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Courts in New Hampshire

From Ballotpedia
More information on New Hampshire's state courts:
Selection methods
Elections
Salaries
Federal courts


InNew Hampshire, there is one federal district court, a state supreme court, and trial courts with both general and limited jurisdiction. These courts serve different purposes, which are outlined in the sections below.

Click a link for information about that court type.

The image below depicts the flow of cases through New Hampshire's state court system. Cases typically originate in the trial courts and can be appealed to courts higher up in the system.

The structure of New Hampshire's state court system.

Judicial selection process

See also:Judicial selection in New Hampshire

Judges on theNew Hampshire Supreme Court,New Hampshire Superior Courts, andNew Hampshire Circuit Courts are selected through gubernatorial appointment and may serve until they reach the age of 70. When a vacancy occurs, the governor nominates a successor. The nominee must be approved by theNew Hampshire Executive Council.[1][2] The five members of the executive council are chosen every two years inpartisan elections.[3] As of August 2021, it had been customary since 2000 for the governor to establish ajudicial selection commission by executive order to seek out, evaluate, and recommend candidates for nomination.[4][5]

Federal courts

Thefederal district court in New Hampshire is theUnited States District Court for the District of New Hampshire.

Appeals from this federal court go to theU.S. Court of Appeals for the 1st Circuit.

Active judges

JudgeAppointed ByAssumed OfficeBachelorsLaw

Joseph Laplante

George W. Bush (R)

December 28, 2007 -

Georgetown University, 1987

Georgetown University Law Center, 1990

Landya McCafferty

Barack Obama (D)

December 17, 2013 -

Harvard, 1984

Northeastern University Law, 1991

Samantha Elliott

Joe Biden (D)

December 21, 2021 -

Colgate University, 1997

Columbia Law School, 2006

The list below displays the number of active judges by the party of the appointing president. It does not reflect how a judge may rule on specific cases or their own political preferences.

  • Democratic appointed: 2
  • Republican appointed: 1

Judicial selection

Judges who sit on the federal district courts are nominated by thepresident of the United States and confirmed by theUnited States Senate. These judges serve life terms. To read more about the judges on these courts, clickhere.

State supreme court

See also:New Hampshire Supreme Court

The Supreme Court is thecourt of last resort in the state. Thechief justice is the head of the state's judiciary and, with the other justices of the Supreme Court, oversees the judicial branch. The supreme court has jurisdiction to hear appeals from lower trial courts, as well as many administrative agencies. The court may also issue writs ofcertiorari,prohibition, andhabeas corpus.[6]

The following judges sit on the court:


Trial courts

New Hampshire Superior Courts

See also:New Hampshire Superior Courts

The superior courts are the courts of general jurisdiction, holding jury trials in civil and criminal cases. All cases are appealed directly to theNew Hampshire Supreme Court. The superior courts hear the following types of cases:

  • Negligence, contracts, real property rights and other civil matters where claim for damages totals at least $1,500 and at least one party requests a jury trial
  • Cases involving a claim for damages over $25,000
  • Felonies
  • Misdemeanor appeals from thecircuit courts
  • Petitions for injunctive relief[7]

New Hampshire Circuit Courts

See also:New Hampshire Circuit Courts

On July 1, 2011,New Hampshire's lower courts were combined into 10circuit courts, with at least one location in eachNew Hampshire county. The courts were created under HB 609, which was signed into law by GovernorJohn Lynch (D) on May 16, 2011. Ninety percent of the cases filed inNew Hampshire will be heard in these courts. Each circuit court has three divisions, district, probate and family. Some courts may have multiple locations depending on the size of the county.[8][9]

Probate division

Formerly called probate courts, the probate division of thecircuit courts has jurisdiction over the following matters: wills, trusts and estates, guardianships and involuntary commitment proceedings, adoptions, name changes and the partition of real estate. In the consolidation of July 2011, the number of probate courts was reduced from 117 to 54.[10][11]

District division

Formerly called the district courts, the district division of thecircuit courts handles misdemeanor and violation offenses (including motor vehicle violations), small claims, landlord-tenant matters, stalking cases and other civil cases. There are 32 circuit courts with district divisions throughoutNew Hampshire.[12]

Family division

Formerly called family courts, the family division of thecircuit courts has jurisdiction over matters involving divorce and parenting, child support, domestic violence petitions, guardianship of minors, termination of parental rights, abuse and neglect cases, matters regarding children who need state services, juvenile delinquency, and some adoption matters. There are 28 family divisions in the state, located in the following counties:

In other states

Click the map below to explore the court structure in other states.
http://ballotpedia.org/Courts_in_STATE

See also

External links

Footnotes

  1. NH.gov, "State Constitution - Executive Power - Governor," accessed August 24, 2021(Article 46)
  2. The John W. King New Hampshire Law Library, "Judges," accessed August 24, 2021
  3. State of New Hampshire Executive Council, "About Us," accessed August 24, 2021
  4. National Center for State Courts, "Judicial Selection in the States: New Hampshire | Overview," archived October 20, 2021
  5. New Hampshire Secretary of State, "Executive order 2000-9: An order establishing a Judicial Selection Commission," June 30, 2000
  6. New Hampshire Judicial Branch, "Supreme Court - Judicial Duties," accessed March 9, 2021
  7. New Hampshire Judicial Branch, "About the Superior Court," accessed March 31, 2014
  8. State of New Hampshire Judicial Branch, "Circuit Court," accessed December 19, 2013
  9. New Hampshire Judicial Branch, "Find Your Court," accessed March 9, 2021
  10. New Haven Register, "Probate court changes in 2011 will mean longer drives for some," November 30, 2009
  11. New Hampshire Judicial Branch, "Circuit Court Probate Division," accessed December 19, 2013
  12. New Hampshire Judicial Branch, "Circuit Court District Division," accessed December 19, 2013
  13. New Hampshire Judicial Branch, "Circuit Court Family Division," accessed December 19, 2013

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