In re Mone

719 A.2d 626, 143 N.H. 128, 1998 N.H. LEXIS 79
CourtSupreme Court of New Hampshire
DecidedNovember 4, 1998
DocketNo. 98-536
StatusPublished
Cited by15 cases

This text of 719 A.2d 626 (In re Mone) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Mone, 719 A.2d 626, 143 N.H. 128, 1998 N.H. LEXIS 79 (N.H. 1998).

Opinion

JOHNSON, j.

The petitioners, fifty-one court security officers, filed a petition for a writ of prohibition, see RSA 490:4 (1997), requesting that we prevent the respondent, the administrative office [130]*130of the courts, from enforcing the provisions of Laws 1998, chapter 297, mandating, inter alia, effective January 1, 1999, see Laws 1998, 297:12: (1) that county sheriff departments will be responsible for providing security in all State courts except the supreme court, see Laws 1998, 297:l-:7; and (2) that all judicial branch employee positions associated with the security function in those courts be abolished, see Laws 1998, 297:8. We hold that chapter 297 violates the Separation of Powers Clause of the New Hampshire Constitution, N.H. CONST, pt. I, art. 37. Accordingly, we hold that portions of chapter 297 are invalid insofar as it requires that all court security shall be provided by county sheriffs and their deputies.

Chapter 297 was enacted on June 26, 1998, and provides, in pertinent part:

297:1 Statement of Intent.

I. It is the intent of the legislature in adopting this act to provide for the protection of staff, members of the public, and officers of the court while conducting their affairs and business in the state’s courts.
II. The legislature intends this act to be in accordance with part I, article 37 of the New Hampshire constitution, regarding separation of powers, to keep law enforcement functions and custody issues separate from the judicial functions of the court. The legislature intends to remain within its constitutional authority pursuant to part I, article 37 in requiring that the sheriff, through the sheriff’s deputies and bailiffs, be responsible for courtroom security and the security and control of detained defendants during the time they are within the state’s courts.
III. The legislature does not intend the provisions of this act to infringe upon the ability of the judiciary to establish rules governing the administration of all courts in the state and the practice and procedure which shall have the force and effect of law pursuant to part II, article 73-a of the New Hampshire, constitution. The legislature distinguishes the judiciary’s authority over practice and procedure from the legislature’s authority to designate the sheriff’s duties of custody and control of detained defendants and courtroom security. The legislature believes that law enforcement and custody issues are an executive branch function and the conduct of trials is clearly the function and responsibility of the judiciary.
[131]*131IY By adopting this act, the legislature does not intend for sheriffs to provide security in the supreme court. It would not be outside the intent of the legislature for the judiciary to hire personnel to protect supreme court justices. The legislature also intends that the judiciary should have the power to influence the certification and training of bailiffs.
297:3 Duties of Sheriff. RSA 104:5 is repealed and reenacted to read as follows:
104:5 Duties.
III. The sheriff’s bailiffs shall provide adequate security in all state courts, except the supreme court.
297:5 Bailiffs. Amend RSA 594:l-a to read as follows:
594:l-a Bailiffs and Court Security Officers.
II. The sheriff, through the sheriff’s deputies and bailiffs, shall be responsible for court security and shall be responsible for the conduct and control of detained defendants and prisoners during the time period that such defendants and prisoners are in all state courts, except for the supreme court.
297:8 Positions Abolished. Except for the court security officer positions at the supreme court, all judicial branch employee positions directly associated with courthouse security are hereby abolished.

Laws 1998, ch. 297 (bold italics omitted).

In response to the enactment of chapter 297, the petitioners sought a writ of prohibition to prevent the administrative office of the courts from implementing a plan to terminate their positions pursuant to Laws 1998, 297:8. We accepted the petition for briefing and argument and invited any amicus curiae to file briefs on the issue. The petitioners assert that chapter 297 violates the Separation of Powers Clause because it encroaches on the judiciary’s ability to supervise its own personnel and perform its essential adjudicatory functions. Accordingly, the petitioners request that we find chapter 297 invalid.

We agree with the sheriff’s association that a writ of prohibition is not historically the appropriate vehicle under our traditional [132]*132concepts of pleadings in which to bring this case. Prohibition is proper “to prevent a tribunal possessing judicial or quasi-judicial powers from exercising jurisdiction over matters not within its cognizance or exceeding its jurisdiction in matters of which it has cognizance.” 63C AM. JUK. 2D Prohibition § 1, at 6 (1997). “Prohibition is an extraordinary remedy which, although within the discretion of this court, is used with caution and forbearance and only when the right to relief is clear.” State v. Superior Ct., 116 N.H. 1, 2, 350 A.2d 626, 627 (1976); see Manchester Education Ass’n v. Superior Court, 109 N.H. 513, 514, 257 A.2d 23, 24 (1969). The administrative office of the courts, although an administrative arm of this court, is not itself a court of law or equity, and, therefore, a writ of prohibition traditionally would not issue against it.

It is well settled, however, that we will exercise our original jurisdiction, see RSA 490:4 (1997), in circumstances where the parties desire, and public need requires, a speedy determination of the important issues in controversy. Monier v. Gallen, 122 N.H. 474, 476, 446 A.2d 454, 455 (1982). This is one of those cases. “For more than half a century pleading and procedure in this jurisdiction has been a means to an end and it should never, become more important than the purpose which it seeks Ao-&ccomplish.” Levitt v. Maynard, 104 N.H. 243, 244, 182 A.2d 897, 898 (1962) (quotation omitted); see, e.g., State ex rel Regan v. Superior Court, 102 N.H. 224, 226, 153 A.2d 403, 404 (1959). Accordingly, we treat this as a petition to exercise our unquestioned power to supervise the administrative office of the courts. See RSA 490:4, :26-b (1997). Such treatment is appropriate given the extreme circumstances of this case; namely, the need for expeditious resolution because the petitioners will otherwise be terminated on January 1, 1999, see Nelson v. Morse, 91 N.H. 177, 178, 16 A.2d 61, 62 (1940) (exercising original jurisdiction where delay would cause undue hardship); cf. Petition of Chapman, 128 N.H. 24, 26, 509 A.2d 753, 755 (1986), and the need to quickly resolve an important constitutional issue, see Monier, 122 N.H.

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Bluebook (online)
719 A.2d 626, 143 N.H. 128, 1998 N.H. LEXIS 79, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-mone-nh-1998.