March 18, 2020
The coronavirus has made this an interesting time. But it doesn’t mean we can do things that, you know, we can’t do.
The New Hampshire Supreme Court recently issued an Order suspending virtually all in-court proceedings through April 6th.
Fine. I have no problem with that.
But looking more closely at the order, I came across this troubling sentence: “Statutes of limitations and statutes of repose that would otherwise expire during the period between March 16 and April 6, 2020 are hereby extended to April 7, 2020.”
Far be it from me to challenge the wisdom of the New Hampshire Supreme Court, but this is clearly a violation of the separation of powers clause of the constitution. The Court cannot simply rewrite laws. If the legislature chooses to extend the statute of limitations (see that word “statute”??), it can. The Court simply can’t.
Of course, if you’re going to challenge the Court’s action, you’re going to have to… you know… complain to the very Court that issued the order in the first place.
The coronavirus has made this an interesting time.