New Hampshire's courts continue to feel the strain of too few judges and clerical employees, with delays for trials and judicial orders and constant rescheduling of cases regular events at many courthouses, according to judges, lawyers, clerks and other members of the state's legal community.
"New Hampshire's justice system is in some jeopardy," Supreme Court Chief Justice John Broderick said in an interview this week. "We're not closing the courts; we're not going out of business. But the question is, what kind of justice system are the people of New Hampshire entitled to? And we're edging to the point where we won't be proud of it."
The state's courts are short seven judges - three at the superior court level, three in the district courts and one probate judge. But those numbers could increase very soon. Gov. John Lynch nominated Superior Court Judge Carol Ann Conboy to the Supreme Court last week. If, as expected, Conboy moves to the Supreme Court by next month, it would leave another vacancy on the superior court. Judge Philip Mangones is expected to remain on medical leave for several weeks, adding a fifth absence to the superior court bench.
And court officials say that even if the courts were staffed at their current allotment of 21 superior court judges, it wouldn't be enough. A recent study by the National Center for State Courts found New Hampshire's caseload merited at least 26 trial judges.
"The difficulty is, we really are having to push cases out much further than we'd like to, to the point that in some cases it's pretty difficult to get a trial in a reasonable time frame," said Judge Robert Lynn, chief justice of the superior court system.
A squeeze in the courts
The state has already taken severe measures to compensate for the judge shortage. Jury trials were canceled for a month over the winter at nine of the state's 11 superior courts. The backlog has not eased since then, court members say. Lawyers talk of constantly rescheduling meetings with clerks, court staff worry about boxes of judicial orders that go unissued for months, and administrators try to arrange for part-time or retired judges to fill scheduling gaps.
"We're doing triage day to day," said William McGraw, clerk of Merrimack County Superior Court.
In the state's family court division, which hears divorce, child custody and child support cases, the strain has been particularly acute. Last month, a number of judicial orders in the family court in Manchester were delayed by about eight weeks. Administrators pulled together a "SWAT team" of court employees to process the orders in just a couple of days.
"You can imagine the frustration of the public when they can't get out to them," said Judge Ed Kelly, head of the state's district and family court divisions.
Whether such conditions improve depends on the budget proposals being debated in the Legislature. House and Senate negotiators are hammering out differences between their two plans. The House proposal would fill one of the three existing vacancies on the superior court, while the Senate version would fill two of those positions. The Senate budget would also strip money that pays daily wages to retired judges who cover vacancies in courts in Concord, Manchester and Nashua.
Lynch has said he wants to appoint judges to all seven vacancies, with superior court vacancies being his top priority. But Broderick said he's afraid the Legislature's budget might not have enough money to pay for all the judgeships - forcing the court system to cut elsewhere.
The New Hampshire Constitution protects the right to a jury trial in all cases where more than $1,500 is at stake. "This method of procedure shall be held sacred," the constitution says, though it does not specify how swiftly such trials must be held.
But because of constitutional requirements that a criminal defendant receive a speedy trial, much of the judicial slowdown is in civil cases. McGraw said his court has been forced to "concentrate entirely on the criminal docket." (next page »)
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Comments
If Judges were elected
By unhappygrammy - 06/13/2009 - 7:39 amIf Judges were elected instead of appointed into Judgeships, there would be no need for pensions. Elections where the Judges are on the bench for a limited amount of years, the same as being elected into a public office.
The people of NH are entitled to a much better justice system than what they have now.
Jury trials should be allowed for family court cases also. One Judge working for the state does not make for a fair outcome for these families. A childs life goes way beyond $1500 at stake. No price can be put on a child. The justice system of NH is completely one-sided in cases of the state v. the parent. Parents don't have a snowball's chance in hell, whether guilty or innocent. Even when innocence is proven, the parent still loses. How fair is that?
Judges on the bench too long settle in and become bias toward state agencies after working with them for so long. NH families are being torn apart because of this injustice and the court system doesn't have the money to hear cases in a timely manner. Everyone loses.
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Non-elect judge states have LESS of a vote in Congress.
By JosephSHaas - 06/13/2009 - 4:18 pmThis from Andrew "Andy" Melechinsky, R.I.P. of Enfield, Connecticut, who used to travel up here with Ralph Lombardi of Windsor Locks, CT on the first Sunday of the month to Barbara & Frank Anderson's "Sherwood Inn" in Epsom, N.H. on Route 4 for the meetings on the Constitution, and one day a year for: "Captive Nations Day" (the day events there, with evening events hosted by Gov. Meldrim Thomson, Jr. http://en.wikipedia.org/wiki/Meldrim_Thomson,_Jr. (1912 - 2001) with the Trojan Horse still there:
Article XIV, Section 2, United States Constitution, for: "Apportionment of Representatives":
"...when the right to vote at any election for the choice of...Judicial officers of a State...is denied to any of the...inhabitants of a State...the basis of representation therein shall be reduced in the proportion..."
Now interpret that the way you see fit. Years ago I did ask my then Congressman Judd Gregg to have the CRS investigate this as to what this meant, and they could not figure it out.
Does it mean that if and when there is a tie vote in either Chamber of Congress, that before the House Speaker or Senate President can break the tie with their vote, that the Federal Rep. or Senator from a state that does not have the election of judges has x% of their vote discounted and so the opposition wins?
Yeah! Take a copy of this and when that event occurs to be sure that the law be honored as pre-scribed and indicated here of what to do.
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The clogged system could get worse, much worse!
By dave coltin - 06/12/2009 - 2:13 pmThe following was copied from an email received on November 20, 2007:
I am referring this matter to AUSA Robert Kinsella, the Chief of this Office
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This is totally wrong, the system is broken
By aimsicle - 06/12/2009 - 1:37 pmFor the lady waiting to get divorced since 2004 I can totally relate, my boyfriend has been trying to get divorced for the past 4.5 years and still nothing is final. The system is a total joke! I can't believe it takes people this long to get divorced, how can people and families move on with their lives in situations like this? If the system is so back logged then they should hire people accordingly. Doing so would also help with the states unemployment rate and make people happy that their cases are finally ending. For what we pay $$ to the lawyers and court systems they should well be able to hire additional staff. NH has to get a handle on this stuff, if not it will only get worse and certainly not better. Dragging these matters out is not helping the families in these marital cases, there has to be closure and especially in cases that involve children.
Governor Lynch PLEASE do something...
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They throw out cases unlawfully!
By JosephSHaas - 06/12/2009 - 12:15 pmYeah, let me tell you HOW Bill McGraw at the Merrimack County Superior Court, and Judge Edwin W. Kelly of Plymouth do away with having cases heard at his Concord District Court too.
For Bill, he takes any and all civil complaints against any Federal agents and tosses it over to the U.S. District Court! Shame on you Bill! And actually shame on Administrative Judge Kathleen McGuire there from Hopkinton, and her boss: Judge Robert Lynn also because the Clerk serves at the pleasure of the judge. When I did give documentation to the Deputy Clerk on a Motion to Remove by the U.S. Attorney that my right NOT to be under any other law than that of which I've given my consent, or the "Consent" by my legislative body, the N.H. General Court, she and her staff did shuffle the paper around the office #__ times from desk to desk BEFORE it landed in the file but AFTER Bill had already certified that the entire file is this btt not that and sent it to the Feds in effect getting it out of his court, and which unlawful act ought to get him 18 USC 242 charged by the next U.S. Attorney and have his superiors (both Judge McGuire and Lynn) fired by way of a Bill of Impeachment! because there is no 40USC255 paperwork on file with Bill Gardner's Office of Secretary of State as required by the "shall" word in RSA Ch. 123:1 per 1-8-17 U.S. Constitution. They like to think of it as yes: we gave them "Consent" on June 14, 1883, but what type was it? It was conditional, as not a gift but for an exchange, and so withOUT the exchange there being no federal jurisdictional authority in this state! as backed up by that Adams v. United States Supreme Court case in Vol. 319 U.S. Reports Page 312 of 1943. So get with it you crooks! or you WILL be impeached!
And for Ed, my former tenant's attorney, he just wrote me a letter on June 9th, postmarked in a #10 envelope on June 10th, that was delivered just yesterday, that he was asserting the dissenting opinion of Joe Nadeau in the 4 to 1 opinion in the State (by Rita Primo) v. Angela Martineau case in 148 N.H. 259 (2002) as the reason why he did order his Clerk Sharon Shurtleff to return my criminal complaints that I had filed to there against the U.S. Marshal Stephen Monier of Goffstown and his Deputy Jamie Barrie, for a bounced check and simple assault respectfully. This RSA Ch. 643:1 Official Oppression by Kelly just reported this morning at exactly 9:52 a.m. in an e-mail to several State Reps to please hold a hearing on this when they again meet next week so as to proceed to have this thief impeached!
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Not New News
By legaleagle - 06/12/2009 - 10:19 amI have been trying to get a divorce since January 1, 2004! I am still not divorced. For nearly six years the system has allowed continued harassment and continued perjured filings by my ex. The system knows he is not telling the truth and is merely trying to control my life, but they do nothing. Nearly SIX YEARS!!!! Is this the fault of no money, not enough judges or clerks? No, this is the fault of mental illness running the system wasting the court's time, my time, and money for all. Do they make it stop? NO. If the system wants more judges and more clerks, (which it may very well need) then things need to be reformed first and foremost. Stop writing order after order after order telling a party to do something. If they don't do it, they are in contempt and should be held accountable, no more orders, no more court appearances - jail time, done! I have been to court so many times in the nearly 6 years and most of them are for repeat issues. I always walk out with the same thought, "what a waste of my time". DO SOMETHING!
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Contempt of Court is limited to up to ten (10) days.
By JosephSHaas - 06/12/2009 - 12:30 pmBTW for contempt, see Articles 22+23 of the N.H. Constitution, Part Second, http://www.nh.gov/constitution/house.html where it is limited to ten (10) days, as the judiciary used to be under the Legislature as we had only two branches of government back then, and so later this third supposed co-equal branch, and so if their creator that created them be limited to 10 days, so be it for the latter. A fact that I bring up to attorneys wanting to be judges when they seek the Executive Counsel recommendation over to the governor to appoint them, so that if and when they do threaten somebody with contempt for OVER this prescribed amount of time, they can not say that they never heard of it, because really, my telling them should not have to be done, because: ignorance of the law is no excuse! Plus BTW contempt in Indiana is limited to 24 hours, see Art. 4, Sec. 15 http://www.law.indiana.edu/uslawdocs/inconst/art-4.html#sec-15
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It could be solved.
By Damkeeper - 06/12/2009 - 9:43 amIf we had judges that did a days work for a days pay, the problem would disappear.
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Just a thought!
By factfinder4u - 06/12/2009 - 7:42 amThe Judges are exempt employees who are expected to work beyond forty hours as salaried employees. The prosecutors and clerks are also exempt. Lets just ask them to do what everyone else is doing. Stay late, have court sessions a few nights a week to catch up. Another thought is to put some efficiency into the system. Most courts have the parties arive early to just wait for an hour for the judge to appear, who then will recess within an an hour and a half. They have citizens waiting for hours with their attorney as if their time is meaningless. The attorneys don't mind because they get to sit there being paid for hours to just hang out doing their best to get a few minites with the prosecutor or the other civil attorney to play lets make a deal. Inefficient and unaccountable are way to nice to describe the players.
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The judges are NOT employees BUT officers.
By JosephSHaas - 06/12/2009 - 11:51 amNo factfinder4u the judges are NOT employees. At least not those Art. 72-a judges of five in the supreme court and #___ in the ONE "superior court" without the letter "s" to give it a plurality (with 10+1 = a branch office in each county, expect for two in Hillsborough for North and South in Manchester and Nashua respectfully). They are constitutional officers who take an RSA Ch. 92:2 oath of office to Art. 84 of the N.H. Constitution, Part Second.
This fact brought out by Art. 15 NOT employee, BUT "officer" State Rep. Dick Marple of Hooksett, Retired State Trooper too asserting his right in Part First & Bill of Rights to just compensation for that $100 per year x 2 = $200/ term for #__ years. Instead Joyce Phinney in Accounting on the 1st floor State House, NW corner office, did deduct about $15.00 from his pay that she sent to the IRS as under the employee guidelines, that he has been protesting for years! in both the quantity of dollars and as the dollar is defined to be so many grains of silver by The Coinage Act of 1792, put into Chapter 28, Laws of New Hampshire, Vol. 6 @ page 155 for 1794, as annotated in Article 97, Part 2, for the reason as spelled out in Chapter 7 Laws of 1793 (page 109) "for settling the depreciation of the paper currency".
The State Treasurer an Art. 67 "officer" too, but who has FAILed miserably in getting the lawful money to "pay" these claims; so too with a Banking Commissioner who is told in writing that the state-chartered banks refuse to pay too, and nothing is done, other than former State Treasurer Michael Ablowich having once called the U.S. Mint to say to send him the money, and they said: yeah, for about 32 bucks of greenbacks you can "buy" one silver dollar in proof or un-circulated condition. His reply of wanting the circulating variety as supposed to run "together" with the commerce coins of debased metal according to what LBJ told Congress in a speech in 1965, and then the Mint Director hung up the phone! My FOIA to them being answered that we are off the "gold standard" but that NOT the issue of to be 12USC411 redeemable in gold coin, but that of the Section 16 of the Federal Reserve Act of 1913 to be that so much gold bullion be deposited with the Mint when the Fed (Federal Reserve System) does monetize their notes that they buy for a mere 6-cents each x 32 = almost $2.00 per sheet ($1.96 to be exact, from the Bureau of Engraving & Printing that gets these cotton sheets from "The Crane Paper Company" in Dalton, MAss.) The gold there to be sold to buy the silver so as to melt and mint into coins to complete the contract!
And not even the district court judges as "such lower courts as the legislature may establish under Article 4th of Part 2." because them "officers" in the second degree, accountable to the Legislators by way of an Art. 73 Bill of Address. Or by way of an Art. 17 Impeachment to that of the Art. 38 trial in the Senate. See my post above about some of these crooks.
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