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NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Reporter, Supreme Court of New Hampshire, One Charles Doe Drive, Concord, New Hampshire 03301, of any editorial errors in order that corrections may be made before the opinion goes to press. Errors may be reported by E-mail at the following address: reporter@courts.state.nh.us. Opinions are available on the Internet by 9:00 a.m. on the morning of their release. The direct address of the court's home page is: http://www.courts.state.nh.us/supreme. THE SUPREME COURT OF NEW HAMPSHIRE ___________________________ Strafford No. 2010-737 DAVID FISCHER v. SUPERINTENDENT, STRAFFORD COUNTY HOUSE OF CORRECTIONS Argued: February 9, 2012 Opinion Issued: April 20, 2012 David Fischer, by brief, pro se, and Christopher M. Johnson, chief appellate defender, of Concord, on the brief and orally, for the petitioner. Soldati Law Offices, P.A., of Portsmouth (Lincoln T. Soldati on the brief and orally), for the respondent. HICKS, J. The petitioner, David Fischer, appeals orders of the Superior Court (Brown and Wageling, JJ.) on his motions for pretrial bail, claiming that the court delegated authority to Strafford County Community Corrections (SCCC), which is managed by the respondent, Superintendent, Strafford County House of Corrections, and part of the executive branch, in violation of the separation of powers doctrine. We affirm. The following facts are either undisputed or supported in the record. On February 19, 2010, the petitioner was arrested on charges of second degree

assault, a class B felony, see RSA 631:2 (Supp. 2011), and six related misdemeanors. Bail was set by the Dover District Court (Cappiello, J.) at $75,000 cash, subject to certain conditions, including, if the petitioner posted bail, supervision by SCCC with a sobrietor, GPS monitoring, and a mental health referral. Bail was continued by the Court (Weaver, J.) on March 5, 2010. The petitioner filed a motion in superior court for an amendment of bail, arguing that $75,000 cash bail was excessive and that he was entitled to personal recognizance (PR) bail, pursuant to RSA 597:2 (Supp. 2011). He proposed that he would reside with his mother in Rochester. Following a hearing on May 3, the Court (Brown, J.) ordered that bail would "remain as is" at $75,000 cash with the stated conditions, and scheduled a further hearing. Judge Brown issued an amended order on May 6, lowering the cash bail to $50,000 and setting conditions, if bail was posted, including that the petitioner: (1) "live at: his mother's house on house arrest to leave for mental health counseling only"; (2) refrain from using drugs and alcohol and "[s]ubmit to random drug [and] alcohol tests"; and (3) be "supervised [and] electronically monitored by SCCC [with] GPS, Sobrietor [and] Mental Health Refera[l]." On June 1, Judge Brown again ruled that bail would remain as is and ordered a further hearing at a time the defendant's therapist would be available to testify. At that subsequent hearing, on June 15, Judge Brown ruled as follows from the bench: What we're going to do, Mr. Fischer, is that it's going to stay at 50,000 cash to convert to personal recognizance upon verification of residence, which I don't think is going to be a problem because it's your mother's residence, and confirmation of an existing and ongoing mental health and medical appointments. So you'll be released on a GPS[,] Sobrietor, administrative home confinement, basically house arrest. You'll be able to leave the residence for mental health, medical, consult with counsel, and meeting with [SCCC]. But other than those

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