Limiting harassing or intimidating court filings in family court proceedings.
Impact
The bill modifies existing family law statutes (RSA 458 and 461-A) to include clear guidelines against harassment through legal filings. The Judicial Branch has indicated that this change may lead to an indeterminable increase in litigation, as parties seek to enforce the new prohibitions. Furthermore, judges will be tasked with monitoring and reporting any frivolous or harassing behavior to the proper authorities, which could potentially enhance accountability within the legal system. However, the exact extent of increased litigation and related judicial workload remains uncertain.
Summary
House Bill 1458 is an act aimed at limiting excessive and harassing legal filings in family court proceedings, specifically in cases regarding divorce, annulment, and parental rights. The bill introduces a prohibition on such filings, establishing that if a court determines an action or defense is frivolous or intended to harass the prevailing party, it may award the prevailing party with reasonable costs, attorney fees, and an additional amount of $1,000. This provision intends to discourage malicious litigation practices in family law cases and promote fair legal processes.
Sentiment
The sentiment surrounding HB 1458 is generally supportive among those advocating for reforms in family law, as it addresses significant issues related to harassment in sensitive legal matters. Advocates argue that by curbing abusive legal practices, the bill will protect individuals from being subject to undue stress and financial burden caused by excessive filings. However, there may be concerns about the practical implications of enforcing these provisions, as well as the potential for misuse of the bill’s protective measures, which could lead to conflicts in interpretation and implementation.
Contention
Although there is overall support for the intent of HB 1458, the implementation of the bill may face scrutiny regarding how courts will determine what constitutes excessive or harassing filings. Critics might be concerned that the definitions provided may be too subjective, potentially leading to inconsistent adjudication across different cases. Additionally, the requirement for judges to report alleged misconduct could bring about complications in judicial evaluations and ethics, adding a layer of complexity in an already sensitive field of law.
Limiting breast surgeries for minors, relative to residential care and health facility licensing, and relative to the collection and reporting of abortion statistics by health care providers and medical facilities.