HE MAY HAVE retired, but he didn’t do so willingly.

After 19 years on the Nashua District Court bench, Judge H. Philip Howorth hung up his robes July 3, having reached 70, the mandatory retirement age for New Hampshire judges. Howorth left the bench reluctantly, saying "This is a great job and you don’t like to leave what you love doing."

"This job is interesting, challenging and rewarding at the same time – and a job like that’s very hard to find," he added.

Howorth understands why there is a mandatory retirement age for judges, but believes there should be an alternative system in place to allow for judges over 70 to stay on the bench as long as they continue to be competent. A lifetime appointment for judges, he feels, would be "too much," but he suggested a system by which judgeships could be renewed annually for judges over 70. "The constitutional provisions (establishing the mandatory retirement age) were put in place long ago, when living to age 70 was remarkable. There are lots of judges over 70 who could continue to be useful. To deprive the system of their learning and experience is a mistake," he said. "I think something should be worked out."

Although his retirement is not something Howorth is rejoicing about, he is proud of the 19 years that led up to it – particularly of his efforts to treat each person appearing before him with dignity and respect. "I have always tried to convey a sense that Nashua District Court was respectful of the people who came through here – members of the public, Bar and staff; juvenile services officers; etc. I’ve tried to give the impression that every person is important and that this court respects each one. I believe I was able to get that message across," he said.

He is also proud of the juvenile work he has done, work that was recognized with the Dr. Roger M. Fossum Award given to him at the 10th Annual NH Attorney General’s Conference on Child Abuse and Neglect held last summer. The award recognizes an individual who "has made an outstanding commitment to collaborative multidisciplinary efforts to improve services to children affected by abuse and neglect in New Hampshire."

"Despite the number of cases, and the pressure to move them through the system, it is very clear that Judge Howorth does not see case numbers, but the faces behind the numbers, recognizing the difference between the expedient thing to do and the right thing to do," said his nominators.

Another nod to Howorth’s work with juveniles was the naming of Nashua District Court’s juvenile courtroom after him upon his retirement.

Howorth believes he was particularly skilled in the area of juvenile justice in part because he has three children of his own, "and you always learn more from them than they learn from you," he said. He also strived to educate himself on the practice of juvenile justice by attending seminars, reading and thinking about pertinent issues "to try to understand where some of these kids are coming from and why."

Also, Howorth tried to afford the juveniles in his courtroom the same consideration he showed adult litigants. "I let the kids who appeared before me know that the court was concerned about them and would treat them with respect. Like adults, I think they understood and appreciated that."

In emphasizing juvenile justice, Howorth said, he made an effort to rehabilitate juvenile offenders and those who abuse or neglect juveniles. It is not a particularly noteworthy or intriguing case that he will remember most about his time on the bench, but "having a positive impact on young people’s lives." He offered as an example of that influence a paperweight he received from one young girl who had appeared before him. It reads, "To Judge Howorth, thanks for the chance."

His focus on juvenile justice was also a response to a negative trend Howorth observed over the years: juveniles committing increasingly more serious crimes. Although the number of juvenile crimes has not markedly increased, the seriousness of those crimes has, according to Howorth.

"For example, it has gotten to the point where there are two police officers assigned to Nashua’s high schools every day. That’s a black mark on society, I think. Anyone sitting on the bench for any length of time is aware that juvenile offending is getting worse, and that’s a major failing of our democratic society," he said.

Another major change Howorth has witnessed during his tenure – the incidence of hard drug cases. When he began his career on the bench in 1984, most of the drug cases before him involved LSD and marijuana. These days, cocaine and heroin are the drugs of choice.

On a more positive note, however, the justice system’s response to domestic violence has improved, Howorth said. "Greater attention is paid to domestic violence issues; people now realize that violence is violence, no matter where it occurs – at home or elsewhere."

Those who have worked with and appeared before Howorth during his 19 years on the bench praise his fairness, courtesy and fine legal mind. "His reputation for fairness and compassion, as well as his respect for the rule of law demonstrated over his 19 years’ distinguished service to the court and to the community it serves have been a model from which others may take inspiration," wrote NH Superior Court Chief Justice Walter L. Murphy in a letter presented during Howorth’s retirement party last month, organized by the Nashua Bar Association.

Hillsborough County Attorney John J. Coughlin, a Nashua practitioner for 20 years, appeared before Howorth numerous times and said that he "served as the exemplary justice in Nashua District Court."

"As a defense and plaintiff’s counsel, I did not always agree with Judge Howorth’s decisions, but he always treated the attorneys, parties, witnesses, victims and families with respect, dignity and fairness," wrote Coughlin.

During his last day on the bench, about a dozen Nashua area attorneys sat in the courtroom to wish Howorth well. He entered court to hearty applause and a lengthy standing ovation. Following the morning session, Nashua attorney Kent Barker, of Barker & Goldsmith, spoke for the group in thanking Howorth for his many years of service. He praised Howorth as a judge who always listened and paid attention, no matter what the case. "You never turned your mind off," Barker said.

He went on to say that Howorth never lost sight of the fact that even the smallest case was very important to those involved in it. "No case was ever too small to you – but in reality, you never felt too big for a case." He pointed to Howorth’s efforts in juvenile cases, which he said take a lot of time and effort, but often don’t receive a lot of attention. "You never failed to treat those cases as important," Barker said.

Barker added that Howorth is an individual who "lives out his convictions," in both his professional and personal lives. On a personal level, he rode his bicycle to work nearly every day, even in winter, and would pick up trash littering the streets because he cares about the environment. "A lot of people talk a good game, but he actually put his thoughts into action," said Barker.

The Nashua Bar presented Howorth with its first ever Lifetime Achievement Award at his retirement party, "in recognition of his remarkable personal and professional achievements and to acknowledge his dedicated service to the Bar, bench and public." Gov. Craig Benson issued a proclamation declaring June 26, 2003 Judge H. Philip Howorth Day.

A graduate of Phillips Exeter Academy, Haverford College and Harvard Law School, Howorth was in private practice in Massachusetts and New Hampshire before being named Nashua’s assessor in 1972 and city solicitor and corporation counsel in 1973. He left the city post in 1984, when he was appointed associate justice of Nashua District Court. He was named justice just two years later.

Howorth’s wife of 41 years, Anne Marie Haug, was the 32^nd woman admitted to the NH Bar. The couple has a son, Paul, and two daughters, Joanna and Claire – both members of the NH and Mass. Bars – as well as two grandchildren.

Rules regarding a judge’s retirement prohibit Howorth from continuing to practice law per se, but he can do some legal work. He isn’t sure what the future holds, whether it’s teaching, title work, mediation or working behind the scenes to help his wife and daughter Joanna establish a law office. Whatever path he chooses, Howorth will look back fondly on his days on the bench of Nashua District Court. He said he will miss two parts of the job most – his colleagues and the challenge.

"I’ll miss the support and companionship of the exemplary court staff and the lawyers, prosecutors and others who worked with the court," he said. "And I’ll miss the challenges this job presented every day. It was a rewarding and intense experience. Being a judge involves every part of your being – your mind, energy and soul. It becomes very engaging. I became absorbed in it."

"It came close to being the best job in the world. It was a great opportunity for me to serve and to have an impact on the way society functions," he said.

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