A local judge is troubled by what he says is the state Supreme Court's effort to get court employees to vote against a proposed constitutional amendment that would curtail the judiciary's power.

Superior Court Judge Arthur Brennan of Weare released a statement yesterday saying the court "made a serious error"when it sent an e-mail to all judicial employees last week explaining the justices' opposition to the amendment, which will appear on ballots Tuesday.

"I responded to the e-mail and sent a message to all court employees that there were court employees who differed with the Supreme Court on the issue and that we should decide independently what we think is right for New Hampshire," Brennan said.

In a written statement, Chief Justice John Broderick called the e-mail a "courtesy" and said it was meant to inform, not influence, voters. About 20 newspapers received copies of the same letter, and Broderick wanted employees to be aware of the court's position on the amendment.

"I have no doubt that our staff understands that by sending that e-mail, we were simply extending a courtesy to them to keep them informed," he wrote. "Our staff is free to take any position they choose, and I am confident they know that. Their vote on Tuesday is secret and will remain secret."

The amendment's language is complex. It would give lawmakers, not judges, the final say when court rules and state laws are at odds. If approved, the Legislature would control many day-to-day court operations and have more power over the rules of evidence and where judges are stationed.

The proposed amendment, which needs two-thirds approval to pass on Tuesday, was supported by most legislators and lost by just a few percentage points two years ago. Debate around the proposal is fueled by an ongoing power struggle between the State House and the courts.

Supporters of the change say it would strengthen the balance of power between the legislative and judicial branches of government. Opponents think the amendment could let lawmakers manipulate the courts for political gain.

Chief Justice John Broderick, who usually keeps mum on political matters, has publicly decried the amendment, speaking to reporters and circulating a statement signed by his fellow justices.

The New Hampshire Bar Association has also spoken out against the amendment, but not everyone in the legal community thinks the change is a bad idea. Judge Robert Lynn, who runs the state's superior courts, has said he favors the proposal.

Brennan, who presides over the Sullivan County courthouse, said he, too, supports the amendment. But more important, he said, was his fear that the justices' e-mail could make employees feel bullied into voting no.

"The court should have known better to send this message to employees who are hired and fired by the court," he said.

Court spokeswoman Laura Kiernan said Brennan told court employees he supported the amendment in the e-mail he sent to the staff. Everyone, she said, including Brennan, is entitled to an opinion.

"Every vote on Tuesday is secret," she said.

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