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Four chosen for superior court
Diverse backgrounds for Lynch's nominees
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August 19, 2009 - 12:00 am

Gov. John Lynch yesterday announced four judicial nominees to fill vacant positions on the superior court bench.

The nominees are Hillsborough County Attorney Marguerite Wageling, 52, of Manchester; attorney Richard McNamara, 59, of Bedford; attorney David Garfunkel, 63, of Canterbury; and director of legal services for the New Hampshire Public Defender's Office Jacalyn Colburn, 48, of Concord.

Lynch will make the nominations official at today's Executive Council meeting. If confirmed, they would bring the number of superior court judges up from 18 to 22. McNamara would be the first judge appointed to a new state business court.

"I'm honored and humbled to be nominated," McNamara said yesterday. "If I am fortunate enough to be confirmed, I look forward to serving the state."

The superior court has been operating with vacancies for more than a year, with the most recent position opening up this summer when Justice Carol Ann Conboy was named to the state Supreme Court.

If the new judges are confirmed by the Executive Council, both the Supreme Court and the superior court will be operating with no vacancies. The district courts would still have three full-time and four part-time vacancies, and one judge's position would remain open in probate court.

"I'm a happy camper today," said Superior Court Chief Justice Robert Lynn. "The four nominations will greatly help our ability to do our jobs. . . . If they would all start tomorrow, I'd be delighted."

The nominees were vetted by an 11-member screening panel of attorneys and public members and then chosen by Lynch. The starting salary is $126,000 a year. Depending on when a public hearing is scheduled, the nominees could be confirmed as early as Sept. 9.

Several attorneys yesterday praised the nominees and expressed hope that having four new judges would help clear up a backlog in civil cases.

"I'm happy to see the governor nominating good qualified people that will serve the community and speed up (the judicial) process," said Dan St. Hilaire, former Merrimack County attorney.

In a written statement, Lynch said all the nominees "possess an in-depth knowledge of the law and keen intellects." With their diverse backgrounds, Lynch said, "they have all demonstrated a commitment to justice and community."

Richard McNamara

McNamara, who has practiced business law for years, will be in charge of handling the state's business disputes. The new business court is a model used in about 20 other states to have a designated judge familiar with complex business and commercial matters - things such as breach of contract, fraud, environmental regulation, property sales and leases.

McNamara earned his bachelor's degree and his law degree from Boston College. Now a partner at the Wiggin & Nourie law firm in Manchester, McNamara has worked in civil litigation for 30 years. He is past president of the New Hampshire Bar Association and has held leadership positions in the bar association since 2002. Before entering private practice, he served as state assistant attorney general in the criminal bureau.

According to a biography on the law firm's website, McNamara has worked extensively on Racketeer Influenced and Corrupt Organizations Act, or RICO, cases, trade regulation, and automobile franchise litigation. He has tried cases before federal courts and the New Hampshire and Massachusetts supreme courts. He has also written books on criminal and personal injury practice and procedure.



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