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New Hampshire Revised Statutes

N.H. Rev. Stat. Ann. § 490:1 (2026)

Justices

✓ current as of May 2026
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    490:1 Justices. – The supreme court shall consist of 5 justices appointed and commissioned as prescribed by the constitution. On the effective date of this section, the administrative position of chief justice shall be held by the justice with the most seniority on the court for a period of up to 5 years. Each succeeding chief justice shall serve for a period of up to 5 years and shall be the justice with the most seniority of service on the court who has not yet served as chief justice. A justice may decline to serve as chief justice; however, no justice shall be permitted to serve successive terms as chief justice. In the event that all 5 justices have served a term as chief justice, succeeding chief justices shall serve rotating 5-year terms based on seniority.

Source. RS 171:1. CS 181:1. 1855, 1659:1. 1859, 2211:4. 1874, 97:1. 1876, 25:1. GS 189:1. 1877, 25:1. GL 208:1. PS 204:1. 1901, 78:1. PL 315:1. RL 369:1. 1945, 174:3. RSA 490:1. 1978, 33:1. 2001, 50:1, eff. Dec. 31, 2003.

Notes of Decisions
Cited in 3 cases, 1998–2004 · leading case: In re the Governor & Exec. Council, 846 A.2d 1148 (N.H. 2004).
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In re the Governor & Exec. Council, 846 A.2d 1148 (N.H. 2004). · cites it 19× “On December 24, 2003, the petitioners, Craig Benson as Governor of the State of New Hampshire, and the Executive Council of the State of New Hampshire, petitioned this court pursuant to Supreme Court Rule 11 to exercise original jurisdiction and rule that RSA 490:1, as amended…”
Opinion of the Justices, 842 A.2d 816 (N.H. 2003). · cites it 5× “Laws 50 :1, amending RSA 490:1 (Supp. 2002) to provide that upon the retirement of Chief Justice Brock ‘that the administrative position of chief justice shall be held by the justice with the most seniority on the court for a period of up to 5 years.”
Claremont Sch. Dist. v. Governor, 712 A.2d 612 (N.H. 1998). · cites it 2× “See RSA 490:1 (1997). When Justice Batchelder retired in 1995, he ceased to hold the office of justice.”
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