Part 1 — .1
9.23 Continuation in office
accordance with this section, be approved to continue in office as a
judge.
(2) Where a judge, other than a judge referred to in subsection (3),
has attained the age of 70 years, the Chief Justice may approve that
person to continue in office as a judge for a term of one year.
(3) Where a judge who is the Chief Justice, the Deputy Chief
Justice or an Assistant Chief Justice has attained the age of 70
years, the Judicial Council may approve that person to continue in
office as a judge for a term of one year.
(4) Where a judge has been approved to continue in office as a
judge under this section,
(a) in the case of a judge, oth er than a judge referred to in
clause (b), the Chief Justice may approve that person to
continue in office as a judge for a term of one year, and
(b) in the case of a judge who is the Chief Justice, the Deput y
Chief Justice or an Assistant Chief Justice, the Judicial
Council may approve that person to continue in office as a
judge for a term of one year.
(5) The Chief Justice or the Judicial Council may approve a person
to continue in office as a judge under this section if
(a) the Chief Justice or the Jud icial Council, as the case may be,
determines that approving that person to continue in office
RSA 2000
will enhance the efficient and effective administration of the
Court, and
(b) the approval is given in accordance with and subject to th e
criteria established by the Chief Justice and approved by the
Judicial Council.
(6), (6.1) Repealed 2017 c22 s42.
(7) A judge shall only be approved to continue in office under this
section if
(a) repealed 2017 c22 s42,
(b) the judge has consented to continue in office,
(c) the judge is not nor has been a supernumerary judge, and
(d) the judge has not attained the age of 75 years.
(8) A judge who has been approved to continue in office under this
section may, subject to subsection (7), be approved to continue in
office under subsection (4) for further terms of one year.
(9) Notwithstanding anything in this section, if a judge who is
approved to continue in office under this section attains the age of
75 years at any time during the judge's term, that judge's term
expires when that judge attains that age.
(9.1) If a judge is approved to continue in office under this section,
the Chief Justice or the Judicial Council, as the case may be, shall
notify the person designated by the Minister of Justice no later than
20 days before the effective date of the approval in the form
approved by the Minister.
(10) Subject to Part 6 of the Judicature Act, no judge approved to
continue in office under this section may be removed from office
before the expiry of that judge's term.
(11) A judge who, on the coming into force of this subsection, is
serving a term of office after having been reappointed under
subsection (2), (3) or (4), as they read at any time before the
coming into force of this subsection, is deemed, on the coming into
force of this subsection, to have been approved to continue in office
for the same term.
2001 c24 s4;2008 c32 s1;2014 c13 s10;2017 c22 s42;
2022 c20 s3;AR 75/2023
RSA 2000