In re the Judicial Conduct Committee

855 A.2d 535, 151 N.H. 123, 2004 N.H. LEXIS 103
CourtSupreme Court of New Hampshire
DecidedJune 14, 2004
DocketNo. 2003-798
StatusPublished
Cited by16 cases

This text of 855 A.2d 535 (In re the Judicial Conduct Committee) 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 the Judicial Conduct Committee, 855 A.2d 535, 151 N.H. 123, 2004 N.H. LEXIS 103 (N.H. 2004).

Opinions

NADEAU, J.

The Judicial Conduct Committee (Committee) brings this petition for original jurisdiction seeking guidance as to the constitutionality of RSA chapter 494-A (Supp. 2008). The Committee contends that RSA chapter 494-A is unconstitutional. To the extent set forth in this opinion, we agree.

The Committee was created by Supreme Court Rule “to provide for the orderly and efficient administration of the Code of Judicial Conduct, Rule 38 of the Rules of the Supreme Court.” Sup. Ct. R. 39(1). It is empowered, among other things, “to consider and investigate the conduct of any judge, as that term is defined in Rule 40(2), within the jurisdiction of this court,” and may, where appropriate, dismiss a complaint or grievance, dispose of a complaint or grievance “by informal resolution or adjustment,” or commence disciplinary proceedings in the supreme court. SUP. Ct. R. 39(9).

In RSA chapter 494-A, the legislature created the Judicial Conduct Commission (Commission) and declared it to “be responsible for addressing complaints concerning the conduct of judges and clerks in the courts of this state.” RSA 494-A:10, I. It is also empowered to “impose [125]*125disciplinary actions with regard to a complaint by reprimand or censure,” and is directed to report evidence of criminal conduct to the attorney general and to refer to the legislature any matter in which it finds that the judge’s or clerk’s conduct warrants his or her removal. Id. As amended in 2003, RSA 494-A: 1 provides that “[a]ll complaints made against judges ... and clerks... shall be directed to the commission.”

The Committee argues that RSA chapter 494-A violates the separation of powers doctrine embodied in Part I, Article 37 of the State Constitution by “encroaching on the power of the New Hampshire Supreme Court to regulate the conduct of the judiciary.” Specifically, the Committee asserts that RSA chapter 494-A, as amended, “purport[s] to declare the [Commission] the sole authority to regulate the conduct of judges,” and thereby “commandeer[s]” that authority away from the judicial branch.

In reviewing a legislative act, we presume it to be constitutional and will not declare it invalid “except upon inescapable grounds.” Petition of Governor and Executive Council, 151 N.H. 1, 4 (2004) (quotations and brackets omitted). In other words, we will not hold a statute to be “unconstitutional unless a clear and substantial conflict exists between it and the constitution.” Id. (quotation and brackets omitted).

One branch of government, however, is not constitutionally permitted to usurp the essential power of another. Id. at 9; see also State v. Lindsey, 632 N.W.2d 652, 659 (Minn. 2001). To do so would violate the separation of powers doctrine. Petition of Governor, 151 N.H. at 9; see also N.H. CONST. pt. I, art. 37. The separation of powers directive “is violated by an improper imposition upon one branch of constitutional duties belonging to another, or, an encroachment by one branch upon a constitutional function of another branch of government.” Opinion of the Justices, 110 N.H. 359, 363 (1970) (citations omitted). When the actions of one branch of government defeat or materially impair the inherent functions of another branch, such actions are not constitutionally acceptable. In re Rosenkrantz, 59 P.3d 174, 208 (Cal. 2002), cert. denied, 538 U.S. 980 (2003).

For example, when the Governor and Council adopted a resolution seeking to prevent conflicts of interest on the part of elected State officials, in the exercise of our responsibility to protect the essential functions of all three co-equal branches of government from improper encroachment, we observed that “[h]owever desirable comprehensive legislation in the area of conflict of interest may be, the enactment of such legislation is the prerogative and responsibility of the legislature and not of the executive.” Opinion of the Justices, 116 N.H. 406, 413 (1976). We also noted that most elected State officials were members of the legislature and that “[c]learly [126]*126it is not within the prerogative of the Governor and Council to regulate the conduct of such officials.” Id. at 411. Similarly, the regulation of the conduct of judges is the prerogative and responsibility of the judiciary and not of the legislature.

This court has stated that “[t]he power of the judiciary to control its own proceedings, the conduct of participants, the actions of officers of the court and the environment of the court is a power absolutely necessary for a court to function effectively and do its job of administering justice.” State v. LaFrance, 124 N.H. 171, 179-80 (1983). Thus, the judicial branch has the inherent power to regulate officers of the court. See Smith v. State, 118 N.H. 764, 770 (1978). Such inherent power of the judicial branch is “supported by consistent custom,” the common law and judicial precedent. See In re Mussman, 112 N.H. 99, 101 (1972). It has also been confirmed by statute, see RSA 490:4 (1997), and constitutional amendment, see N.H. CONST, pt. II, art. 73-a; see also Opinion of the Justices (Judicial Salary Suspension), 140 N.H. 297, 299-300 (1995).

This inherent authority, and “our superintending control over the courts, includes the authority to discipline members of the judiciary.” Snow’s Case, 140 N.H. 618, 621 (1996) (citations omitted). Moreover, maintaining public confidence in the administration of justice is the responsibility of this court, see Opinion of the Justices (Judicial Salary Suspension), 140 N.H. at 299, and our system of judicial discipline is therefore designed to “foster[] public confidence in the judiciary, as well as maintainQ its integrity,” Petition of Thayer, 145 N.H. 177, 180 (2000). Accordingly, in Mussman, 112 N.H. at 103, we recognized this court’s authority, as an exercise of “judicial power,” to inquire into the conduct of judges and to impose disciplinary measures short of removal from the bench. Common law precedent makes clear that the authority to discipline judges is an essential, and indeed, “exclusive[,] judicial function,” Opinion of the Justices (Judicial Salary Suspension), 140 N.H. at 301.

The State argues that because RSA chapter 494-A does not “prohibit[] the Court from reprimanding, censuring or suspending a judge for misconduct,” it does not violate the separation of powers doctrine. The court’s superintending function, however, entails more than just the power to impose discipline on judges. It includes the authority to determine how best to regulate their conduct, and therefore encompasses the discretion to determine when, whether and to what extent discipline should be imposed. Cf. Opinion of the Justices (Judicial Salary Suspension), 140 N.H. at 300-01. Because RSA 494-A:l, as amended in 2003, specifically interferes with [127]*127that discretion, it usurps an essential power of the judiciary, and is, therefore, unconstitutional.

The State next contends that RSA chapter 494-A was validly enacted pursuant to the legislature’s legislative power. Specifically, it points to the powers of impeachment and address, see N.H. CONST. pt. II, arts.

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Bluebook (online)
855 A.2d 535, 151 N.H. 123, 2004 N.H. LEXIS 103, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-judicial-conduct-committee-nh-2004.