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Bar News - November 7, 2003 Chief Justice Murphy Recalls Highs and Lows of 20-Year Judicial Career By: Lisa Segal Editor's note: The following is the first part of a two-part interview with NH Superior Court Chief Justice Walter L. Murphy, who recently announced he will retire Dec. 31. Part two will appear in the Nov. 21 issue of Bar News. AFTER 20 YEARS on the NH Superior Court bench, including the last three as chief justice, Judge Walter L. Murphy said a "combination of factors" led to his decision to retire at the end of this calendar year. He wants to "do some things I've always wanted to do, but never had the time" - like spending more time with his family and traveling. And, Murphy said, the difficulties between the judicial and other branches of government can't be overlooked as a factor in his decision. "I don't see any change on the horizon as to the relationship between the courts and the other branches of government, unfortunately. It has been a rewarding experience being a judge, I've loved every minute of it, but I haven't enjoyed the administrative aspect of the job because of the apparent mistrust of the courts by the administrative branches. It's frustrating and I'm disillusioned about the process," he said. Despite his frustration, Murphy doesn't want to leave the bench on a sour note. He has fond memories of being a NH judge, particularly of the "collegiality of the bench and friendliness of the staff." Before becoming a judge, Murphy spent 21 years as a "small-town lawyer" with a general practice in Plymouth. He came to New Hampshire in 1962, after graduating from Boston College Law School, and began his legal career with now retired New Hampshire Supreme Court Justice William F. Batchelder. The two first met in 1958 when Murphy was a college student visiting Plymouth with the Holy Cross Glee Club and stayed at the Batchelder home. Murphy got his first judicial experience as a special justice of the Plymouth District Court. He was named to the Superior Court bench in 1983 and eventually served as supervisory judge of the two busiest trial courts in the state, in Manchester and Nashua. He was appointed chief justice in October 2000 by then-Gov. Jeanne Shaheen. Murphy said that of his many years as a lawyer and as a judge, he most enjoyed his time on the bench. "As a judge, I didn't have to take positions I wasn't too keen on taking. I could focus on a just result," he said. "As a lawyer, I had some trouble advocating certain positions on behalf of my clients." As an attorney, Murphy's greatest role model was Bill Batchelder; as a judge, in addition to Batchelder (who served on both the Superior Court and Supreme Court), he also "greatly admired" Supreme Court Chief Justice Frank Rowe Kenison, and Judges William Grimes, William F. Cann, Robert H. Temple, Arthur E. Bean, Martin F. Loughlin and "many others too numerous to mention." What Murphy is most proud of about his tenure on the bench is "the fact that I always tried to be fair, to level the playing field when one side had an advantage over the other." He is also proud of the positive response he received from his fellow judges upon his appointment as chief justice. "It is an honor to receive their continuing support, as well as the support of the non-judicial staff," Murphy said. "I can't thank all of them enough for doing all they do, often without recognition from the public." Murphy's most memorable cases include a number of murder cases he presided over, including the Seth Bader case in 1998, in which attorney Bader was convicted of killing his wife, and State v. Johnson et al, a murder trial in Manchester. "There were so many memorable cases, either because of the very good representation by counsel or because of the academic challenge they presented for me," Murphy said. The biggest challenge of sitting on the Superior Court bench, according to Murphy, was "doing the best job I could possibly do." "You have to do the right thing with the information you've got; justice is the bottom line. You can't be perfect in an imperfect world, but you have to come as close to justice as you can," he said. Discord Presents Difficulties Murphy said that something that has made it difficult for him, his fellow judges and attorneys in NH to fulfill their roles in administering justice is the discord between the judicial branch and the executive and legislative branches of state government - a symptom of which has been the recent court budget constraints. "A prime effect of these difficulties have been the under-funding of the courts resulting in a lack of staff to do the work that the law and constitution require," Murphy said. "Each session of the Legislature, we are asked to do more with less. When we ask for more money, we're seen as being greedy, but there is nothing that we, as judges, gain from increased budgets. Decreased budgets, however, negatively affect the public," he said. Murphy has seen the courts endure hard times before - during the 1980s, there was a significant backlog of cases due to a shortage of judges and of courtroom space. But today's court troubles are different, he said. "Now we have a sufficient number of judges and enough courtrooms, but we have insufficient staff to process the paperwork of the courts. We are being asked to do more and more with less and less. For example, the criminal docket in the Superior Court has increased 38 percent in the last six years, but funding for the courts has not kept pace with such increases." Murphy believes that a lack of understanding of the courts' role has contributed to the acrimony between the judicial and other branches of government. "You have people saying, 'Why should the courts be treated differently from other state agencies?' But we are not a state agency. We are required by the constitution to do certain things. When you fail to support the courts properly, people's basic rights to justice are affected," he said. "There is a lot of misinformation about and lack of appreciation for what the courts and judges do - misinformation that we don't seem to be able to correct." Murphy attempted to bring a greater understanding of the judicial system to members of the Legislature when he extended an open invitation to legislators to spend a day in Superior Court - but he says it was to no avail as none have taken him up on the offer. "The last few years have been troubling and frustrating; I have become disillusioned and disenchanted with the process of state budgeting. It detracts from the dignity of the courts and the courts' function in the lives of the citizens of New Hampshire," Murphy added. Judicial Replacement Chief Justice Murphy has asked Gov. Craig Benson that his successor be a sitting Superior Court justice "to ensure continuity in Superior Court operations," but there is talk among members of state government that the chief justice need not be a sitting judge - something Murphy takes issue with. "One of the most important functions of the chief justice is to serve as a clearinghouse for other judges. They are in contact with this office frequently asking for advice and counsel on how to handle certain situations, proper procedure, conflict of interest issues and ethical considerations." "The judges must have a degree of trust and confidence in their chief justice. If they don't, it is an impossible situation. In terms of the operation and administration of this court, I don't see how they can have confidence in the advice and decisions of someone who has never served as a judge," he said. He added that the chief justice also has to be available to fill in on a moment's notice to hear cases - which, again, requires judicial experience. Having stressed his belief in the need for an experienced chief judge, Murphy said he trusts that Benson will empanel some kind of non-partisan judicial nomination commission to select his successor. Murphy was the first judge to be selected after then- Gov. Shaheen established the Judicial Selection Commission, which screened and recommended judicial candidates, but which Benson has opted not to keep in place. Murphy said he found the selection process under the JSC to be "very thorough and fair." In part 2, Murphy will discuss his views on law practice, how the courts have changed during his tenure, and his future plans, and colleagues of Murphy's will share their memories of him.
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