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Bar News - December 13, 2002


An Inside Look at a Judicial CLE

By:
 

LAST MONTH, I had the unique opportunity to participate as a faculty member in the Superior Court judges' two-day evidence CLE. Although I always knew that judges attended CLEs, I never really appreciated the quality of their programs. I expect other members of the Bar share my ignorance, and I thought that a little description of the program I participated in might be interesting.

The program lasted two full days and was put together by retired Judge William Barry. The first morning featured an interactive lecture by Professor John E. Fenton, Jr., distinguished professor of law at Suffolk University School of Law. Professor Fenton was the former dean at Suffolk Law School and from 1992 to 1995 was chief administrative justice of the Trial Court in Massachusetts. He was also Judge Barry's evidence professor in 1969.

The afternoon consisted of two presentations. The first was by Judge Kathleen McGuire on impeachment and related issues. It was an interactive presentation that utilized the unique acting talents of various Superior Court judges. Judge Edward Fitzgerald reverted to his former life as a prosecutor; Judge Arthur Brennan was cast as a police officer; Judge Steven Houran portrayed everyone's worst nightmare of a defense attorney; and Judge Patricia Coffey took on all the female roles. Her most impressive portrayal was of an uncooperative victim of domestic abuse.

The next program, presented by Judge Tina Nadeau, addressed the topics of prior bad acts, character evidence and Richards hearing procedures. On day two, Judge Robert Lynn and I offered a presentation on scientific and technical evidence (Frye and Daubert).

Overall, the program was sophisticated, topical and advanced. At the risk of sounding like a complete sycophant, I feel it was probably one of the best evidence CLEs I have ever attended or participated in. I know that it is fashionable nowadays to blame the judiciary for all of society's problems. No lawyer I know does not occasionally blame bad results on the judge rather than on the attorney's own performance or the merits of the case. My participation in this CLE, however, only reinforced my belief that I am lucky to be living and practicing law in New Hampshire.

Lawrence A. Vogelman is an attorney with Shuchman & Krause-Elmslie in Exeter.

 

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