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Author Topic: Colorado or NH?  (Read 9920 times)

rossby

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Re: Colorado or NH?
« Reply #15 on: October 16, 2011, 09:46:01 pm »

This is a total guess on my part, but my assumption would be life tenure is in the New Hampshire state constitution. So it would likely require more than simply a statute and you might still be stuck with the present appointees. Now, there is always impeachment!

Just read the Constitution: Part II, [Art.] 78  [Judges and Sheriffs, When Disqualified by Age.]

No person shall hold the office of judge of any court, or judge of probate, or sheriff of any county, after he has attained the age of seventy years.
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John Edward Mercier

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Re: Colorado or NH?
« Reply #16 on: October 16, 2011, 11:52:19 pm »

This is a total guess on my part, but my assumption would be life tenure is in the New Hampshire state constitution. So it would likely require more than simply a statute and you might still be stuck with the present appointees. Now, there is always impeachment!

I agree that there are benefits to life tenure. Having jurists compelled to follow political winds would clearly be a problem. However, I have notice that even the most libertarian minded jurists become enamored with the state after a coupled decades on the bench. Take Posner on the 7th Cir or Ginsburg on the DC Cir, both started out as conservative, but have moved further to the left.

Your suggesting that the US Constitution was written by conservatives... but is really just a document transferring very limited empowerment. In fact, less empowerment than many conservatives propose.
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John Edward Mercier

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Re: Colorado or NH?
« Reply #17 on: October 17, 2011, 12:03:10 am »

I cannot speak for other states but I know there is quite a bit of active judicial reform being attempted in NH.  For example, in 2010 the NH House Redress of Grievances Committee was brought back http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H45 , a bill to deal with better informing juries passed in the NH House and is in the NH Senate and the NH House disagreed with the NH courts of whether the legislature is able to order the attorney general to challenge ObamaCare.  In fact, the NH House just passed a House Resolution about that last week.

Then there are these bills for next year.

2012-H-2030-R Relating to the chief justice of the supreme court. Providing that the chief justice shall
adopt court rules with the concurrence of the general court.
CACR
Sponsors:
(Prime) Itse, Daniel - Rock. 09

2012-H-2045-R HB prohibiting state courts from using a foreign law or legal code in any ruling.
Sponsors:
(Prime) Duarte, Joe - Rock. 01

2012-H-2111-R requiring the courts to file reports of complaints against court officers, court staff, and
any other person involved in the administration of justice.
HB
Sponsors:
(Prime) Lambert, George - Hills 27

2012-H-2153-R HB relative to the applicability of foreign law in cases before New Hampshire courts.
Sponsors:
(Prime) Birdsell, Regina - Rock. 08

2012-H-2251-R Relating to judges and other judicial officers. Providing that the general court shall
have the sole authority to discipline and remove judges.
CACR
Sponsors:
(Prime) Oligny, Jeffrey - Rock. 08

2012-H-2280-R relative to applications for reconsideration in New Hampshire courts, including the
judicial branch family division.
HB
Sponsors:
(Prime) Lambert, George - Hills 27

2012-H-2330-R HB relative to payment of legal and court fees and costs for frivolous lawsuits.
Sponsors:
(Prime) Kurk, Neal - Hills 07

2012-H-2365-R HB relative to checking firearms at courthouse entrances.
Sponsors:
(Prime) Kreis, Kenneth - Merr. 06

2012-H-2387-R HB relative to family court rules.
Sponsors:
(Prime) Lambert, George - Hills 27

2012-H-2392-R HB establishing a "loser pays" system for court costs.
Sponsors:
(Prime) Bowers, Spec - Sull. 03
 
2012-H-2423-R CACR relating to the administration of the supreme court. Providing that Art 73-a be revised.
Sponsors:
(Prime) Mirski, Paul - Graf. 10

2012-H-2504-R requiring the courts to give every woman who gets a restraining order a gun and box of
ammunition and provide her with instruction in shooting.
HB
Sponsors:
(Prime) Kingsbury, Robert - Belk. 04

2012-H-2505-R establishing that courts can only base opinions on the New Hampshire Constitution
and the United States Constitution.
HB
Sponsors:
(Prime) DeLemus, Susan - Straf 01

2012-H-2587-R Relating to the allocation of authority between the legislative and judicial branches.
Providing that the supreme court shall determine the constitutionality of judicial acts
and the legislature shall determine the constitutionality of legislative acts.
CACR
Sponsors:
(Prime) Sorg, Gregory - Graf. 03

And there may be others that I missed :)
Yeah... you can pretty much settle these as ITL.
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Nairb

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Re: Colorado or NH?
« Reply #18 on: October 17, 2011, 04:03:48 pm »

Thanks for all the replies, it is going to be a tough choice between NH and CO... The judicial discussion is interesting, in my experience, I've seen judges appointed for life behave like petty tyrants because power corrupts the ego. But it is a complex issue. Thanks again, we're still deciding and I'll keep you guys informed and we're still open to persuasion!
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freedomroad

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Re: Colorado or NH?
« Reply #19 on: October 17, 2011, 04:35:00 pm »

I highly recommend that one or both of you visit NH.  I especially recommend a visit during the 2012 New Hampshire Liberty Forum in Nashua, NH.
http://freestateproject.org/libertyforum

While the 2012 Liberty Forum page isn't fully developed yet, please check out the 2010 Liberty Forum page to get an idea of what the event is like, http://freestateproject.org/events/libertyforum/2010

You will be able to talk with 100s of folks that live in NH and ask them questions about NH.  Small biz owners, lawyers, medical marijuana activists, photographers, real estate folks and more will be at the event.  Feel free to ask folks questions :)
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time4liberty

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Re: Colorado or NH?
« Reply #20 on: October 18, 2011, 08:08:28 am »

Thanks for all the replies, it is going to be a tough choice between NH and CO... The judicial discussion is interesting, in my experience, I've seen judges appointed for life behave like petty tyrants because power corrupts the ego. But it is a complex issue. Thanks again, we're still deciding and I'll keep you guys informed and we're still open to persuasion!

The best thing you can do is visit both places.

I can guarantee you that the liberty movement here is many, many times larger. Personally I think it's also more beautiful here, but that's a matter of taste.

I would also recommend the liberty forum -- it'll be fantastic for meeting local pro-freedom folks. Of course, it's in the winter, so you won't get much of an idea what nh looks like spring/summer/fall.
« Last Edit: October 18, 2011, 08:14:42 am by time4liberty »
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shooter77

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Re: Colorado or NH?
« Reply #21 on: March 30, 2012, 07:08:52 am »

I lived in CO and it is very nice, however since Denver became a "safe haven"  CO freedoms have been slowly eroding.  If you live in the mountains your pretty much in a much freeer state. But around the Denver and Boulder area is very congested and I was a little disappointed about that, was also disappointed that there wasn't alot of snow in the Boulder area where I lived. I would definitely go for NH!  There is alot more freedom there.  and far less congestion....
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TheMagicBullet

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Re: Colorado or NH?
« Reply #22 on: March 30, 2012, 10:16:40 am »

I agree that the best way to know is to visit both places, if you can afford. Don't know where you're coming from, but now that Liberty Forum has come and gone, you should strongly consider going to Porcfest. This year there will be a strong emphasis on info sessions, panels of movers who will answer questions, etc. Plus, after that's over, you will have hundreds and hundreds of friendly liberty-lovers to party with!
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