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Bar News - September 19, 2003 Morning Mail - Attack Problems not Judges; Pet Care & Estate Planning Let's Attack Problems and Not Judges Editor's note: The following letter was submitted to the Union Leader, but the newspaper declined to publish it. It was written before the court system rescinded some of the budget cuts and restored most jury sessions after reaching an accord with the Legislature on budgetary flexibility. (See the Sept. 5 Bar News.)In its editorial of July 29th, the Union Leader criticizes the chief justice of the Supreme Court for attempting to respond to the state's financial crisis by eliminating superior court jury trials for the month of September, suggesting that there may be better ways the Court could save money. There is no doubt that eliminating one month of jury trials, in a system in which jury trials have already been cut back severely due to funding issues, will exacerbate the difficulty the state has in delivering justice to its citizens. And there is no doubt that this problem, and all possible solutions to it, is one which is, and should be, the subject of vigorous debate and discussion among members of the public and all three branches of government. But the editorial goes further. It suggests that "If this were the 18th century [Chief Justice] Brock would be tarred and feathered and run out of the state by a torch-wielding mob." This statement is wrong if intended as a form of political commentary, and certainly wrong as a matter of historical fact. It is no secret that the courts are under daily attack today. Unpopular decisions have been excoriated in vituperative terms in the press. Bills have been introduced in the Legislature declaring that all acts of the Legislature are per se constitutional and cannot be declared otherwise by the New Hampshire Supreme Court. A substantial minority of politicians believe that the courts have "gone too far" in one way or another and should be "reined in" by the Legislature. Public criticism and debate is, of course, essential to a free society. And the Supreme Court's pronouncements are not written in stone, nor are they handed down from Sinai. If the public disagrees with Court decisions, the New Hampshire Constitution may be amended, as it has been more than 137 times since it was enacted on June 2, 1784. But when discussion turns to personal attack on judges themselves, then discussions have themselves "gone too far." Even veiled threats to members of the judiciary are not the kind of robust debate contemplated by the founding fathers. As Alexander Hamilton noted in No. 78 of the Federalist Papers, "The complete independence of the courts of justice is peculiarly essential in a limited constitution." An independent judiciary exists to protect those who may be in the minority and so to establish a society that provides liberty to all. For, as Hamilton noted, "No man can be sure that he may not be tomorrow the victim of a spirit of injustice, by which he may be a gainer today." Justice delivered by a mob is not justice at all. Finally, the suggestion that if this were the 18th century, the chief justice of the Supreme Court would be tortured by a torch-wielding mob and run out of the state is wrong as a matter of historical fact and an affront to the memory of the patriots who created the Constitution of the State of New Hampshire in 1784. What is most remarkable to historians about the American Revolution is that it did not result in a bloodbath. The brave men who died on the battle road from Lexington to Concord, who froze at Valley Forge, who stood with Washington in the unbearable heat at the Battle of Monmouth believed in liberty and individual dignity. To suggest that they would prefer the dark impulses of a lynch mob to the reasoned discourse of Hamilton, Madison, Jefferson and Adams is wrong. We owe them, and ourselves, more. Richard B. McNamara, secretary of the New Hampshire Bar Association, practices with the Manchester law firm of Wiggin & Nourie. Help Make Pet Care Part of Estate Planning Pets are part of the family and a growing number of states are recognizing that they deserve legal protection. Twenty-two states have passed pet care trust laws. Individuals concerned about becoming unable to care for their pets because of injury, illness or death now have the legal means of ensuring the well-being of animals they consider family members. In response to years of requests by lawyers and laypeople asking how to properly plan for a pet in a will or trust, the Humane Society of the United States (HSUS) created the "Providing for Your Pet's Future Without You" kit. To educate estate planning professionals and pet owners, the Humane Society offers a kit, complete with a six-page fact sheet, wallet alert cards, emergency decals for windows and doors, and caregiver information forms. The fact sheet discusses not only wills, but also trusts and powers of attorney, and includes sample pet-care language for estate-planning documents. Too often, people assume that they will survive their beloved pets or that a friend, relative or neighbor will be able or interested in adding a new animal to his or her family. Even those pet owners who have conscientiously provided for their pets may have neglected to consider a trust and/or power of attorney. These arrangements would take effect in cases of severe disability, when a will would not be read. To help you assist your clients, the HSUS invites you to contact us at (301) 258-3130 or humanelegacy@hsus.org to request a free copy of the "Providing for Your Pet's Future Without You" kit. Patricia Kauffman Opinions in Bar News UNLESS OTHERWISE INDICATED, opinions expressed in letters or commentaries published in Bar News are solely those of the authors, and do not necessarily reflect the policies of the New Hampshire Bar Association Board of Governors, the Bar News Editorial Advisory Board or the Bar Association staff.
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