New Hampshire Law Blog

One Legislator Wants to Usurp Court's Traditional Role

One legislator has sponsored a proposed Constitutional Amendment this year (2006) to give the legislature the power to override the rules that govern court procedures.  CACR 0036 was introduced this session by Rep. J. Wheeler, and it is introduced as a Consitutional Amendment instead of a bill because any bill trying to change the checks and balances of our government so radically would violate our state constitution. 

Currently, the state Judicial Branch has the constitutional authority to make the rules that control how the courts actually work.  The rules have developed over a very long period of NH history, and they are based on the practical realities faces by pro se litigants, lawyers, judges and others involved with the courts over many years.  The notion of Separation of Powers between the three branches of government (executive, legislative and judicial) requires that the courts not be under the thumb of the very body whose laws the courts must review and rule upon.

If the legislature has the authority to control the rules that govern the state courts, there will, practically speaking, be almost no judicial independence.  In essence, the courts will be controlled by the whim of the individual legislators who may happen to have a case pending or a grudge against a particular judge.  Furthermore, allowing a body of over 400 legislators to create the rules governing court procedure, when most of those legislators are unfamiliar with court procedures, would throw the court system into chaos, making an already crowded and slow-moving court system even slower and more difficult to access. 

The control over the rules governing the courts belongs with the courts and should remain with the courts.  This American tradition should not be overturned as a result of the personal views of a few disgruntled individuals.

Trail Groomers Seek Immunity For Their Negligence

HB 1402, being introduced during the 2006 New Hampshire legislative session, is intended to relieve trail groomers from any duty to use reasonable care when constructing, maintaining or improving any trails for public use.   (Click here to view HB 1402.) (Click here to view the law it will change.)

If the bill is enacted, it will expand immunity from liability far beyond the current law which protects landowers, lessees and occupants from liability when they allow others to use their premises for free.  If the occupant charges a fee for use of the premises, they do not get the immunity. 

Under the new law, trail groomers will be not be required to give anything in return for their immunity, and they will not be accountable for any negligence on their part that results in injuries to people using the trails.  This will be true whether they are grooming trails voluntarily, or making money.  This new law is being proposed due to a case against a trail groomer brought by the estate of a deceased snowmobiler who crashed into a grooming machine.  (Click here to read that case.)

If you're a snowmobiler, and you cross a faulty bridge, or are hurt by a poorly placed wire you don't see, you will have no legal recourse, and you will be responsible for your own medical bills, lost wages and all other losses.  The person who negligently built the bridge or placed the wire in your path will not be accountable.