New Hampshire District Court
Encyclopedia
The New Hampshire Circuit Court District Division is the "community court" of the U.S. state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...

 of New Hampshire
New Hampshire
New Hampshire is a state in the New England region of the northeastern United States of America. The state was named after the southern English county of Hampshire. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Atlantic Ocean to the east, and the Canadian...

, made up of one circuit for each County and is located in 36 cities and towns. The District Division has jurisdiction over all juvenile matters, domestic violence
Domestic violence
Domestic violence, also known as domestic abuse, spousal abuse, battering, family violence, and intimate partner violence , is broadly defined as a pattern of abusive behaviors by one or both partners in an intimate relationship such as marriage, dating, family, or cohabitation...

 cases, violation
Offense (law)
In law, an offence is a violation of the criminal law .In England and Wales, as well as in Hong Kong the term "offence" means the same thing as, and is interchangeable with, the term "crime"....

 and misdemeanor
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...

 level offenses, small claims, landlord
Landlord
A landlord is the owner of a house, apartment, condominium, or real estate which is rented or leased to an individual or business, who is called a tenant . When a juristic person is in this position, the term landlord is used. Other terms include lessor and owner...

-tenant
Leasehold estate
A leasehold estate is an ownership of a temporary right to land or property in which a lessee or a tenant holds rights of real property by some form of title from a lessor or landlord....

 issues and other civil cases. Upon the creation of the District Court in 1963, it effectively abolished the state Municipal Courts. On July 1, 2011, the New Hampshire Circuit Court was created and consolidated the District Courts with the Probate Court and Family Division.

Jurisdiction

The District Division has jurisdiction in the following matters:
  • Misdemeanor and criminal offenses
  • Civil cases in which the damages claimed, excluding real estate
    Real estate
    In general use, esp. North American, 'real estate' is taken to mean "Property consisting of land and the buildings on it, along with its natural resources such as crops, minerals, or water; immovable property of this nature; an interest vested in this; an item of real property; buildings or...

     titles, not exceeding $1,500
  • The court shares jurisdiction with the Superior Court over civil actions for damages in which the damages claimed, excluding real estate titles, do not exceed $25,000 (this ceiling can be increased to $50,000 as permitted by the state Supreme Court).
  • The court shares jurisdiction over domestic violence
    Domestic violence
    Domestic violence, also known as domestic abuse, spousal abuse, battering, family violence, and intimate partner violence , is broadly defined as a pattern of abusive behaviors by one or both partners in an intimate relationship such as marriage, dating, family, or cohabitation...

     cases with the Superior Court.

Organization

The District Division has 36 courts located in 34 districts. The locations of the court were devised by the legislature so that each District Court would be within 20 miles of the inhabitants of each district. The District Division has 19 fulltime judges and 50 part time judges.

Appointment

Part II, Article 46 of the state constitution
New Hampshire Constitution
The Constitution of the State of New Hampshire is the fundamental law of the State of New Hampshire, with which all statute laws must comply. The constitution became effective June 2, 1784, when it replaced the state's constitution of 1776....

, states all judicial officers shall be nominated and appointed by the Governor and Executive Council
Executive Council of New Hampshire
The Executive Council of the State of New Hampshire is the executive body of the U.S. state of New Hampshire. The Executive Council advises the Governor on all matters and provides a check on the governor's power. New Hampshire is one of the few states that has an Executive Council, and is the...

. It also states that such nominations shall be made at least three days prior to such appointment and no such appointment shall take place unless a majority of the council agrees.

Length of Tenure

All judicial officers hold their offices during "good behavior," according to Part II, Article 73 of the state constitution. Part II Article 78 of the state constitution requires Judges retire at the age of seventy years old.

Salary

The salaries of the District Division judges and other state judges are set by the General Court. In the District Court salaries are weighted based on the caseload of the court from the previous year. Associate judges also receive a weighted salary, but can make no more than 70% of a District Division judge.

History

In 1963, district courts were created by the legislature to replace the existing municipal courts. RSA 502-A:35, effective July 1, 1964, abolished all Municipal Courts, unless cities and towns voted by ballot to "continue to maintain its existing municipal court so long as its present judge remains in office." The law required that once there was a vacancy on the Municipal Court judge, it could not be filled and that court would be abolished and its jurisdiction transferred to the appropriate District Court.

Lists


External links


RESTRUCTURING SUPPORTED BY GOVERNOR AND LEGISLATURE
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