N.H. Sup. Ct. R. 22A

(1) A litigant alleging that the judicial misconduct of a judicial officer of the supreme court has caused that judicial officer to enter a ruling, decision, or judgment by which the litigant is aggrieved may seek relief pursuant to RSA 490:30-b by filing a motion to vacate the ruling, decision, or judgment. The motion must be filed into the supreme court case in which the ruling, decision, or judgment was entered, even if the mandate in the case has issued, and must be served on all other parties to the case in accordance with Rule 18 of the Supplemental Rules of the Supreme Court for Electronic Filing.

(2) No answer to a motion to vacate shall be required unless requested by the chief justice, but any answer or objection must be filed within 20 days of the filing of the motion.

(3) If an answer/objection to a motion to vacate is filed, no reply to the answer/objection may be filed without prior permission of the chief justice. A motion for permission to file a reply must be filed within 10 days from the date the answer/objection has been filed; provided, however, that the chief justice may act upon a motion to vacate prior to the expiration of said ten-day period. Any reply to an answer/objection filed without prior permission of the chief justice shall not be considered.

(4) After considering the submissions of all interested parties, the chief justice shall determine, with or without a hearing or further submissions, whether there is a reasonable likelihood that the misconduct of the judicial officer had a causal bearing on the challenged ruling, decision, or judgment. If there is a determination of no reasonable likelihood that the misconduct had a causal bearing on the ruling, decision, or judgment, the chief justice shall deny the motion to vacate. If there is a determination of a reasonable likelihood that the misconduct did have a causal bearing on the ruling, decision, or judgment, the chief justice shall vacate the ruling, decision, or judgment and set the

matter for rehearing either before a judicial officer other than the one found to have committed misconduct or before a panel of judicial officers not including the one found to have committed misconduct.

(5) Any motion for reconsideration of the chief justice’s determination shall be filed within 10 days of the issuance of that determination and, notwithstanding any other provision in these rules to the contrary, shall be referred to the chief justice for decision.

(6) An appeal from the chief justice’s determination may be filed in accordance with RSA 490:30-b, II and these rules. An appeal from a final ruling pursuant to RSA 490:30-b, II is a mandatory appeal under these rules.

(7) References in this rule to the chief justice shall instead apply to the senior associate justice if the chief justice is the judicial officer found to have committed misconduct.