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PETITION OF JUDICIAL CONDUCT COMM.

No. 2003-798

151 N.H. 123 (2004)

PETITION OF THE JUDICIAL CONDUCT COMMITTEE

Supreme Court of New Hampshire

Opinion Issued: June 14, 2004

Attorney(s) appearing for the Case

Nelson, Kinder, Mosseau & Saturley, P.C., of Manchester (William C. Saturley and Kristin M. Yasenka on the brief, and Mr. Saturley orally), for the Judicial Conduct Committee.

Peter W. Heed, attorney general (Ann F. Larney, associate attorney general, on the brief and orally), for the State.

Betsy B. Miller, house legal counsel and Richard J. Lehmann, senate legal counsel, by brief, for the Speaker of the New Hampshire House of Representatives and the President of the New Hampshire Senate, as amici curiae.

NADEAU, J.

The Judicial Conduct Committee (Committee) brings this petition for original jurisdiction seeking guidance as to the constitutionality of RSA chapter 494-A (Supp. 2003). The Committee contends that RSA chapter 494-A is unconstitutional. To the extent set forth in this opinion, we agree.

The Committee was created by Supreme Court Rule "to provide for the orderly and efficient administration of the Code of Judicial Conduct, Rule 38 of the Rules of...

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