In re Petition of Governor
New Hampshire Supreme Court
846 A.2d 1148 (2004)
- Written by Deanna Curl, JD
Facts
In RSA 490:1, the New Hampshire legislature designated that the most senior justice on the New Hampshire Supreme Court would be assigned the role of chief justice for up to five years. After a five-year term concluded, the role of chief justice transferred to the next most senior judge for another five-year term. Governor Craig Benson and the state executive council (plaintiff) petitioned the New Hampshire Supreme Court’s original jurisdiction to request a finding that the statute was unconstitutional. The New Hampshire attorney general (defendant) opposed the governor’s petition. Additionally, the president of the New Hampshire Senate and the speaker of the New Hampshire House of Representatives filed amicus briefs defending the statute’s constitutionality. After the sitting justices of the court recused themselves from the case, a panel of replacement justices was assembled to hear the case and render an opinion.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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