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SMITH v. STATE

Nos. 78-081 and 78-137.

118 N.H. 764 (1978)

ERNEST T. SMITH III v. THE STATE OF NEW HAMPSHIRE. JAMES R. ANDERSON v. THE STATE OF NEW HAMPSHIRE.

Supreme Court of New Hampshire.

November 15, 1978.

Attorney(s) appearing for the Case

Upton, Sanders & Smith, of Concord (Ernest T. Smith III orally), pro se, for the plaintiff Smith.

Gilbert Upton, of Concord, by brief, as amicus curiae.

Carroll F. Jones, of Concord, by brief, as amicus curiae.

James R. Anderson, of Pittsfield, by brief and orally, pro se.

Thomas D. Rath, attorney general, and David W. Marshall, attorney (Mr. Marshall orally), for the State.

Judicial Council of New Hampshire (Brian D. Kenyon, executive director), filed a memorandum.

GRIMES, J.

These cases present the issue whether RSA 604-A:5 and Laws 1975, ch. 505, § 1.01(04)(05), which limit compensation to court-appointed attorneys, are unconstitutional. Plaintiffs in both cases are attorneys who challenge the system designed to compensate court-appointed counsel who represent indigent defendants.

RSA 604-A:4 provides in pertinent part:

[C]ounsel appointed pursuant to this chapter to represent the defendant at the conclusion...

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