limiting judicial immunity.

HB 1501-FN - AS INTRODUCED

2026 SESSION
26-2479
09/07

HOUSE BILL
1501-FN

AN ACT
limiting judicial immunity.

SPONSORS: Rep. DeRoy, Straf. 3; Rep. Nalevanko, Ches. 9; Rep. D. Kelley, Hills. 32; Rep. Bailey, Straf. 2; Rep. Bernardy, Rock. 36; Rep. Potenza, Straf. 19; Rep. Perez, Rock. 16; Rep. Sabourin dit Choiniere, Rock. 30; Rep. Sellers, Graf. 10; Rep. Kaczynski, Straf. 5

COMMITTEE: Judiciary

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ANALYSIS

This bill limits judicial immunity to allow for criminal or civil remedies for actions by members of the judiciary for certain actions.

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Explanation: Matter added to current law appears in
bold italics.
Matter removed from current law appears [
in brackets and struckthrough.
]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
26-2479
09/07

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT
limiting judicial immunity.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Chapter; Judicial Immunity. Amend RSA by inserting after chapter 490-K the following new chapter:
CHAPTER 490-L
JUDICIAL IMMUNITY
490-L:1 Definitions. As used in this chapter:
I. "Judicial immunity" means the protection from criminal or civil liability granted to judges for acts performed in their official capacity.
II. "Judicial state actors" means a government official or entity that holds judicial power and is subject to constitutional limitations, and shall include judges and other officials acting within the judicial branch of the state.
490-L:2 Limitation of Judicial Immunity. Judicial immunity shall not serve to indemnify or hold harmless judicial state actors from criminal prosecution or civil tort proceedings if a judicial state actor is alleged to have committed an action that goes beyond the scope of their judicial duties and constitutes either criminal conduct or an intentional tort, or where the act is palpably in excess of the jurisdiction of the judicial state actor and is done maliciously or corruptly.

2 Effective Date. This act shall take effect upon its passage.

LBA
26-2479
12/2/25

HB 1501-FN- FISCAL NOTE
AS INTRODUCED

AN ACT
limiting judicial immunity.

FISCAL IMPACT:

This bill does not provide funding, nor does it authorize new positions.

Estimated State Impact

FY 2026
FY 2027
FY 2028
FY 2029

Revenue
$0
$0
$0
$0

Revenue Fund(s)
None

Expenditures*
$0
Indeterminable Increase
$0 to $250,000
Indeterminable Increase
$0 to $250,000
Indeterminable Increase
$0 to $250,000

Funding Source(s)
General Fund

Appropriations*
$0
$0
$0
$0

Funding Source(s)
None

*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill

Estimated Political Subdivision Impact

FY 2026
FY 2027
FY 2028
FY 2029

County Revenue
$0
$0
$0
$0

County Expenditures
Indeterminable

Local Revenue
$0
$0
$0
$0

Local Expenditures
Indeterminable

METHODOLOGY:
This bill creates RSA 490-L, which limits judicial immunity by allowing criminal prosecution or civil tort claims against judges and other judicial state actors for actions that exceed the scope of judicial duties, constitute criminal conduct, intentional torts, or acts that are palpably beyond jurisdiction and done maliciously or corruptly.
With the limits on judicial immunity applying broadly to judges, clerks, administrators, and judicial staff, the Branch anticipates an increase in requests for legal consultation and representation through its Office of General Counsel. Depending on the volume of new claims, the Branch may need an additional attorney. The Judicial Branch states this bill will result in an indeterminable increase in state expenditures, between $0 to $250,000 depending on the volume of new claims and the need for an additional attorney, beginning in FY 2027.
Additionally, this bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at:
https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf

AGENCIES CONTACTED:
Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association