Opinion of the Justices

The Governor and Council adopted the following resolution on December 3, 2003, and filed it with the supreme court on December 9, 2003:

“Whereas, Part 2, Article 46 of the New Hampshire Constitution provides, in pertinent part, that ‘[a]ll judicial officers... shall be nominated and appointed by the governor and council;’ and

“Whereas, pursuant to Part 2, Article 46, the Governor and Council have nominated and appointed all chief justices of the supreme and superior courts and their predecessor courts since the enactment of Part 2, Article 46 up to and including Chief Justice David A. Brock; and