You can’t live free in a state that has allowed its judiciary to self-regulate, to literally police itself, alongside the power to make rules with the force of law. New Hampshire’s courts are a nightmare and the last place anyone wants to find themselves, especially in Family Court. There is a lack of accountability and transparency, an issue also evident in local courts.
So, what do we do?
I’m trying to help collect signatures for two remonstrances to the Legislature, a formal filing of grievances by Granite Staters to begin the process of correcting the systemic injustice that exists in our court system.
The first one relates to Article 72a
A Memorial and Remonstrance
Honorable Members of the General Court:
When a free people, guided by patriotic virtue, entrust the supreme power of government to chosen representatives, it is the duty of the people to respect and support those representatives, while it is equally the duty of representatives to safeguard the community’s political interests and privileges. When representatives, through design or neglect, adopt measures that harm the common good or fail to promote it, the people have a natural and constitutional right to remonstrance, as affirmed by the New Hampshire Constitution (N.H. Const.), Part I, Article 32:
“The people have a right, in an orderly and peaceable manner, to assemble and consult upon the common good, give instructions to their representatives; and to request of the legislative body, by way of petition or remonstrance, redress of the wrongs done them, and of the grievances they suffer.”
Further, Part I, Article 31 mandates:
“The legislature ought frequently to assemble for the redress of grievances, for correcting, strengthening and confirming the laws, and for making new ones, as the common good may require.” June 2, 1784
We, the undersigned inhabitants, qualified voters, and taxpayers of New Hampshire, under the authority of Part I, Article 32, submit this Remonstrance, asserting that the amendment to the N.H. Constitution, Part II, Article 72-a, is repugnant to Part I, Articles 1, 12, and 15, and Part II, Article 4. This amendment provides grounds for reforming or dissolving the current form of government, a right reserved to the people under Part I, Article 10.
Grievance
The amendment, Part II, Article 72-a, undermines the General Court’s constitutional authority under Part II, Article 4, which states:
“The general court shall forever have full power and authority to erect and constitute judicatories and courts of record, or other courts, to be holden, in the name of the state…”
The inclusion of the phrase “except as otherwise provided by Article 72-a of Part 2” was enacted without proper disclosure to voters, failing to meet the consent requirements of Part I, Articles 1, art. 12, and art.15, as established in Gerber v. King (1967). Voters were not informed that this amendment would limit their right to ensure legislative oversight of the judiciary, thereby weakening a critical check on judicial power.
Instructions to the General Court
We, having assembled and consulted upon the common good, instruct the General Court to:
- Repeal Article 72-a: Remove Part II, Article 72-a, including the phrase “except as otherwise provided by Article 72-a of Part 2,” to restore the General Court’s full authority over the judiciary as provided by Part II, Article 4.
- Restore Legislative Oversight: Ensure the judiciary operates in accordance with the laws of the land, the N.H. Constitution, and the U.S. Constitution, consistent with the sworn oaths of public officials.
- Protect Constitutional Rights: Uphold the rights of the people by ensuring the judiciary remains accountable to the General Court and, by extension, the citizens of New Hampshire.
Conclusion
We respectfully urge the General Court to address this grievance promptly, in accordance with Part I, Article 31, by repealing Article 72-a and restoring the constitutional balance of power. This action will ensure the judiciary upholds its duty to protect the rights of the people, as required by the N.H. Constitution and the U.S. Constitution.
Respectfully submitted,
The Subscribers, Inhabitants, Qualified Voters, and Taxpayers of New Hampshire
Attached hereto and incorporated herein by reference, [The undersigned]:
The Second relates to Article 73a
A Memorial and Remonstrance
Honorable Members of the General Court:
When a free people entrust the supreme power of government to representatives chosen from among their citizens, it is the duty of those representatives to safeguard the political interests and privileges of the community. Conversely, it is the natural and constitutional right of the people to remonstrate against any measures adopted by their representatives that injure the common good or neglect the public welfare, as affirmed by Part I, Article 32 of the New Hampshire Constitution (N.H. Const.), which states:
“The people have a right, in an orderly and peaceable manner, to assemble and consult upon the common good, give instructions to their representatives, and to request of the legislative body, by way of petition or remonstrance, redress of the wrongs done them, and of the grievances they suffer.”
Additionally, Part I, Article 31 of the N.H. Const. provides:
“The legislature ought frequently to assemble for the redress of grievances, for correcting, strengthening and confirming the laws, and for making new ones, as the common good may require.” June 2, 1784
“We, the undersigned inhabitants of the State of New Hampshire, qualified voters, and taxpayers (N.H. Const. Part I, Articles 11 and 12), under the authority of Part I, Article 32, hereby submit this Remonstrance to address grievances arising from the adoption of the constitutional amendment known as Part II, Article 73-a. We assert that this amendment is repugnant to and inconsistent with the principles and provisions of Part I, Articles 1, 12, 15, and 37, and Part II, Article 100 of the N.H. Constitution. Specifically, Article 73-a, which grants certain rule-making powers, violates the consent clauses of Part I, Articles 1, 12, and 15, as well as the procedural requirements for constitutional amendments under Part II, Article 100, due to the lack of full disclosure of the amendment’s language and intent to voters. Furthermore, the provision in Article 73-a stating, ‘The rules so promulgated shall have the force and effect of law,’ undermines the constitutional separation of powers and the exclusive legislative authority of the General Court.”
Pursuant to our rights under Part I, Article 10 of the N.H. Const., which reserves to the people the power to reform or alter the government when it fails to serve the public good, we, having assembled and consulted upon the common good, hereby instruct the members of the General Court to take the following actions:
- Repeal the unconstitutional amendment known as Part II, Article 73-a.
- Restore the constitutional separation of powers by returning exclusive law-making authority to the legislature.
- Ensure that all judicial and legislative actions conform to the New Hampshire Constitution and the Constitution of the United States, in accordance with the sworn duty of all public officials to uphold their oaths of office and protect the rights of the people.
We respectfully request that the General Court act promptly to address these grievances and restore harmony to the laws of the state and the principles enshrined in our Constitution.
Respectfully submitted,
The Subscribers, Inhabitants, Qualified Voters, and Taxpayers of New Hampshire.
Attached hereto and incorporated herein by reference, [The undersigned]:
If you would like to sign these (must be done in person), please reach out to this email (1danielrichard@protonmail.com.) for times and locations where you can do that. We are on a short timetable for this, so please consider joining the list of signers as soon as you can meet to do so.
