facilities acquired pursuant to an act of the general court.
III. The funds on deposit in the escrow fund for court facility improvements shall be invested by the state treasurer in obligations of the United States government, in government agency obligations, in obligations which are legal investments for savings banks and trust companies, and in all types of savings accounts or certificates of deposit of both state or federally chartered institutions.
Source.
1981, 562:1. 1982, 9:2. 1985, 404:5. 1989, 371:4. 2007, 234:3, eff. July 1, 2007. 2013, 160:1, eff. July 28, 2013.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490 - Supreme Court › Section 490:26-d - Forms.

490:26-d Forms. –
The judicial branch administrative council appointed pursuant to supreme court rule 54 shall establish such forms for all courts as are necessary for the effective administration of justice.
Source.
1985, 341:5. 2007, 48:1, eff. July 1, 2007.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490 - Supreme Court › Section 490:26-e - Guardians Ad Litem.

490:26-e Guardians Ad Litem. –
The supreme court may establish the following relative to guardians ad litem appointed pursuant to statutory authority or any court order:
I. Standards and requirements for registration and training as a guardian ad litem.
II. Standards for practice, including but not limited to ethical rules.
III. Disciplinary procedures for violating ethical rules and requirements established under this section.
IV. Penalties for violating ethical rules and requirements including, as the court may deem necessary, fines or disciplinary action, or both.
Source.
1993, 216:1, eff. June 9, 1993.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490 - Supreme Court › Section 490:26-f - Guardian Ad Litem Services.

490:26-f Guardian Ad Litem Services. –
I. Unless otherwise provided by law, whenever a guardian ad litem is appointed or ancillary services are approved pursuant to statutory authority or court order and the responsible party or parents are indigent, the state of New Hampshire shall be responsible for compensation for such services from the general fund.
II. Notwithstanding other provisions of law to the contrary, the state, by the judicial council, may contract with any person qualified under the supreme court rules to provide guardian ad litem, ancillary, or legal services pursuant to statutory authority or court order, or with any organization approved by the supreme court to provide guardian ad litem, ancillary, or legal services. No such contract shall be effective for longer than 2 years.
III. Any guardian ad litem or guardian ad litem program shall be subject to supreme court competence and performance regulations.
IV. Notwithstanding other provisions of law to the contrary, the supreme court and executive departments statutorily responsible for compensation of guardian ad litem, ancillary, or legal services, when the responsible party or parents are indigent or the court otherwise appoints a guardian ad litem or such attorney, are authorized to effectuate budgetary transfer of funds appropriated for such services between and among themselves as they deem necessary.
V. The executive director of the judicial council, the commissioner of the department of health and human services, or the judicial branch, as may be appropriate, may authorize payments to such persons or organizations provided for under this section.
Source.
1993, 216:1. 1994, 212:2. 1995, 310:182. 1997, 351:7, eff. July 1, 1997.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490 - Supreme Court › Section 490:26-g - Guardians Ad Litem; Failure to File Required Reports.

490:26-g Guardians Ad Litem;  Failure to File Required Reports. –
A guardian ad litem who, without good cause, fails to file a report required by any court or statute by the date the report is due may be subject to a fine, established by supreme court rule, of not less than $100 and not more than the amount of costs and attorneys fees incurred by the parties to the action for the day of the hearing. The guardian ad litem shall not be subject to the fine under this section if, at least 10 days prior to the date the report is due, he or she files a motion requesting an extension of time to file the report. The court clerk shall report a guardian ad litem who fails to file a report by the date the report is due to the guardian ad litem board. The court clerk and the guardian ad litem board shall make such report available to the public.
Source.
2006, 235:1, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490 - Supreme Court › Section 490:26-h - Judicial Branch Information Technology Fund.

490:26-h Judicial Branch Information Technology Fund. –
I. Except as provided in paragraph IV:
(a) Thirty percent of each entry fee collected in the supreme, superior, and circuit courts and 16.67 percent of the penalty assessment collected pursuant to RSA 106-L:10 shall be deposited in the judicial branch information technology fund.
(b) Moneys in the fund shall be nonlapsing and continually appropriated to the supreme court for maintenance and infrastructure renewal of judicial branch information technology, including both hardware and software, as recommended by the director of the administrative office of the courts and approved by the supreme court.
II. The state treasurer shall establish procedures for deposits to and expenditures from the judicial branch information technology fund. The fund shall be a dedicated fund for the improvement of judicial branch information technology.
III. The funds on deposit in the judicial branch information technology fund shall be invested by the state treasurer in obligations of the United States government, in government agency obligations, in obligations which are legal investments for savings banks and trust companies, and in all types of savings accounts or certificates of deposit of both state or federally chartered institutions.
IV. The judicial branch shall submit a written report 60 days after the close of each fiscal year of the income and expenditures of the judicial branch information technology fund to the fiscal committee of the general court and the state treasurer. If such report is not submitted, any balance in the fund shall lapse to the general fund and the percentage of each entry fee which is designated for the judicial branch information technology fund under paragraph I shall be deposited in the general fund.
Source.
2009, 144:108, eff. July 1, 2009. 2012, 247:32, eff. Aug. 17, 2012. 2013, 88:1, eff. July 1, 2013. 2017, 206:19, eff. Sept. 8, 2017.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490 - Supreme Court › Section 490:27 - Probate Court Fees.

490:27 Probate Court Fees. –
I. Probate court fees as established by the supreme court under RSA 490:26-a shall be paid to the clerk of the applicable circuit court established in RSA 490-F for the benefit of the state.
II. The sum of $5 shall be added to each entry fee collected in the probate courts and shall be deposited in the mediation and arbitration fund established under RSA 490-E:4.
Source.
1981, 310:1. 1983, 383:19. 2002, 198:2. 2005, 246:3. 2007, 344:3, eff. July 1, 2007. 2011, 88:9, eff. July 1, 2011.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490 - Supreme Court › Section 490:27-a - Validity of Faxed or Electronic Warrants and Orders.

490:27-a Validity of Faxed or Electronic Warrants and Orders. –
Search warrants, arrest warrants, detention orders pursuant to RSA 169-B, placement orders pursuant to RSA 169-C or RSA 169-D, or domestic violence temporary and final orders may be applied for and issued by facsimile or electronic transmission. The original documents, including the warrant application, the warrant, and the supporting affidavit must be received by the court having jurisdiction over the matter within 5 calendar days. The requesting agency shall forward a copy of the application, warrant, supporting affidavit and any other documents to the issuing judge or magistrate by the next business day. For purposes of this section, any oath required in the issuance of said warrants or orders may be taken by the judge or magistrate telephonically or by other means of telecommunication or electronic communication, and may include the use of an electronic signature. The issuing judge or magistrate shall be responsible for memorializing the substance of any oral statements under oath supplementing the affidavit, as provided in RSA 595-A:4.
Source.
1996, 244:1. 2005, 76:2, eff. Jan. 1, 2006.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490 - Supreme Court › Section 490:28 - Benefits of Nonjudicial Employees.

490:28 Benefits of Nonjudicial Employees. –
I. Except as provided in a collective bargaining agreement under RSA 273-A, full-time nonjudicial employees of the judicial branch shall, effective January 1, 1984, receive all fringe benefits and salary increases as provided for classified state employees including membership in the state retirement system, health insurance, dental insurance, life insurance coverage, and annual and sick leave benefits. Annual and sick leave benefits accumulated by said employees, as a result of service prior to January 1, 1984, shall be transferable under such guidelines as may be established by the supreme court unless covered in a collective bargaining agreement under RSA 273-A.
II. Any full-time judicial branch employee who transfers from the judicial branch to state service in the executive branch or the legislative branch, without a break in service, may transfer all earned annual leave, sick leave, longevity pay, and bonus time already accumulated in the judicial branch, to the receiving branch of state government. The maximum amount of accumulated annual and sick leave that may be transferred shall be limited to the amount of annual and sick leave that employees of the receiving branch may accumulate, the rate of accrual shall be according to continuous years worked and, upon transfer, the employee's rate of accrual shall be the rate of accrual of the receiving branch. No leave granted at the outset of service, or without a relationship to the length of employment shall be included in earned leave.
Source.
1983, 381:3. 2001, 170:5, eff. Jan. 1, 2002. 2010, 11:1, eff. July 6, 2010. 2011, 93:1, eff. July 26, 2011.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490 - Supreme Court › Section 490:28-a - Applicability.

490:28-a Applicability. –
The provisions of RSA 490:28 shall apply to all individuals who are state employees as of the effective date of this section, who previously transferred from the judicial branch to the executive branch.
Source.
2010, 11:2, eff. July 6, 2010.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490 - Supreme Court › Section 490:29 - Retirement of Nonjudicial Employees.

490:29 Retirement of Nonjudicial Employees. –
I. Notwithstanding any other provision of law, all full-time nonjudicial employees of the judicial branch shall, effective January 1, 1984, be eligible for membership in the New Hampshire retirement system. Employees who elect to become members of the New Hampshire retirement system shall not be eligible for membership in the local retirement system, except that nothing herein shall prevent an employee from returning a vested interest in a local retirement system. The 6 month probationary period normally in effect shall be waived for all full-time nonjudicial employees who are employed by the court system on January 1, 1984. All nonjudicial personnel hired after January 1, 1984, shall become members of the New Hampshire retirement system following the normally required probationary period.
II. Any such employee who is currently a member of a retirement system other than the New Hampshire retirement system may elect in writing to remain in the local retirement system by notifying the supreme court and the local governing body on or before December 1, 1983. Employees so electing shall be considered employees of the local governing body for inclusion in the local retirement system only. The state, after such election, shall pay into the local retirement system monthly all sums which would otherwise become payable by the local governing body into the local retirement system as its contributory share toward the retirement of said employee; provided, however, that the contributory share shall not exceed the average percentage of the local governing body's annual contributions for all employees for the 3 years preceding January 1, 1984. The state shall withhold from the salary of any such employee the employee's contributory share into the local retirement system and shall pay monthly the amount so withheld to the local governing body for deposit in the local retirement system on behalf of such employee. Employees electing to continue as members of local retirement systems shall not be eligible for membership in the New Hampshire retirement system.
III. Notwithstanding any other provision of law to the contrary, all fulltime nonjudicial employees who elect to become members of the New Hampshire retirement system may purchase prior service credits for those years during which they were employed as full-time court employees. Prior service credit in the New Hampshire retirement system equal to the membership service in a local retirement system may be purchased upon certification that the member is not eligible for benefits from the local retirement system.
IV. All full-time nonjudicial employees who have prior service as a full-time court employee of a county or municipality prior to January 1, 1984 may include such full-time court service in the calculation of creditable service as a state employee under RSA 21-I:30, VI(b).
Source.
1983, 381:3; 382:22. 2008, 4:1, eff. May 24, 2008. 2012, 175:5, eff. July 1, 2012.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490 - Supreme Court › Section 490:30-a - Access to Information; Hearings on Confidential Cases.

490:30-a Access to Information;  Hearings on Confidential Cases. –
I. In this section, "committee" means the committee on judicial conduct established by rules of the supreme court.
II. Notwithstanding any other provision of law to the contrary, a person subject to the code of judicial conduct may provide to the executive secretary of the committee, for the use of the members of the committee and its staff and agents in the performance of their official duties, any tapes, transcripts, records of proceedings, information, files, and other documents which would otherwise be confidential. No member, staff, or agent of the committee shall disclose such information except in the course of official duty.
III. In any hearing before the committee, the committee may, by majority vote, conduct the hearing in a session not open to the public with respect to any part of the complaint involving the conduct of a person in a case required by law to be confidential. In such circumstances the committee shall make available to the public a summary of the nature of the complaint, the names of the person complained against, and the complainant, and the decision of the committee.
Source.
2005, 129:1, eff. Jan. 1, 2006.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490 - Supreme Court › Section 490:31 - Court-Ordered Costs; Authorization for Payment of Expenses.

490:31 Court-Ordered Costs;  Authorization for Payment of Expenses. –
In those instances where the courts have the authority to order services to be rendered and the responsibility for payment is unclear, the court shall assume said responsibility.
Source.
1989, 243:2, eff. May 24, 1989.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490 - Supreme Court › Section 490:33 - to 490:35 Repealed by 2005, 177:18, I, eff. July 1, 2005 at 12:01 a.m.

490:33 to 490:35 Repealed by 2005, 177:18, I, eff. July 1, 2005 at 12:01 a.m. –
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490-A - Unified Court System › Section 490-A:2 - Chief Justices of the Supreme and Superior Courts.

490-A:2 Chief Justices of the Supreme and Superior Courts. –
The chief justice of the supreme court, with the advice and consent of the chief justice of the superior court in respect to all matters affecting the superior court, shall be responsible for supervising the efficient operation of all courts in New Hampshire. In meeting this responsibility, the chief justices shall receive the advice and cooperation of all persons and bodies interested in the administration of justice, including, but not limited to, the justices of all courts in New Hampshire, the judicial council, the administrative committee of probate courts, the New Hampshire probate judges association, the New Hampshire superior court clerks association, the court accreditation commission, the New Hampshire Bar Association, and all county and local bar associations.
Source.
1971, 459:1. 2006, 267:1, eff. June 9, 2006.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490-A - Unified Court System › Section 490-A:3 - Authority Granted.

490-A:3 Authority Granted. –
I. The chief justice of the supreme court, with the advice and consent of the chief justice of the superior court in respect to all matters affecting the superior court, shall have the duties, power and authority to:
(a) Issue rules to provide for the expeditious disposition of all litigated matters, not inconsistent with any rules adopted pursuant to RSA 490:4 and RSA 491:10;
(b) Recommend provisions for adequate staff and personnel, including court administrators and stenographers, to meet increasing case loads;
(c) Recommend in formal oral or written address to each session of the general court such legislation as he deems necessary to improve the administration of justice in New Hampshire;
(d) Issue rules requiring the keeping of regular records as to the number, nature, and disposition of all matters handled by each judge at each level of the court system;
(e) Supervise and direct the work of the court accreditation commission;
(f) Issue such other rules as may be necessary for the improvement of the administration of justice, not inconsistent with any rules adopted pursuant to RSA 490:4 and RSA 491:10.
II. In carrying out the duties imposed by paragraph I, the chief justices may seek the advice and assistance of all persons and bodies interested in the administration of justice in New Hampshire, including, but not limited to, those listed in RSA 490-A:2.
Source.
1971, 459:1, eff. Aug. 29, 1971.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490-B - Court Facilities › Section 490-B:1 - Statement of Purpose.

490-B:1 Statement of Purpose. –
It is the intention of the legislature and the purpose of this chapter to improve the administration of justice and the efficient operation of all courts in this state by providing suitable court facilities and by transferring the cost for said facilities from local units of government to the state, effective January 1, 1986.
Source.
1985, 404:1, eff. Aug. 26, 1985.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490-B - Court Facilities › Section 490-B:2 - Definitions.

490-B:2 Definitions. –
In this chapter:
I. "Costs" means any expenses directly attributable to the court, including, but not limited to, maintenance of the facility, heat, light, and insurance.
II. "Facility" means any area used for the operation of a court.
Source.
1985, 404:1, eff. Aug. 26, 1985.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490-B - Court Facilities › Section 490-B:3 - Responsibilities.

490-B:3 Responsibilities. –
The state, through the department of administrative services, shall provide and maintain suitable court facilities for the conduct of all court sessions held within each judicial district and county, subject to the availability of appropriated funds. The supreme court shall make recommendations to the department of administrative services as to suitable court facilities, and said facilities shall be accessible for the conduct of court business at times and under conditions deemed appropriate by the supreme court.
Source.
1985, 404:1. 1989, 371:5, eff. July 1, 1989.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490-B - Court Facilities › Section 490-B:4 - Facilities Plan.

490-B:4 Facilities Plan. –
Before March 1 of each year, the supreme court shall submit a report to the commissioner of administrative services setting forth the space and facility operating requirements for each court location.
Source.
1985, 404:1. 1989, 371:6. 2007, 306:2, eff. July 13, 2007.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490-B - Court Facilities › Section 490-B:5 - Included in Budget Request.

490-B:5 Included in Budget Request. –
I. Beginning with the moneys to be appropriated for fiscal year 1988, the supreme court shall include in each budget request sufficient funding to continue the state financing of court facilities.
II. The amount to be paid for each court facility shall be negotiated by the department of administrative services and shall be subject to final approval by the governor and council or the department of administrative services, whichever is applicable under statutes, rules, or the procedures of governor and council.
Source.
1985, 404:1, eff. Aug. 26, 1985; 411:11, eff. Sept. 1, 1985. 2011, 196:1, eff. June 14, 2011.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490-C - Guardian Ad Litem Board › Section 490-C:1 - Board Established.

490-C:1 Board Established. –
There is hereby established a guardian ad litem board which shall be responsible for overseeing the credentialing and activities, and discipline of guardians ad litem in New Hampshire who are or have been certified by the board.
Source.
2002, 206:1. 2006, 223:1, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490-C - Guardian Ad Litem Board › Section 490-C:2 - Membership.

490-C:2 Membership. –
I. The board shall consist of the following members:
(a) One member representing the New Hampshire supreme court, appointed by the chief justice of the New Hampshire supreme court.
(b) One member of the senate, appointed by the president of the senate.
(c) One member of the house, appointed by the speaker of the house.
(d) The executive director of the New Hampshire judicial council.
(e) One member of Court Appointed Special Advocates (CASA), nominated by the director of CASA and appointed by the governor.
(f) One member representing the division of children, youth, and families, or Casey family services, or another child protection agency in the state, appointed by the governor.
(g) One member representing the interests of guardians ad litem, appointed by the governor.
(h) Two members of the general public representing the interests of those individuals receiving the services of guardians ad litem, appointed by the governor. The public members shall be individuals who are not, and never have been, members of the guardian ad litem profession or the spouse of any such person. The public members shall not have, and shall never have had, a material financial interest in either the provision of guardian ad litem services or an activity directly related to guardian ad litem services, including the representation of the board or its predecessor or the profession for a fee at any time during the 5 years preceding the date of appointment.
II. The members of the board shall serve without compensation.
III. All members of the board shall be New Hampshire residents.
Source.
2002, 206:1, eff. May 16, 2002. 2023, 212:45, eff. Oct. 3, 2023.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490-C - Guardian Ad Litem Board › Section 490-C:3 - Terms of Appointment; Organization; Meetings.

490-C:3 Terms of Appointment;  Organization;  Meetings. –
I. (a) The terms of the member representing the New Hampshire supreme court, the member representing CASA, and the member representing the child protection agency shall be for 5 years and until a successor is appointed; provided, however, that the term of the member representing CASA shall expire if he or she ceases to be a member of CASA. The terms of the members representing the senate and house and the term of the executive director of the judicial council shall be concurrent with their terms of office. The terms of the members appointed under RSA 490-C:2, I(g) and (h) shall be for 3 years and until a successor is appointed. Vacancies in board membership shall be filled in the same manner as the original appointment.
(b) All initial appointments to the board shall be made within 60 days of the effective date of this section.
(c) Notwithstanding the provisions of subparagraph (a), any member who is absent from at least 3 consecutive meetings of the board may be replaced by such member's appointing authority.
II. The board shall elect a chairperson and a secretary from among its members.
III. The board shall conduct regular meetings on a monthly basis or at such other times as may be determined by the board or its chairperson.
IV. A simple majority of the board members currently serving shall constitute a quorum. Whenever a quorum of the board is unable to address a particular matter or hear a particular case requiring action by the board, the members of the board who are able to act may appoint one or more former members as alternates to address the matter or hear the case, starting with the most recent members to leave the board and proceeding in reverse chronological order of former members.
Source.
2002, 206:1. 2004, 189:6. 2006, 223:2, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490-C - Guardian Ad Litem Board › Section 490-C:5 - Rulemaking Authority.

490-C:5 Rulemaking Authority. –
I. The board shall adopt rules, pursuant to RSA 541-A, relative to the following:
(a) The application criteria for certification, renewal of certification, recertification, and reinstatement of certification.
(b) Eligibility requirements and criteria for certification, recertification, reinstatement, and renewal of certification.
(c) Training requirements.
(d) Educational and continuing educational requirements.
(e) The ethical standards and standards of practice for guardians ad litem certified in New Hampshire.
(f) [Repealed.]
(g) [Repealed.]
(h) [Repealed.]
II. The board may adopt rules, pursuant to RSA 541-A, relative to the following:
(a) The application or certification requirements and criteria for temporary or conditional certification or both, including but not limited to procedures and requirements regarding the circumstances and manner in which individuals may be temporarily or conditionally certified or both, the term and duration of conditional or temporary certification or both, and the ethical standards and standards of practice applicable to persons so certified.
(b) Procedures for the reporting of activities conducted by guardians ad litem appointed in New Hampshire.
(c) [Repealed.]
(d) [Repealed.]
(e) Requirements relating to the resignation or surrender of certification, including but not limited to the circumstances or conditions under which a certified guardian ad litem may resign or surrender his or her certification.
(f) [Repealed.]
(g) [Repealed.]
Source.
2002, 206:1. 2004, 189:2. 2006, 223:4, eff. Jan. 1, 2007. 2021, 197:167, eff. July 1, 2021. 2023, 212:48, 49, II, eff. Oct. 3, 2023.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490-C - Guardian Ad Litem Board › Section 490-C:5-a - Certification.

490-C:5-a Certification. –
I. To be eligible for initial certification, recertification, reinstatement, or renewal of certification, as a guardian ad litem under this chapter, an applicant shall be of good character and shall meet such criteria or requirements as may be established by the board.
II. Certification issued by the board shall be valid for 3 years from the date of issuance, and shall expire 3 years from the date of issuance, unless renewed or reissued pursuant to rules adopted by, and upon payment of fees established in, the rules of the board.
III. If timely and sufficient application has been made in accordance with board rules for renewal of certification, the existing certification shall not expire until the board has taken final action on the application for renewal.
IV. Conditional or temporary certification as a guardian ad litem under this chapter shall be according to such criteria, terms, requirements, and procedures, and for such duration, as may be established by the board.
Source.
2004, 189:3. 2006, 223:5, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490-C - Guardian Ad Litem Board › Section 490-C:5-c - Immunity From Civil and Criminal Actions.

490-C:5-c Immunity From Civil and Criminal Actions. –
I. Without waiver of the state's sovereign immunity, and in addition to any further protections provided by law, no civil action shall be maintained against the board or any member of the board, its representatives or agents, including but not limited to presiding officers and investigators, or its employees, for, or by reason of, any statement, report, communication, disclosure, testimony, investigation, hearing, determination, or other action or omission undertaken in the good faith performance of official duties believed authorized under this chapter.
II. In addition to paragraph I, the board, members of the board, the board's representatives and agents, including but not limited to presiding officers and investigators, and its employees, shall be immune from criminal action or penalties, and actions or penalties for the alleged commission of a violation, for the disclosure of confidential information, including but not limited to actions under laws imposing penalties for the disclosure of certain information in cases in which a guardian ad litem may be involved, or any law relative to the confidentiality of records, documents, or communications, provided that such action was undertaken in the good faith performance of official duties believed authorized under this chapter. This immunity shall not apply to actions commenced under RSA 490-C:5-b, IX, except in the case of communications between the board, its members, its representatives, or its agents, and a court.
Source.
2004, 189:3. 2006, 223:7, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490-C - Guardian Ad Litem Board › Section 490-C:6 - Court Appointed Special Advocates.

490-C:6 Court Appointed Special Advocates. –
Court Appointed Special Advocates (CASA) of New Hampshire shall be accountable to the guardian ad litem board for complying with the training requirements established by the board under RSA 490-C:5, I(d) and for the actions of its volunteer members who are appointed by the court as guardians ad litem.
Source.
2002, 206:1. 2004, 189:4. 2006, 223:8, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490-C - Guardian Ad Litem Board › Section 490-C:8 - Repealed by 2023, 212:49, III, eff. Oct. 3, 2023.

490-C:8 Repealed by 2023, 212:49, III, eff. Oct. 3, 2023. –
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490-D - Judicial Branch Family Division › Section 490-D:1 - Judicial Branch Family Division Established.

490-D:1 Judicial Branch Family Division Established. –
The general court hereby organizes, constitutes, and establishes the judicial branch family division. The goals of the family division are the respectful treatment of all citizens by justices, marital masters, and other family division staff, the prompt and fair resolution of family issues by justices and marital masters specially selected and trained to deal effectively with such issues, the use of alternative dispute resolution to reduce the adversarial nature of proceedings involving families, and the assignment of all family matters of a single family to one family division justice or marital master located in a family division court that is geographically accessible to the family.
Source.
2005, 177:14, eff. July 1, 2005.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490-D - Judicial Branch Family Division › Section 490-D:2 - Jurisdiction.

490-D:2 Jurisdiction. –
Notwithstanding any law to the contrary and except for the limited need to allow an existing case to proceed with the same judge who had presided over it before the implementation of the judicial branch family division, following implementation of the division at a division site in accordance with RSA 490-D:5, jurisdiction over the following matters shall be exclusively exercised through the judicial branch family division as procedurally jurisdiction was previously exercised in the superior, district, and probate courts:
I. Petitions for divorce, nullity of marriage, alimony, custody of children, support, and to establish paternity.
II. Actions for support or custody for children of unwed parties.
III. Actions under RSA 169-B, relating to delinquent children except for concurrent jurisdiction with the district court to enter temporary detention orders under RSA 169-B:11, III and 169-B:12, IV(b).
IV. Actions under RSA 169-C, relating to abused and neglected children except for concurrent jurisdiction with the district court to enter orders under RSA 169-C:6, VI and RSA 169-C:6-a.
V. Actions under RSA 169-D, relating to children in need of services except for concurrent jurisdiction with the district court to enter orders under RSA 169-D:8, I, RSA 169-D:9-a, and RSA 169-D:10.
VI. Actions under RSA 173-B, relating to protection of persons from domestic violence except for concurrent jurisdiction with the district division to enter temporary protective orders under RSA 173-B:4.
VII. The adoption of children in abuse and neglect cases pursuant to RSA 169-C, termination of parental rights cases pursuant to RSA 170-C, and guardianships of the person of minors pursuant to paragraph VIII. Jurisdiction over private, agency, and international adoptions shall remain with the probate court.
VIII. The guardianship of the person of minors. In cases involving the guardianship of both the person of a minor and the estate of the same minor, jurisdiction shall remain with the probate court.
IX. The termination of parental rights.
X. The change of names of persons who apply therefor in matters relating to jurisdiction in paragraphs I-IX.
Source.
2005, 177:14, eff. July 1, 2005. 2013, 62:9, eff. Jan. 1, 2014.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490-D - Judicial Branch Family Division › Section 490-D:3 - Equity Jurisdiction.

490-D:3 Equity Jurisdiction. –
Notwithstanding any law to the contrary, the judicial branch family division shall have the powers of a court of equity in cases where subject matter jurisdiction lies with the judicial branch family division. Suits in equity where subject matter jurisdiction lies with the judicial branch family division including, but not limited to, petitions for divorce, nullity of marriage, alimony, custody of children, support, and other similar proceedings may be heard upon oral testimony or depositions, or both, or when both parties consent, or service having been made and a notice of the time and place of the hearing having been given, when both parties appear. Such suits may be heard by any justice of the judicial branch family division at any time, but nothing contained in this section shall be construed as limiting the power of the judicial branch family division to have issues of fact framed and tried by a jury, according to the rules in equity, or the course of such proceedings at common law.
Source.
2005, 177:14, eff. July 1, 2005.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490-D - Judicial Branch Family Division › Section 490-D:5 - Implementation Plan.

490-D:5 Implementation Plan. –
On the effective date of this chapter, the judicial branch family division shall be operational in Grafton and Rockingham counties. For the remaining counties, the judicial branch family division shall be made operational by order of the supreme court, generally in the order listed in RSA 490-D:4.
Source.
2005, 177:14, eff. July 1, 2005.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490-D - Judicial Branch Family Division › Section 490-D:7 - Nominations and Appointments of Marital Masters.

490-D:7 Nominations and Appointments of Marital Masters. –
I. The administrative judge of the judicial branch family division, 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, 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.
Source.
2005, 177:14. 2008, 128:1, eff. June 3, 2008.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490-D - Judicial Branch Family Division › Section 490-D:8 - Qualifications of Marital Masters.

490-D:8 Qualifications of Marital Masters. –
I. Marital masters shall possess the following qualifications:
(a) Professional experience in family law matters.
(b) Legal and personal qualities including, but not limited to:
(1) Knowledge of family matters, including related matters such as tax and pension law;
(2) Personal maturity so as to understand and make decisions on matters before the court; and
(3) Personal qualities of patience and understanding of the difficult personal matters which are the subject of divorce and a willingness to deal with complex family matters in a non-adversarial manner.
II. Each marital master shall complete a course in court process and procedures and mediation and negotiation.
Source.
2005, 177:14, eff. July 1, 2005.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490-D - Judicial Branch Family Division › Section 490-D:9 - Recommendations of Marital Masters.

490-D:9 Recommendations of Marital Masters. –
All recommendations of marital masters shall be signed by a judge. The judge signing such recommendations shall certify that he or she has read the recommendations and agrees that the marital master has applied the correct legal standard to the facts determined by the marital master.
Source.
2005, 177:14, eff. July 1, 2005. 2010, 320:1, eff. Jan. 1, 2011.