The bleak court of John Broderick" (Monitor front page, Dec. 10) was noteworthy for the poisonous commentary that it engendered on concordmonitor.com.
Much of this commentary could be taken with a grain of salt, as there were clearly posters with axes to grind based on their personal encounters with the justice system. But the repeatedly expressed sentiment that the judges and staff of the New Hampshire courts are not working hard enough and enjoy wasteful sinecures at everyone else's expense, requires a counterpoint.
I offer the following anecdote as a rebuttal: Last week I was representing a client in a structuring conference, an administrative meeting in which the lawyers sit down with a judge to plan the relevant deadlines in the case. The case was a simple slip-and-fall, with no serious legal complications. The opposing counsel and I arrived at the courthouse. When the bailiff ushered us into the judge's chambers, we were surprised to find ourselves sitting across from one of the justices of the New Hampshire Supreme Court.
The justice had come to the superior courthouse to assist the trial court judges during a period in which they are stretched thin, demands on their time and attention are high, and there is no relief in sight. Not only was this justice pitching in to help the judicial process continue under tough fiscal conditions; he was doing the kind of nitty-gritty work - scheduling - that comes as an afterthought to most. Yet he did so with enthusiasm, humor and humility.
With this kind of leadership, it is easy to see why the court staff, including clerks, bailiffs and administrators, remain helpful and solicitous even in the most difficult time. So, let it not be said that the court staff, at any level, are not doing their part in this bleak fiscal environment.
It is admittedly difficult for the court system to get a fair hearing in the public forum when, very often, the courts are required by the U.S. or the New Hampshire Constitution to defend unpopular rights and enforce unpopular obligations. The problem is compounded when there are high-profile scandals in the judiciary that provide fodder for the doubters and cranks to attack the entire system based on the acts of a few. But a strong, independent, and adequately-financed New Hampshire court system is essential to the welfare of the Granite State. It upholds the law, asserts the power of the state to punish criminals, protects the rights of the accused and provides a means of adjudicating civil disputes.
This last function is the one most often overlooked by those who claim that the courts are dysfunctional and budgets should be trimmed. Without a well-supported court system, our ability to engage in commerce with one another is seriously jeopardized. Efficient, final, predictable adjudication of commercial disputes makes business happen; without confidence in a judicial system, investors grow wary about putting money into New Hampshire businesses.
An underfunded court system chills investment, slows job creation and reduces tax revenue in our state.
These facts should be foremost in the minds of the governor and the Legislature as they contemplate their response to our economic crisis.
(Jeremy Eggleton of Concord is a lawyer with Orr & Reno.)
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Comments
Unconvinced
By Anonymous - 12/14/2008 - 6:15 pmTo put it in the words used by a judge I once encountered, your argument leaves me unconvinced. This, after she admitted she didn't understand the underlying issues in the case.
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