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CACR 29

Relating to the supreme court.Providing that the supreme court may not make rules that have the force and effect of law.

2026 Regular Session Introduced by Linda McGrath and 2 co-sponsors

New Hampshire constitutional amendment would eliminate state supreme court's authority to create rules with legal force, shifting all rule-making power exclusively to the legislature.

Committee Report: Without Recommendation 02/13/2026 (Vote 10-10; RC) HC 10 P. 98
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Bill Summary · CACR 29

Legislative bill overview

CACR 29 is a constitutional amendment resolution that would restrict the New Hampshire Supreme Court's authority by prohibiting it from creating rules that carry the force and effect of law. Currently, the court possesses rulemaking power—a common practice in state judicial systems—that allows it to establish procedural rules governing court operations, evidence, and practice standards.

Why is this important

This amendment would fundamentally alter the balance of power between the judicial and legislative branches in New Hampshire. Courts rely on rulemaking authority to adapt procedures efficiently without waiting for legislative action, and removing this power could slow judicial administration while shifting all rule-creation authority exclusively to the legislature, which has limited time and resources to address technical court procedural matters.

Potential points of contention

  • Judicial independence vs. legislative control: Proponents argue legislatures should control all law-making; opponents contend rulemaking is essential judicial function that shouldn't be politicized through legislative oversight
  • Practical court operations: Restricting rulemaking could create bottlenecks requiring legislative action for routine procedural updates, potentially delaying necessary court reforms
  • Constitutional interpretation: Unclear what constitutes rules "with force and effect of law" versus internal administrative procedures, creating ambiguity in implementation and potential future legal challenges

Compiled from official sources — confirm details with the bill’s official record.

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