reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490-D - Judicial Branch Family Division › Section 490-D:12 - Judicial Branch Family Division Clerks; Fees.

490-D:12 Judicial Branch Family Division Clerks;  Fees. –
I. [Repealed.]
II. 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. 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.
III. The sum of $5 shall be added to each entry fee collected 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.
Source.
2005, 177:14. 2007, 234:4. 2008, 123:1. 2009, 144:296, eff. July 1, 2009. 2011, 88:2, 29(4), eff. July 1, 2011. 2013, 88:3, eff. July 1, 2013.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490-D - Judicial Branch Family Division › Section 490-D:14 - Statutory References.

490-D:14 Statutory References. –
During the implementation of the judicial branch family division, references in statutes involving the jurisdiction of the division to the superior, district, or probate courts shall be deemed to include the judicial branch family division. Following the full implementation of the division, those references shall be deemed to be to the judicial branch family division where it has exclusive jurisdiction of a subject matter and to the superior, district, or probate court and the judicial branch family division where the judicial branch family division has concurrent jurisdiction with one or more of those courts.
Source.
2005, 177:14, eff. July 1, 2005.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490-E - Office of Mediation and Arbitration › Section 490-E:2 - Duties.

490-E:2 Duties. –
The office of mediation and arbitration shall:
I. Guide the development of alternative dispute resolution programs;
II. Promote alternative dispute resolution solutions;
III. Serve as an alternative dispute resolution resource to courts;
IV. Support the administration of alternative dispute resolution programs in all courts; and
V. Facilitate voluntary pre-suit mediation or arbitration services, in accordance with rules adopted by the supreme court, as an option in cases which would otherwise be filed in the trial courts.
Source.
2007, 344:2. 2009, 136:1, 2, eff. June 29, 2009.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490-E - Office of Mediation and Arbitration › Section 490-E:4 - Mediation and Arbitration Fund.

490-E:4 Mediation and Arbitration Fund. –
I. There is hereby established in the state treasury a separate fund to be known as the mediation and arbitration fund, which shall be used to help fund paid mediation and arbitration in the judicial branch and support the operation of the office of mediation and arbitration. The fund shall consist of:
(a) All moneys collected pursuant to RSA 461-A:7, X, RSA 490:27, II, RSA 490-D:12, III, RSA 503:4, II, and RSA 502-A:28, III.
(b) Any moneys appropriated to the fund by the general court.
(c) Any moneys collected by the office of mediation and arbitration from fees, grants, and other contributions, gifts, bequests, and donations.
II. Moneys in the mediation and arbitration fund shall be nonlapsing and continually appropriated to the office of mediation and arbitration for costs of mediation and arbitration programs.
Source.
2007, 344:2. 2008, 123:2. 2009, 253:1, eff. Jan. 1, 2010. 2011, 224:71, eff. July 1, 2011.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490-E - Office of Mediation and Arbitration › Section 490-E:5 - Immunity From Civil Liability.

490-E:5 Immunity From Civil Liability. –
No mediator, arbitrator, or other neutral party involved in dispute resolution under contract with the New Hampshire judicial branch or qualified intern acting under the direct supervision of a supervisor under contract with the New Hampshire judicial branch shall be held liable for civil damages for any aspect of judicial branch dispute resolution processes, unless such person acted willfully.
Source.
2007, 344:2, eff. July 1, 2007. 2022, 220:13, eff. Aug. 16, 2022.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490-E - Office of Mediation and Arbitration › Section 490-E:6 - Quality Assurance Program.

490-E:6 Quality Assurance Program. –
I. The office of mediation and arbitration may establish a quality assurance program to support the administration of alternative dispute resolution programs in all courts. The program may include, but is not limited to:
(a) Investigating and resolving complaints about alternative dispute resolution programs in all courts, including services or assistance provided by the office or a neutral party approved by the judicial branch; and
(b) Monitoring and evaluating the appropriateness of alternative dispute resolution services provided by the office or a neutral party approved by the judicial branch so that problems or trends in the delivery of services are identified and steps to correct problems can be taken.
II. The office of mediation and arbitration may request information about an alternative dispute resolution program in the courts. Any information received by the office may be shared only within the judicial branch and such information shall otherwise be confidential and privileged as provided by law, rule, or order.
III. Records of the office's quality assurance program, including records of interviews, internal reviews or investigations, reports, statements, minutes, and other documentation, shall be confidential and shall be protected from direct or indirect discovery, subpoena, or admission into evidence in any judicial or administrative proceeding.
IV. No person who provides information as part of the quality assurance program shall be held liable in any action for damages or other relief arising from such provision of information.
Source.
2021, 207:2, Pt. II, Sec. 1, eff. Oct. 9, 2021.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490-F - Circuit Court › Section 490-F:1 - Purpose.

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.
Source.
2011, 88:1, eff. July 1, 2011.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490-F - Circuit Court › Section 490-F:2 - Circuit Court; General.

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 requires in the discretion of the administrative judge of the circuit court.
Source.
2011, 88:1, eff. July 1, 2011.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490-F - Circuit Court › Section 490-F:3 - Circuit Court Divisions.

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.
Source.
2011, 88:1, eff. July 1, 2011.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490-F - Circuit Court › Section 490-F:3-a - District Division; Criminal Cases.

490-F:3-a District Division;  Criminal Cases. –
Notwithstanding the jurisdictional provisions of RSA 592-B:1, the circuit court - district division shall have jurisdiction to arraign defendants charged with felony offenses and to hold a preliminary examination to determine whether probable cause exists to believe the offense was committed and the defendant committed the offense, and if so, to be bound over to the superior court for further proceedings. The supreme court shall adopt such rules as may be required to effect the purpose of this section.
Source.
2022, 268:1, eff. Jan. 1, 2024.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490-F - Circuit Court › Section 490-F:4 - Circuit Court Locations.

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. Strafford county
seventh circuit
VIII. Cheshire county
eighth circuit
IX. Hillsborough county
ninth circuit
X. Rockingham county
tenth circuit
Source.
2011, 88:1, eff. July 1, 2011.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490-F - Circuit Court › Section 490-F:5 - Circuit Court Judges and Masters; Appointment; Tenure.

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.
Source.
2011, 88:1, eff. July 1, 2011.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490-F - Circuit Court › Section 490-F:7 - Circuit Court Judges; Number.

490-F:7 Circuit Court Judges;  Number. –
I. Except as provided in paragraph II, 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.
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.
Source.
2011, 88:1, eff. July 1, 2011. 2013, 89:1, eff. June 20, 2013.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490-F - Circuit Court › Section 490-F:8 - Circuit Court Judges; Retired Judges.

490-F:8 Circuit Court Judges;  Retired Judges. –
I. Nothing in this chapter shall limit the ability of retired judges under 70 years of age of the former district and probate courts or of the circuit court to elect senior active status or of such retired judges 70 years of age and older to serve as judicial referees 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 judicial referees on the effective date of this chapter shall maintain such eligibility.
III. The assignment and certification provisions of this chapter shall apply to senior active judges and retired judges acting as judicial referees.
Source.
2011, 88:1, eff. July 1, 2011.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490-F - Circuit Court › Section 490-F:9 - Disqualifications of Judges.

490-F:9 Disqualifications of Judges. –
No judge or clerk of any division 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 associated with such a judge in the practice of law shall be permitted to practice in the division at the circuit court site in which the judge is assigned.
Source.
2011, 88:1, eff. July 1, 2011. 2012, 129:1, eff. Aug. 4, 2012.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490-F - Circuit Court › Section 490-F:10 - Full-Time Circuit Court Judges.

490-F:10 Full-Time Circuit Court Judges. –
A circuit court judge designated to be full-time under RSA 490-F:7, 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.
Source.
2011, 88:1, eff. July 1, 2011.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490-F - Circuit Court › Section 490-F:11 - Judicial Branch Budget Request.

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 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 July 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.
Source.
2011, 88:1, eff. July 1, 2011. 2015, 109:2, eff. June 5, 2015.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490-F - Circuit Court › Section 490-F:12 - Part-Time Judges; Salary Calculation.

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.
Source.
2011, 88:1, eff. July 1, 2011.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490-F - Circuit Court › Section 490-F:13 - Circuit Court Clerks; Appointment.

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.
Source.
2011, 88:1, eff. July 1, 2011.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490-F - Circuit Court › Section 490-F:14 - Staff.

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.
Source.
2011, 88:1, eff. July 1, 2011.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490-F - Circuit Court › Section 490-F:15 - Referees.

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.
Source.
2011, 88:1, eff. July 1, 2011.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490-F - Circuit Court › Section 490-F:16 - Alternative Dispute Resolution.

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.
Source.
2011, 88:1, eff. July 1, 2011.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490-F - Circuit Court › Section 490-F:17 - Existing Procedure Applicable.

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.
Source.
2011, 88:1, eff. July 1, 2011.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490-F - Circuit Court › Section 490-F:18 - Statutory References.

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.
Source.
2011, 88:1, eff. July 1, 2011.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490-F - Circuit Court › Section 490-F:19 - Implementation Plan.

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 and approved by the supreme court.
Source.
2011, 88:1, eff. July 1, 2011.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490-G - Drug Courts and Alternative Drug Offender Grant Program › Section 490-G:1 - Purpose; Policy and Goals.

490-G:1 Purpose;  Policy and Goals. –
I. The legislature recognizes that a critical need exists in this state for the criminal justice system to reduce the incidence of substance abuse and the crimes resulting from it. For the criminal justice system to maintain credibility, all drug offenders must be held accountable for their actions. A growing body of research demonstrates the impact of substance abuse on public safety, personal health and health care costs, the spread of communicable disease, educational performance and attainment, work force reliability and productivity, family safety, and financial stability. Requiring that accountability and rehabilitating treatment, in addition to or in place of, conventional and expensive incarceration, will promote public safety, the welfare of the individuals involved, reduce the burden upon the public treasury and benefit the common welfare of this state. The goals of this chapter shall include:
(a) To enhance community safety and quality of life for citizens;
(b) To reduce recidivism;
(c) To reduce substance abuse;
(d) To increase the personal, familial, and societal accountability of drug offenders;
(e) To restore drug offenders to productive, law-abiding, and taxpaying citizens;
(f) To promote effective interaction and use of resources among criminal justice and community agencies;
(g) To reduce the costs of incarceration; and
(h) To improve the efficiency of the criminal justice system by enacting an effective methodology.
II. While working in drug court reshapes the traditional roles of judges and lawyers, ethical duties do not significantly differ from those in traditional courtrooms. Drug court judges and lawyers must adhere to the standards set forth in the Model Code of Judicial Conduct, the Model Rules of Professional Conduct, the American Bar Association Standards of Criminal Justice, and the Model Drug Offender Accountability and Treatment Act. The proper exercise of the roles of judge or lawyer in the drug court need not conflict with the professionals' ethical obligations and can enable judges and attorneys to fulfill the highest aspirations of their professional ethics while embarking on an innovative way to break the cycle of substance abuse and crime. Drug court judges and attorneys must remain continually cognizant of the due process rights guaranteed to all citizens and the state's substantial interest in maintaining effective and efficient judicial and penal systems.
Source.
2012, 218:1, eff. Jan. 1, 2013.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490-G - Drug Courts and Alternative Drug Offender Grant Program › Section 490-G:3 - Definitions.

490-G:3 Definitions. –
In this subdivision:
I. "Alternative drug offender program" means a program offered by a county as an alternative to operating a drug court for nonviolent offenders including diversion programs and programs utilizing intensive probation, random drug testing, and evidence-based cognitive therapy.
II. "Best practices" means research-based, specific, practitioner-focused drug court guidance published by the National Association of Drug Court Professionals. For alternative drug offender programs, best practices include evidence-based programs which divert nonviolent offenders out of the criminal justice system or utilize intensive probation supervision, sanctions, and behavior therapy to address behavior.
III. "Office" means the office of drug offender program coordinator within the administrative office of the superior court.
IV. "Drug court" means drug courts as described in RSA 490-G:1 and RSA 490-G:2.
Source.
2016, 264:2, eff. June 15, 2016.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490-G - Drug Courts and Alternative Drug Offender Grant Program › Section 490-G:4 - Grant Program Created.

490-G:4 Grant Program Created. –
I. There is established a statewide drug offender grant program which shall provide state matching funds as appropriated to support drug courts or alternative drug offender programs in state superior court districts. The grant program shall be available to counties operating either a drug court or an alternative drug offender program prior to the effective date of this section, and to counties that have not yet implemented a drug court or an alternative drug offender program. A county shall be eligible for a drug court or an alternative drug offender grant, but not both. Beginning in fiscal year 2018, the statewide drug offender grant program shall continue as long as it is funded through appropriations in the state operating budget.
II. There is established the office of drug offender program coordinator within the administrative office of the superior court. The office shall be responsible for developing an application process by which counties may apply for a state grant and evaluating the operating drug courts and alternative drug offender programs. Subject to approval of the chief justice of the superior court, the office shall:
(a) Determine approval requirements including the New Hampshire drug court and alternative drug offender program approval checklists. Prior to accepting applications for grants, the approval checklists shall be posted on the judicial branch website. The checklists shall be updated on the website as revisions are made.
(b) Establish and periodically update best practices for operating drug courts and alternative drug offender programs.
(c) Develop draft policies and procedures including a participant handbook, program outline, and implementation plan.
(d) Measure recidivism rates and other outcome measures.
(e) Evaluate compliance with relevant standards.
(f) Assist in creating drug courts or alternative drug offender programs in counties seeking to implement or continue either of them.
(g) Assist counties in obtaining ongoing training.
III. A county operating a drug court or alternative drug offender program which is not funded by the judicial branch pursuant to RSA 592-B:9, or which seeks to establish such a program, may be eligible for a state grant which shall pay 50 percent of the cost up to the amounts indicated in RSA 490-G:5, I from funds administered by the administrative office of the superior court. The remaining cost shall be funded by the county.
Source.
2016, 264:2, eff. June 15, 2016.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490-G - Drug Courts and Alternative Drug Offender Grant Program › Section 490-G:6 - Report.

490-G:6 Report. –
Beginning with a report due on or before January 1, 2018, the office of drug offender program coordinator shall prepare an annual report on the activities, expenditures, and outcome measures for the drug offender grant program, and the operation of drug courts or alternative drug offender programs. The report shall include the information provided by each county and shall be presented by state superior court district and on a statewide basis. The report shall be forwarded to the speaker of the house of representatives, the president of the senate, and the office of the legislative budget assistant to be posted on the website of the office of the legislative budget assistant. If the required report is not provided by January 30 in any year, the drug courts and alternative drug offender grant program shall be suspended until such report is provided.
Source.
2016, 264:2, eff. June 15, 2016.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490-H - Mental Health Courts › Section 490-H:1 - Purpose; Policy and Goals.

490-H:1 Purpose;  Policy and Goals. –
I. The general court recognizes the critical need in this state for the criminal justice system to identify effective sentencing options when an offender has committed a crime that is a result of or related to mental illness. All offenders must be held accountable for their actions. However, a growing body of research demonstrates that traditional sentencing options may not be effective if an offender has a mental illness. Requiring that accountability and rehabilitative treatment, in addition to or in place of, conventional and expensive incarceration, will promote public safety, promote the welfare of the individuals involved, reduce the burden upon the public treasury, and benefit the common welfare of this state. The goals of this chapter shall include:
(a) Enhancing community safety and quality of life for citizens;
(b) Reducing recidivism;
(c) Increasing the accountability of offenders;
(d) Restoring offenders to productive, law-abiding, and taxpaying citizens;
(e) Promoting effective interaction and use of resources among criminal justice and community agencies, including, but not limited to, effective treatment of mental illnesses;
(f) Reducing the costs of incarceration; and
(g) Improving the efficiency of the criminal justice system by promoting evidence-based sentencing for offenders with mental illness.
II. While working in a mental health court reshapes the traditional roles of judges and lawyers, ethical duties do not significantly differ from those in traditional courtrooms. Mental health court judges and lawyers must adhere to the standards set forth in the Model Code of Judicial Conduct, the Model Rules of Professional Conduct, and the American Bar Association Standards of Criminal Justice. The proper exercise of the role of judge or lawyer in the mental health court need not conflict with the professional's ethical obligations and can enable judges and attorneys to fulfill the highest aspirations of their professional ethics while embarking on an innovative way to break the cycle of crime. Mental health court judges and attorneys must remain continually cognizant of the due process rights guaranteed to all citizens and the state's substantial interest in maintaining effective and efficient judicial and penal systems.
Source.
2014, 222:1, eff. July 14, 2014.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490-I - Veterans Track › Section 490-I:1 - Implementation of Veterans Tracks.

490-I:1 Implementation of Veterans Tracks. –
I. A superior or circuit court may establish a veterans track within an existing drug court or mental health court, through which the court monitors veterans and active duty members of the military with mental illnesses, substance abuse issues, or both, for compliance with individual services to change behavior which would otherwise result in criminal conduct.
II. (a) In this chapter, "veterans track" means a judicial intervention process based on the 10 key components listed in subparagraph (b). Some jurisdictions may choose to describe veterans tracks as veterans dockets, veterans behavioral health tracks, or veterans diversionary programs.
(b) The 10 key veterans track components are:
(1) Integration of alcohol, drug treatment, and mental health services within the current justice system case processing.
(2) Use of a non-adversarial approach in which prosecution and defense counsel promote public safety while protecting participants' due process rights.
(3) Early identification of eligible participants and prompt placement in the veterans track.
(4) Access to a continuum of alcohol, drug, mental health, and other related treatment and rehabilitation services.
(5) Use of frequent alcohol and other drug testing to monitor abstinence.
(6) A coordinated strategy to govern veterans tracks' responses to participants' compliance.
(7) Ongoing judicial interaction with each participant.
(8) Monitoring and evaluation to measure the achievement of program goals and gauge effectiveness.
(9) Continuing interdisciplinary education to promote effective veterans track planning, implementation, and operations.
(10) Partnerships among veterans tracks, the Veterans Administration, public agencies, and community-based organizations to generate local support and enhance veterans tracks' effectiveness.
III. Upon successful completion of a program recommended by the veterans track, an offender's case may be disposed of by the judge in the manner prescribed by the agreement and by the applicable policies and procedures adopted by the drug court or mental health court. This may include, but is not limited to, withholding criminal charges, dismissal of charges, probation, deferred sentencing, suspended sentencing, split sentencing, or a reduced period of incarceration.
IV. A person sentenced by a drug court or mental health court through the veterans track may, at least one year after successful completion of all programs and conditions imposed by the court, petition for annulment of the charges, arrest, conviction, and sentence that relate to such person's entry into the drug court or mental health court. Nothing in this section shall otherwise supplant or supersede the annulment procedures of RSA 651:5.
V. The veterans track may convene a local committee made up of community members who can provide support for the veterans track.
Source.
2017, 169:1, eff. Jan. 1, 2018.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490-J - New Hampshire Collaborative Law Act › Section 490-J:1 - Short Title.

490-J:1 Short Title. –
This chapter may be cited as the New Hampshire collaborative law act.
Source.
2021, 206:2, Pt. V, Sec. 1, eff. Oct. 9, 2021.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490-J - New Hampshire Collaborative Law Act › Section 490-J:2 - Definitions.

490-J:2 Definitions. –
In this chapter:
I. "Collaborative law communication" means a statement, whether oral or in a document, that:
(a) Is made as part of a collaborative law process;
(b) Occurs after the parties sign a collaborative law participation agreement and before the collaborative law process is concluded; and
(c) Is not otherwise privileged pursuant to the attorney client relationship.
II. "Collaborative law participation agreement" means an agreement by persons to participate in a collaborative law process.
III. "Collaborative law process" means a procedure intended to resolve a collaborative matter without intervention by a court in which persons:
(a) Sign a collaborative law participation agreement; and
(b) Are represented by collaborative lawyers.
IV. "Collaborative lawyer" means a lawyer who represents a party in a collaborative law process.
V. "Collaborative matter" means an issue for resolution which is described in a collaborative law participation agreement and arises under the law of this state, including, but not limited to:
(a) Marriage, divorce, annulment, legal separation, and property distribution;
(b) Parental rights and responsibilities;
(c) Grandparent rights;
(d) Alimony, maintenance, and child support;
(e) Parentage;
(f) Premarital and post-marital agreements; and
(g) Any modifications of any orders arising out of the matters set forth in subparagraphs (a)-(f).
VI. "Court" means a body acting in an adjudicative capacity which has jurisdiction to render a decision affecting a party's interests in a matter.
VII. "Document" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
VIII. "Law firm" means lawyers who practice law together in a partnership, professional corporation, sole proprietorship, limited liability company, association or legal services organization.
IX. "Neutral participant" means a person, other than a party and a party's collaborative lawyer, that participates in a collaborative law process.
X. "Party" means a person that signs a collaborative law participation agreement and whose consent is necessary to resolve a collaborative matter.
XI. "Proceeding" means a judicial or other adjudicative process.
XII. "Prospective party" means a person who discusses with a prospective collaborative lawyer the possibility of signing a collaborative law participation agreement.
XIII. "Related to a collaborative matter" means involving the same parties, transaction or occurrence, nucleus of operative fact, dispute, claim, or issue as the collaborative matter.
XIV. "Sign" means with present intent to authenticate or adopt a document by electronic or non-electronic signature.
Source.
2021, 206:2, Pt. V, Sec. 1, eff. Oct. 9, 2021.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490-J - New Hampshire Collaborative Law Act › Section 490-J:3 - Applicability.

490-J:3 Applicability. –
This chapter applies to a collaborative law participation agreement that meets the requirements of RSA 490-J:4 signed on or after the effective date of the chapter.
Source.
2021, 206:2, Pt. V, Sec. 1, eff. Oct. 9, 2021.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490-J - New Hampshire Collaborative Law Act › Section 490-J:4 - Collaborative Law Participation Agreement; Requirements.

490-J:4 Collaborative Law Participation Agreement;  Requirements. –
I. A collaborative law participation agreement shall:
(a) Be in writing;
(b) Be signed by the parties;
(c) State the parties' intention to resolve a collaborative matter through a collaborative law process under this chapter;
(d) Describe the nature and scope of the matter;
(e) Contain a statement by each collaborative lawyer confirming the lawyer's representation of a party in the collaborative law process; and
(f) Disqualify the collaborative lawyer from representing a party in a case filed with a court involving one or more of the same parties in the same or a related matter, except for the filing needed to seek the court's approval of an agreement reached in the collaborative case or in pending cases while stayed pursuant to RSA 490-J:6, I.
II. Parties may agree to include in a collaborative law participation agreement additional provisions not inconsistent with this chapter or current law.
Source.
2021, 206:2, Pt. V, Sec. 1, eff. Oct. 9, 2021.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490-J - New Hampshire Collaborative Law Act › Section 490-J:5 - Beginning and Concluding Collaborative Law Process.

490-J:5 Beginning and Concluding Collaborative Law Process. –
I. A collaborative law process begins when the parties sign a collaborative law participation agreement.
II. A court shall not order a party to participate in a collaborative law process over that party's objection.
III. A collaborative law process is concluded by a:
(a) Resolution of a collaborative matter as evidenced by a signed agreement;
(b) Resolution of a part of the collaborative matter, evidenced by a signed agreement, in which the parties agree that the remaining parts of the matter will not be resolved in the process; or
(c) Termination of the process.
IV. A collaborative law process terminates:
(a) When a party gives written notice to other parties that the process is ended.
(b) Except as otherwise provided by paragraph VII, when a party discharges a collaborative lawyer or a collaborative lawyer withdraws from further representation of a party.
(c) When a party:
(1) Files a petition or other pleading related to a collaborative matter without the agreement of all parties; or
(2) In a pending proceeding related to the matter:
(A) Initiates a pleading, motion, order to show cause, or request for a conference with the court; or
(B) Requests that the proceeding be put on the court's active docket; or
(C) The matter is no longer stayed.
V. A party's collaborative lawyer shall give prompt written notice to all other parties if the lawyer has been discharged or withdraws as counsel.
VI. A party may terminate a collaborative law process with or without cause.
VII. Notwithstanding the discharge or withdrawal of a collaborative lawyer, a collaborative law process continues, if within 30 days or within a time agreed to by the team in writing:
(a) The unrepresented party engages a successor collaborative lawyer; and
(b) The parties consent in writing to continue the process by reaffirming the collaborative law participation agreement, and the successor collaborative lawyer confirms the lawyer's representation of a party in the collaborative process.
VIII. A collaborative law process shall not conclude if the parties jointly request the court to approve a settlement of the collaborative matter or any part thereof.
IX. A collaborative law participation agreement may provide additional methods of concluding a collaborative law process.
Source.
2021, 206:2, Pt. V, Sec. 1, eff. Oct. 9, 2021.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490-J - New Hampshire Collaborative Law Act › Section 490-J:6 - Cases Already Filed in Court.

490-J:6 Cases Already Filed in Court. –
I. Parties who have already initiated a proceeding by filing a petition with the court may jointly request the court to stay future action in the matter so the parties may engage in a collaborative process for resolution of the matter. Before signing a participation agreement, the parties shall file an assented to motion to stay the proceedings with the court. The case shall not proceed with the collaborative process unless the stay is granted by the court. An extension of the stay may be requested of the court by written agreement to continue the collaborative process.
II. Either party can initiate a filing with the court to remove the stay and proceed with a litigated solution in the matter at any time.
III. Any unilateral filing with the court terminates the collaborative case. The case shall be returned to the active docket.
IV. A court shall provide parties notice and an opportunity to be heard before dismissing a case in which a notice of collaborative process is filed.
Source.
2021, 206:2, Pt. V, Sec. 1, eff. Oct. 9, 2021.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490-J - New Hampshire Collaborative Law Act › Section 490-J:7 - Emergency Order.

490-J:7 Emergency Order. –
During a collaborative law process, a court may issue emergency orders to protect the health, safety, welfare, or interest of a party; however, filing for such an order terminates the pending collaborative law process. Nothing in this section prohibits parties from exploring a return to the collaborative process after the issues that gave rise to the emergency order have been resolved and process outlined in RSA 490-J:13, III have been followed.
Source.
2021, 206:2, Pt. V, Sec. 1, eff. Oct. 9, 2021.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490-J - New Hampshire Collaborative Law Act › Section 490-J:8 - Approval of Agreement by Court.

490-J:8 Approval of Agreement by Court. –
I. The terms of a collaborative law participation agreement shall be considered a binding contract and shall be enforceable by the trial court.
II. Any agreements signed by the parties during the collaborative process are binding upon the parties in the same manner as they are in other family law proceedings. The trial court fully retains all rights and duties to ensure that the agreements reached are fair and reasonable to all before being approved by the court.
III. Agreements reached during the collaborative process which are not signed by all parties shall not be binding and shall be considered part of settlement discussions only.
Source.
2021, 206:2, Pt. V, Sec. 1, eff. Oct. 9, 2021.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490-J - New Hampshire Collaborative Law Act › Section 490-J:9 - Disqualification of Collaborative Lawyer and Lawyers in Associated Law Firm.

490-J:9 Disqualification of Collaborative Lawyer and Lawyers in Associated Law Firm. –
I. Except as otherwise provided in paragraph III, a collaborative lawyer is disqualified from appearing before a court to represent a party in a proceeding related to a collaborative matter, including related matters filed by third parties.
II. Except as otherwise provided in paragraph III, RSA 490-J:10, and RSA 490-J:11, a lawyer in a law firm with which the collaborative lawyer is associated is disqualified from appearing before a court to represent a party in a proceeding related to a collaborative matter if the collaborative lawyer is disqualified from doing so under paragraph I.
III. A collaborative lawyer or a lawyer in a law firm with which the collaborative lawyer is associated may represent a party:
(a) To ask a court to approve an agreement resulting from the collaborative law process; or
(b) To seek or defend an emergency order to protect the health, safety, welfare, or interest of a party, a minor child, family or household member as defined in RSA 173-B:1, X, if a successor lawyer is not immediately available to represent that party and only until the person is represented by a successor lawyer or reasonable measures are taken to protect the health, safety, welfare, or interest of the person.
Source.
2021, 206:2, Pt. V, Sec. 1, eff. Oct. 9, 2021.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490-J - New Hampshire Collaborative Law Act › Section 490-J:10 - Disclosure of Information.

490-J:10 Disclosure of Information. –
During the collaborative law process, on the request of another party, a party shall make timely, full, candid, and informal disclosure of information related to a collaborative matter without formal discovery. A party also shall update promptly previously disclosed information that has materially changed. The parties may define the scope of disclosure during the collaborative law process.
Source.
2021, 206:2, Pt. V, Sec. 1, eff. Oct. 9, 2021.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490-J - New Hampshire Collaborative Law Act › Section 490-J:11 - Standards of Professional Responsibility and Mandatory Reporting Not Affected.

490-J:11 Standards of Professional Responsibility and Mandatory Reporting Not Affected. –
This chapter does not affect:
I. The professional responsibility obligations and standards applicable to a lawyer or other licensed professional; or
II. The obligation of a person to report abuse or neglect, abandonment, or exploitation of an adult or child under New Hampshire law.
Source.
2021, 206:2, Pt. V, Sec. 1, eff. Oct. 9, 2021.