On June 20th, 2023 a bill was passed and singed into law for no apparent reason but allow the Judiciary in the State of New Hampshire to hide assets and funds.

Financial Disclosures by Judges in New Hampshire

Senate Bill 27 was enacted on August 19th, 2023 as follows:

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Three

AN ACT relative to financial disclosure forms filed by judges.

Be it Enacted by the Senate and House of Representatives in General Court convened:

95:1  New Paragraph; Financial Disclosure; Persons Required to File.  Amend RSA 15-A:3 by inserting after paragraph II the following new paragraph:

II-a.  The filing of a financial disclosure form by a judge pursuant to the New Hampshire code of judicial conduct, rule 3.15 shall satisfy the requirement for filing a statement of financial interest pursuant to this chapter.

95:2  Effective Date.  This act shall take effect 60 days after its passage.

Approved: June 20, 2023

Effective Date: August 19, 2023

What is the Purpose?

What is the purpose of giving the Supreme Court more power to make and hied more money from the public? They make all the rules, which are considered law by the New Hampshire Constitution.

AN ACT relative to financial disclosure forms filed by judges.

SPONSORS: Sen. Gannon, Dist 23; Sen. D’Allesandro, Dist 20; Sen. Fenton, Dist 10; Sen. Gendreau, Dist 1; Sen. Carson, Dist 14; Sen. Murphy, Dist 16; Sen. Ward, Dist 8; Sen. Pearl, Dist 17; Sen. Prentiss, Dist 5; Sen. Watters, Dist 4; Rep. M. Pearson, Rock. 34

COMMITTEE: Judiciary

It won’t be surprising if this rule changes shortly – which will be found here (Supreme Court Rule Changes). Things like:

Order adopting amendments to court rules – Increases Mediation Rates 50%

Order regarding June 23, 2023 New Hampshire Bar Association annual meeting Permission for Judges to leave court and meet with lawyers……

Order adopting amendments to court rules – CLE (Continuing Legal Education) changes for lawyers

Financial Disclosures by Judges – Supreme Court Rule 3.15

Rule 3.15 Reporting Requirements

(A)  For each calendar year up to and including calendar year 2006, a judge shall report on or before April 15 of each year, with respect to the preceding calendar year, whether or not the judge has received any compensation other than judicial salary, and, if so, the nature of the activity for which the compensation was received, the name of the payor and the amount of the compensation so received.  The report shall be filed as a public document in the office of the clerk of the New Hampshire Supreme Court.

(B)  For calendar year 2007, and each calendar year thereafter, a judge shall file a fully-completed New Hampshire Judicial Branch Financial Disclosure Statement on or before April 15 of each year, with respect to the preceding calendar year. The New Hampshire Judicial Branch Financial Disclosure Statement shall be filed as a public document in the office of the clerk of the New Hampshire Supreme Court.  The form of the New Hampshire Judicial Branch Financial Disclosure Statement shall be approved, by order, by the New Hampshire Supreme Court, and shall require at a minimum that a judge report whether or not the judge has received any compensation other than judicial salary, and, if so, the nature of the activity for which the compensation was received.  Blank forms may be obtained by request from the clerk of the New Hampshire Supreme Court, and shall also be available on the New Hampshire Judicial Branch website.

 
Comment

[1]  Disclosure of a judge’s income, debts, investments or other assets is required only to the extent provided in this Canon and in Rule 2.11, or as otherwise required by law. (current as of 9/2/23 source)

Financial Disclosures in New Hampshire – RSA 15

15-A:1 Purpose. – The purpose of this chapter is to ensure that the performance of official duties does not give rise to a conflict of interest, by requiring the following persons to file a statement of financial interests with the secretary of state. This chapter shall be liberally construed to effect this purpose.

15-A:2 Definitions. –
In this chapter:
I. ” Agency ” means the executive branch and any department, division, board, commission, or equivalent entity of the executive branch.
II. ” Agency head ” means the commissioner or equivalent leader of any department, and the highest ranking member of any commission, board, institution, bureau, or office, which is not a subordinate component of a department or equivalent agency, by whatever name called, other than the legislative and judicial branches of state government.
III. ” Family member ” shall mean any person related to and living in the same domicile as the elected official, public official, public employee, constitutional official, or legislative employee who shares a common economic interest in the expenses of daily living, including, but not limited to, a spouse, child, or parents.
IV. ” Income ” means any money or thing of value received.
V. ” Primary occupation ” means any business, business association, public sector employment, nonprofit employment, or self- employment which provides the largest source of income for the candidate.

Source. 2006, 21:8, eff. June 2, 2006.

Section 15-A:3

15-A:3 Persons Required to File. –
I. The following persons shall file a statement of financial interests as required by this chapter:
(a) All candidates who file for state or county office.
(b) All persons filing an acceptance of nomination form for state or county office.
(c) Every person appointed by the governor, governor and council, president of the senate, or the speaker of the house of representatives to any board, commission, committee, board of directors, authority, or equivalent state entity whether regulatory, advisory, or administrative in nature.
(d) All agency heads.
(e) Any public official designated, due to the responsibilities of the position, by the agency head.
(f) The secretary of state and the treasurer, and any of their subordinates designated, due to the responsibilities of the position, by the secretary of state or treasurer.
(g) All persons elected to state or county office, and all persons appointed to such elective office to fill a vacancy.
(h) Any person, not employed by or working under contract for the state, who is acting on behalf of the governor or an agency while engaged in state business.
II. The filing of a financial disclosure form by an elected member of the house of representatives or senate pursuant to RSA 14-B:8 shall satisfy the requirement for filing a statement of financial interest pursuant to this chapter.

NEW II-a.  The filing of a financial disclosure form by a judge pursuant to the New Hampshire code of judicial conduct, rule 3.15 shall satisfy the requirement for filing a statement of financial interest pursuant to this chapter. NEW


III. Any person who is otherwise subject to the filing requirements of subparagraph I(h) shall be exempt from filing a statement of financial interests provided the individual volunteering:
(a) Does not directly or indirectly influence the setting of public policy;
(b) Does not directly or indirectly influence decisions on how state funds will be expended; and
(c) Does not directly or indirectly influence the selection of vendors for the state.

author avatar
Robert Tanguay
Author of "Incentives and the Environment" and founder of EmissionsTax.