From Revolution to Reorganization: Why New Hampshire Kept Renaming Its Top Court
People may assume New Hampshire’s highest court has always been called the Supreme Court, but that name only arrived in 1876. For its first hundred years, the court carried four different titles, each change tied to war, constitution writing, or raw political conflict. Understanding this evolution offers insight into New Hampshire legal history and some of the political forces that shaped its judiciary.
1776: Birth of the Superior Court of Judicature
The story begins in January 1776, when the Provincial Congress adopted a temporary wartime constitution after the collapse of the royal government. This document created a legislature but left the judiciary undefined. Six months later, in June and July 1776, the General Court created the Superior Court of Judiciary, abolished the royal courts, and deployed the Superior Court of Judicature as the colony’s court of last resort. In September, the colony officially became the State of New Hampshire, making this court the highest tribunal of the new state as well.
The 1784 Constitution
When the permanent New Hampshire Constitution was adopted in 1784, it referenced both a “superior court” and a “supreme judicial court.” The terms meant the same court, but the statutory name remained Superior Court of Judicature. The somewhat casual manner in which the 1784 Constitution addressed the judiciary allowed future legislatures to reorganize and rename courts through ordinary legislation - a power that would fuel political battles for decades.
1813 - 1816: Political Upheaval and Name Swaps
In 1813, a Federalist-controlled legislature abolished the Superior Court of Judicature and created a Supreme Judicial Court, removing sitting judges and installing allies. Democratic-Republicans condemned the move as a partisan purge. When power shifted again in 1816, the reforms were repealed, and the Superior Court of Judicature returned. This cycle remains one of the clearest examples of politics driving judicial structure and naming, but it wasn’t the last.
1855: Efficiency Brings Change
Another reorganization came in 1855, replacing the Superior Court of Judicature with a Supreme Judicial Court. This time, the justification focused on efficiency and reducing circuit-riding burdens. The court’s appellate role expanded, resembling a modern statewide tribunal.
1874 - 1876: The Final Transformation
Another dramatic chapter unfolded in the 1870s. Amid partisan tensions, Democrats abolished the Supreme Judicial Court in 1874, reinstated the Superior Court of Judicature, and removed judges, including the influential Charles Doe. After backlash and political turnover, the legislature enacted a new law in 1876, creating the Supreme Court as New Hampshire’s highest tribunal. That name has remained unchanged ever since.
20th Century Stability
Later reforms insulated the judiciary from political restructuring. In 1901, trial and appellate functions were divided between a Superior Court and a Supreme Court, and a 1966 constitutional amendment gave both courts explicit constitutional status. Since then, the legislature cannot abolish or rename the state’s highest court by statute.
Why This Matters
Today’s New Hampshire Supreme Court stands at the end of a long arc - from political puppet to a truly independent third branch of government. The numerous name changes symbolize this journey. When people encounter older court opinions captioned under different names, those labels tell a story of constitutional evolution and political struggle.
You can contact Alfano Law by calling (603) 856-8411 or at this link.