Voters will be asked on Nov. 6 to approve an amendment to Part 2, Art. 73-a of the New Hampshire Constitution. If the amendment passes, the legislature would be given final say over how the New Hampshire Judicial Branch, an independent branch of government, operates. I oppose the amendment because it allows for a legislative takeover of the courts that violates separation of powers.
Allowing the legislature to dictate court procedures will politicize the courts. Court rules would be subject to change whenever the legislature meets and according to the influence of the political party in control, creating unpredictable and inconsistent procedures and outcomes.
The Nashua Telegraph opined on October 2, 2012 that “the proposed amendment makes a mockery of the system of checks and balances crucial to American government” Instead of an independent judiciary, “the Legislature would be the boss of the New Hampshire’s court system.”
I am voting no on question 2, and I hope that you will join me.