OPINION OF THE JUSTICES

No. 98-322.

142 N.H. 892 (1998)

OPINION OF THE JUSTICES (SCHOOL FINANCING)

Supreme Court of New Hampshire.

June 23, 1998.


Attorney(s) appearing for the Case

Philip T. McLaughlin, attorney general, (Mr. McLaughlin, Steven M. Houran, deputy attorney general, Martin P. Honigberg, senior assistant attorney general, Anne M. Edwards, assistant attorney general, on the memorandum, and Mr. McLaughlin orally) in support of negative answers to the questions presented.

Paul McEachern, of Portsmouth, on the memorandum and orally, on behalf of Governor Jeanne Shaheen, in support of returning the questions unanswered or returning negative answers to the questions presented.

Joshua L. Gordon, of Concord, on the memorandum and orally, on behalf of State Senators Caroline McCarley, Allen Whipple, Clesson Blaisdell, Debora Pignatelli, Sylvia Larsen, John King, Katie Wheeler, Beverly Hollingworth, and Burton Cohen, in support of returning the questions unanswered or returning negative answers to the questions presented.

Peter Hoe Burling, Ann Torr, Merle Schotanus, Joseph Stone, and Richard Champagne, State Representatives, on the memorandum, and Mr. Burling orally, in support of returning the questions unanswered or returning negative answers to the questions presented.

John M. Lewis, Gail F. Paine, Joel C. Olbricht, Ann McArdle, and Jeffrey M. Pollock, members of the State Board of Education, on the memorandum, and Mr. Lewis orally, in support of negative answers to the questions presented.

Stanley R. Arnold, commissioner, of Concord, on the memorandum and orally, on behalf of the New Hampshire Department of Revenue Administration, in support of negative answers to the questions presented.

John E. Tobin, Jr., of Concord, on the memorandum and orally, McLane, Graf, Raulerson and Middleton, P.A., of Manchester (Wilbur A. Glahn, III on the memorandum), and Stein, Volinsky and Callaghan, P.A., of Concord (Scott F. Johnson and Andru H. Volinsky on the memorandum), on behalf of the Claremont petitioners (except Franklin School District), in support of affirmative answers to the questions presented.

Kirkpatrick & Lockhart, of Boston, Massachusetts (John M. Edwards on the memorandum and orally), on behalf of the New Hampshire House Republican Alliance & a., in support of affirmative answers to the questions presented.

Frederic K. Upton, of Concord, on the memorandum and orally, in support of affirmative answers to questions 1 and 2.

James M. Rubens, State Senator, of Etna, on the memorandum and orally, and Edward C. Mosca, of Concord, on the memorandum, in support of affirmative answers to the questions presented.

Sheehan Phinney Bass + Green, of Manchester (Thomas J. Flygare on the memorandum), on behalf of Fredrick J. Bramante (Mr. Bramante orally), in support of affirmative answers to questions 1 and 2.


The following resolution, Senate Resolution No. 4, requesting an opinion of the justices, was adopted by the senate on May 21, 1998, and filed with the supreme court on May 22, 1998:

"Whereas, there is presently before the Senate HB 1280-LOCAL, an act clarifying the procedures for background criminal checks for school employees and volunteers; and

"Whereas, there is also presently pending before the Senate, an amendment to HB 1280-LOCAL (document number 1998...

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