Section 490:3 Disqualification; Temporary Justices.
I. The provisions as to the disqualification of justices of the superior court apply to justices of the supreme court. Whenever a justice of the supreme court shall be disqualified or otherwise unable to sit in any cause or matter pending before such court, the chief or senior associate justice of the supreme court may assign another justice to sit according to the provisions of paragraph II of this section.
II. Upon the retirement, disqualification, or inability to sit of any justice of the supreme court, the chief justice or senior associate justice of the supreme court may assign a justice of the supreme court who has retired from regular active service or, if a retired supreme court justice is unavailable, shall assign a justice of the superior court who has retired from regular active service to sit during supreme court sessions while the vacancy continues. The selection of a retired supreme or superior court justice shall be on a random basis. However if no retired supreme or superior court justice is available, then the selection of a replacement justice shall be made on a random basis from a pool of full-time justices of the superior court. In the event that no superior court justices are available, then the selection of a replacement justice shall be made on a random basis from a pool of full-time justices of the district and probate courts. The clerk of the supreme court shall maintain a list of superior, probate, and district court judges who are willing to serve as temporary supreme court judges.
II-a. If a vacancy occurs within 7 days of the scheduled oral argument of a case, the chief justice of the supreme court may assign to the case a temporary justice on a non-random basis if the assigned justice was assigned randomly to another case scheduled at the same monthly argument session or if the assigned justice is the chief justice of the superior court.
II-b. The chief justice of the supreme court may assign to a cause or matter as a temporary justice on a non-random basis a justice of the supreme court who sat in the cause or matter while it was pending before such court and who retired before the decision thereof. This paragraph shall not apply to any subsequent hearing of the same cause or matter.
III. A justice assigned to sit temporarily on the supreme court pursuant to paragraph II of this section shall have all the authority of a supreme court justice to hear arguments, render decisions, and file opinions. No justice shall be assigned to sit on the supreme court in the determination of any cause or matter upon which the justice has previously sat or for which such justice is otherwise disqualified nor without such justice's consent.
Source. PL 315:19. RL 369:17. 1947, 110:1. RSA 490:3. 1978, 33:2, eff. June 23, 1978. 2004, 112:1, eff. Jan. 1, 2005. 2007, 46:1, eff. May 21, 2007.