CLOUTIER v. STATE

No. 2010-714.

42 A.3d 816 (2012)

163 N.H. 445

Raymond A. CLOUTIER and another v. STATE of New Hampshire and another.

Supreme Court of New Hampshire.

Opinion Issued: March 30, 2012.


Attorney(s) appearing for the Case

Devine, Millimet & Branch, P.A., of Manchester ( Ovide M. Lamontagne and Joshua M. Wyatt on the brief, and Mr. Lamontagne orally), for the petitioners.

Michael A. Delaney , attorney general ( Anne M. Edwards , associate attorney general, and Laura E.B. Lombardi , assistant attorney general, on the brief, and Ms. Edwards orally), for the State.

Douglas, Leonard & Garvey, P.C., of Concord ( Charles G. Douglas, III and David M. Howe on the brief, and Mr. Douglas orally), for the Board of Trustees of the New Hampshire Judicial Retirement Plan.

David R. Connell , of Concord, Theodore E. Comstock , of Concord, and Betsy B. Miller , of Concord, on the joint brief, for New Hampshire Local Government Center, New Hampshire School Boards Association and New Hampshire Association of Counties, as amici curiae.


HORTON, J., retired, specially assigned under RSA 490:3.

The State appeals the Superior Court's (Brown, J.) ruling that RSA chapter 100-C (Supp.2011), the Judicial Retirement Plan, violates Part I, Article 23 of the New Hampshire Constitution. The petitioner and intervenors cross-appeal the court's ruling that salary raises provided for by Laws 2003, 311:3 and Laws 2005, 177:96 should not be included in calculating benefits under the prior retirement statutes...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases