Elected and appointed officials. Providing that all state court judges shall be subject to recall and removal by petition and vote of registered voters pursuant to provisions established by the legislature.
If enacted, the amendment would modify Article 73 of the New Hampshire Constitution to redefine the tenure of judicial officers. This change would make it possible for state court judges to be removed not just for criminal misconduct or malfeasance but also based on public dissatisfaction. This could lead to increased accountability for judges but could also create concerns about the politicization of the judiciary, allowing the possibility of judges being removed due to disfavor rather than lawful or ethical violations.
CACR27 proposes an amendment to the New Hampshire State Constitution that would allow for all state court judges to be subjected to recall and removal through a petition and a vote of registered voters. Currently, the only way to remove judicial officers in New Hampshire is through impeachment, which requires involvement from the governor and the executive council. This amendment aims to empower voters by granting them a direct mechanism to hold judges accountable to the public, reflecting a push for greater democratic control over the judiciary.
The sentiment surrounding CACR27 has been mixed. Supporters argue that the amendment fosters accountability among judges and aligns judiciary practices with the principles of democratic governance. They emphasize that the ability to recall judges would protect citizens' interests and ensure that judicial behavior aligns with societal expectations. Conversely, opponents express trepidation that such a system could undermine judicial independence, leading to decisions being influenced by public opinion rather than objectivity and justice.
Key points of contention include the potential for misuse of the recall process, particularly driven by political motivations or public sentiment rather than legitimate grievances regarding judicial conduct. Critics are concerned that allowing voters to remove judges could lead to instability and a lack of consistency in the judicial system. Additionally, there is apprehension that such a measure could particularly affect judges making controversial rulings, thereby shaping the judiciary's function as an independent check on other branches of government.