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Bar News - March 9, 2001 Professionalism and Judicial 'Reform' By: William Chapman In an earlier Professionalism column (NH Bar News, Dec. 15, 1999), I noted that our obligation to the procedures and institutions of the law stems from the oath we took upon admission to the bar and our status as "officers of the court." The oath, which New Hampshire lawyers have taken since the early 1700s, affirms that we will act "with all good fidelity as well to the courts as to our clients." To honor that fidelity today we must become informed about the legislative measures that are being considered "to reform" the New Hampshire judiciary. By virtue of our training and experience, as lawyers we are in a singular position to contribute to the debate over what measures will improve our courts and the quality of justice they administer. The need to become informed is as true for lawyers who counsel as for those who litigate. When a plan or deal is challenged or goes awry, it is our work and our clients who are at risk. Make no mistake about it, the New Hampshire judiciary will be transformed for better or for worse. This is a hot topic that resonates with a number of legislators and the public. No doubt the impeachment proceedings played a significant role in fueling the perception that reform is needed. And the ongoing turmoil over educational funding in the wake of the Claremont litigation, and more recently, over Judge Galway’s decision in the Sirrell case, continues to keep the spotlight on the judiciary. Yet, whatever the reason, one thing is clear—change is coming. And it could be sweeping. Measures before the general court range from term limits and review of our judges, to the functioning of our juries, to who makes the rules that govern our trials. If we do not become participants in these deliberations we will have no one to blame but ourselves if the end results do not improve how our courts function and serve the public. How can you become involved? The starting point is learning what measures are under consideration. The New Hampshire Bar Association provides information about positions it has taken on bills regarding the judicial system. Check out the New Hampshire General Court's Web page at http://www.gencourt.state.nh.us. There you can access the bills, their status and the committees holding hearings on them, as well as the members of those committees. Members of the general court come from all walks of life. They bring a rich array of experiences to the task of lawmaking. They are decent and honorable people. But many of them have had only limited experience with our courts. We can provide valuable and needed information to them. As professionals, that is our responsibility. William L. Chapman practices with the Orr & Reno law firm in Concord. He is a member and former chair of the Bar’s Professionalism Committee. The Professionalism Committee plans to regularly publish articles in Bar News on issues of professionalism. Comments or replies are encouraged and can be sent to Morning Mail, NH Bar News, 112 Pleasant Street, Concord, NH 03301, via fax to (603) 224-2910 or via e-mail to lsandford@nhbar.org.
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