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News Release

For Immediate Release
November 1, 2010

Contact:
Anne Edwards, Associate Attorney General
(603) 419-9538

Court Funding Lawsuit Dismissed, Baxter et al v. State of New Hampshire

New Hampshire Attorney General Michael A. Delaney announces the case filed against the State of New Hampshire alleging insufficient funding of the Judicial Branch has been dismissed.

On Friday October 29, 2010, Merrimack County Superior Court Judge Timothy J. Vaughn dismissed the matter. "Because the petition fails to state a justifiable cause of action, the State's motion to dismiss is granted," the Court ruled.

Petitioners were seeking an additional $4 million dollars in funding for the judicial branch for the remainder of this fiscal year, ending June 30, 2011. Petitioners also sought permanent injunctive relief requiring the State to provide adequate funding to the Judicial Branch. The State argued that the Legislature had adequately funded the Judicial Branch. The State asserted that funding decisions made by the Legislature raised political questions not appropriate for judicial review.

Attorney General Delaney said, "It was appropriate for the Court to dismiss this lawsuit. The decision preserves the Legislature's proper role to determine budget allocations for all three branches of government."

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New Hampshire Department of Justice | 33 Capitol Street | Concord, NH | 03301
Telephone: 603-271-3658