Financial woes mean a wait for justice

Chief justice: Branch close to incapable of fulfilling constitutional duty
Financial woes mean a wait for justice
New Hampshire Governor John Lynch discusses with Chief Justice John T. Broderick during Associate Supreme Court Justice Richard E. Galway's retirement announcement at the New Hampshire Supreme Court in Concord on Thursday, January 29th.
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Brenda Butkus filed for divorce late in 2007 seeking a quick, temporary judicial order setting living arrangements for her and her husband and for custody of their two teenagers.

"We waited and waited and waited. My blood was boiling," said Butkus, 44, of Manchester. "We needed to know what was going on. We did not know who was going to get the kids. There was no arrangement."

The order finally came six weeks later - a typical experience these days for families, criminal defendants or civil litigants navigating New Hampshire's financially stressed court system. What once took days or a few weeks now may take months - or perhaps years for some civil trials.

New Hampshire is one of at least 18 states whose court systems are experiencing budget cuts, according to the National Center for State Courts. Spokesman Greg Hurley said New Hampshire, Minnesota and Florida are in the worst shape. Florida has laid off workers, Minnesota has closed some operations, and New Hampshire has suspended all jury trials for one month this winter.

"When you start to restrict jury trials, that's pretty significant," Hurley said.

Supreme Court Chief Justice John Broderick has twice warned lawmakers this winter that money problems are perilously close to making New Hampshire's judicial branch incapable of fulfilling its constitutional duty to deliver the kind of timely justice Butkus had sought.

"We should not say to a spouse in the midst of a divorce, 'We can't get back to you for six weeks. In the meantime, work it out,' " Broderick told the Associated Press.

When Butkus finally received her order, she couldn't believe it when she saw the judge had signed it Nov. 30 - two days after her filing.

Without the order, the family had gone through a tension-filled holiday season in the same house arguing over who would spend Christmas with the children and where.

"We were not going to spend the holidays together," she said.

Broderick said lawyer friends tell him the court system is broken because of inadequate staffing and technology and no money to modernize the system.

Broderick said Gov. John Lynch's proposed budget for the next two years may worsen the situation.

To save money, the state is leaving seven judgeships vacant through July. Also vacant are 40 clerical positions. Lynch also assumes 10 more clerical jobs will be left vacant when people quit, bringing the total to 50.

The result has been delays - often painful for folks like Butkus.

"We've had clerks' offices tell us they haven't opened the mail in four to five days," says Wil Boc, a family lawyer in Dover. "Everyone is trying, but they're so woefully understaffed."

Lynch proposes using savings from closing eight district courts to hire the new judges - but he assumes the savings start July 1. If the courts aren't shuttered that day, no money is budgeted to keep them open, Broderick said.

New Hampshire courts account for less than 5 percent of the state's $3 billion in general tax spending.

Broderick estimates conservatively that he needs about $4 million more than Lynch proposes - and more if the courts don't close on schedule and he isn't allowed to raise fees to pay for a computerization project. Lynch includes no money for the effort, now two-thirds complete.

"There is more technology often at a checkout counter at a supermarket than we have," Broderick said.

He recalls how embarrassing it was to have a federal court clerk demonstrate the value of hyperlinks so judges could call up cases referenced in opinions online.

"I said, 'It's very interesting hearing about hyperlinks, but I have to be honest, it's giving me hypertension. I can't do that' " in the current setup, Broderick said.

Lynch's budget also leaves out the about $60,000 needed for a full-time webmaster who was part time last year. To keep him from leaving, Broderick got a grant from the New Hampshire Charitable Foundation for a fourth day's pay each week. (next page »)

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Bring in Judge Judy!

I'm not joking. She cuts right through all the nonsense and makes common sense decisions.

Anonymous's picture

Financial woes....

Why don't the Governor and the Legislature broach the real problem? The problems are going to increase with the Judicial Branch as this funding/revenue problem continues. Why don't we just for one year "TRY" a sales or income tax? Why don't we Try expanded gambling? Why don't we at least look across our borders at other states and see how they fund Courts, schools, state government, etc? Wake up people, we advertise that we're a vacation state and rely heavily on tourist dollars when we should make our state government soluable on our own within our border and under our control. It's high time we stop protecting the 30,000 or so millionaires that call this state home for tax reasons!

Anonymous's picture

bad holiday

yeah, i completely agree with whos fault is it.
it doesn't really matter how long it takes if people would take responsibility for the mess they got themselves into. act like and adult and get your issues together. its called dealing with life..

I really have no sympathy. THINK OF THE KIDS!

Anonymous's picture

We need competent judges

that will do a days work for a days pay. Many of them have no common sense and shouldn't even be on the bench. Others think they are Gods and break every rule in the book. Pretty bad when a person can't get speedy justice guaranteed by the Constitution.

Damkeeper's picture

How about the greedy attorney's clogging up the system?

I'm already divorced but my ex has more money and balls than brains. He continues to take me back to court using a high priced attorney. This attorney is obviously encouraging my ex to take me back to court so he can make thousands of dollars off him. This time it's over such things as a fishing pole, golf shoes, tent, and a camping stove. I already told his attorney I can not give his client what he's already taken or what I do not have, but he insists on taking me back to court. What a waste of time and money... that's right it's your tax dollars! So if Chief Justice John Rroderick is stating NH has a financially stressed sytem, well durr... why doesn't he start looking at some of these stupid motions that are clogging up the system due to high priced attorney's encouraging their clients. Absolutely Ridiculous and I hope the Judge that will be hearing this case reads this and will give his attorney the riot act for being so greedy and stupid.

Anonymous's picture

Suggestion: tax the court winnings in civil cases.

Suggestion: tax the winnings in court. Say somebody gets a $1 million jury verdict in a civil case. Thus either take 10% of such from the winner, in effect of going from a gross to net $amount, or tack on ten percent, thus leaving the thief who stole the money or whatever to have to pay $1.1 million.

Either way with the thief example, it's still less than the sevenfold figure, as neither the judges nor juries go by the higher law as outlined from two courts cases within the N.H. Restitution statute RSA Ch. 651:63 citing the State v. Flemming case of 1984 to Blackstone's Commentaries who cited the Bible and Proverbs 6:30-31 for this x 7 amount.

JSH

P.S. Then a portion of this $amount can be used to offset the filing fees, because that statute or rule is unlawful as against Article 14 of the N.H. Const., Part the First of Two & Bill of Rights for legal remediews to be FREE, complete and prompt*. Somehow the judges have removed the "R" in FREE to a FEE!

* prompt = without delay
delay = postpone
post = after
pone = meal

So, yes: The George Orwellian "Nineteen Eighty Four" days have arrived.

JosephSHaas's picture

The woman seemed more interested

in getting out of the house then being with her two children. Its good she waited 6 weeks didn't hurt her

Anonymous's picture

are you kidding me?

sit in any superior court and watch the waste going on. most everyone is there, except for the public defender of course, they cover so many district courts and none of the court actually talk to each other regarding scheduling. also the defendants are such screw ups that they usually have cases in district court as well as superior court. get a clue court system, become more effecient with your scheduling. if someone has a case in district and superior court hear them both in supierior. as far a judge shortage? are you kidding me (again) how about some superior court judges coming of the mountain and sitting in district court? how about giving judges an 10% pay cut, most of the them make over 130K a year.

Anonymous's picture

Who's fault is that really that they had a bad holiday

So it's the judicial courts fault that as adults, they couldn't for one holiday put aside their issues to have a nice Holiday for the kids. Oh, I think that is why the courts are so inundated with cases, because you have irresponsible adults that are getting divorced and all they see is the finger they are pointing..
Blame lays solely on these parents and ones just like them that are so mentally disturbed that they put the court in a position to have to make a decision for their children. Get over yourself, the court wouldn't be so weighed down if you idiots could work it out for the sake of your children, unless.. your pride is more important than their happieness....

oh, before you jump, I'm a single mom... who worked it out because I love my kid. Its really THAT simple.

Anonymous's picture

The Biggest Loser

The creation of the Family Court sucked tens of millions of dollars out of the budget, and it was running inefficiently when there was money available. It will continue to fail whether or not more money is pumped into it. Its creation was and is the classic case of the cure being worse than the disease. Only a change of mind-set, governing principles, and supervisory personnel could possibly make a difference. But don't count on it happening. Judge Broderick has fawningly capitulated to the legislature's bad ideas for years, and he lacks the will and the vision to lead the court in time of trouble. The real loss is to other civil cases sitting on the back burner. Insurance companies will count their annual savings in hundreds of millions as litigants give up on ever getting a trial and settle for chump change (the good news is that some personal inury lawyers will go out of business). Dishonest but not quite criminal business dealings will go unchecked, and financially desperate people will damage each other economically without fear of retribution. Only the criminal processes of the court will come close to keeping pace (as bad economic times lead to more crime) because losing that piece, too, would bring us closer to anarchy than anyone dares to let happen.

Anonymous's picture

Inefficient System

I sat through jury trials on 3 seperate occasions in New Hampshire. The waste, the delays, there is no sense of urgency amongst many state employees in the Judicial system. Want a solution? Privatize Civil cases and let the Plaintiff/Defendant pay for the trial. Needless cases will go away and those who are very sure they have a case will be tried in a timely manner. This is not about throwing more money at the current situation, it's about making the current situation more efficient.

Anonymous's picture

Don't miss this