New Hampshire
New Hampshire’s highest court is the Supreme Court of New Hampshire. The court has four associate justices and one chief justice. The chief justice is appointed according to the same procedures as the associate justices. (Source: New Hampshire Judicial Branch)
Judicial Selection
The governor nominates justices to the Supreme Court of New Hampshire from a list provided by a judicial nominating commission. The nominee must be confirmed by a majority of the executive council, a five-member body whose members are chosen in partisan elections every two years. An appointed justice serves a single term until mandatory retirement at age 70. To fill an interim vacancy, the governor selects a candidate for a single term from a list provided by a judicial nominating commission but is not required to select a candidate from the list. The nominee must be confirmed by a majority of the executive council.
State Constitution
New Hampshire has had two constitutions adopted in 1776 and 1784. As of January 1, 2024, it had 147 amendments. (Source: John Dinan, 2024)
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State High Courts Split on Laws Letting Survivors of Sexual Abuse Sue After Expiration of Statutes of Limitations
State supreme courts have emphasized different constitutional provisions to decide whether bills reviving time-barred civil causes of action for child sexual abuse claims are constitutional.
Everyone Benefits When Judges Come from a Variety of Backgrounds
Amid attacks on “diversity, equity, and inclusion,” the need for representative state supreme courts is as urgent as ever.
States, Not the President, Run Elections in America
The administration’s attempts to undermine or interfere with elections run afoul of constitutional delegations of responsibility.
The Extra Hurdle in State Courts to Prove a Statute Violates the U.S. Constitution
Many states require a litigant challenging a statute as violating the U.S. Constitution to prove the statute is unconstitutional “beyond a reasonable doubt.”
Book Excerpt: Impermissible Punishments: How Prison Became a Problem for Democracy
The U.S. prison system violates democratic social orders aiming to lessen racist and class hierarchies. Its development was not inevitable.
Book Excerpt: Sedition: How America's Constitutional Order Emerged from Violent Crisis
Throughout history, state constitutional drafting has involved failure and violent crisis and has sometimes torn us apart rather than brought us together.
How Will Federal Funding Cuts Impact State Budgets?
Fiscal provisions found in every state constitution constrain states’ ability to work around budget shortfalls.
How Much Do You Know About State Constitutions and Courts?
Learn why state constitutions are so long, which high court is almost completely made up of women, and more.