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Bar News - January 7, 2005 State's New Chief Justice Assumes Post Without Fanfare THE NEW YEAR began with a new top administrator for the judicial system as Associate Justice John T. Broderick, Jr., of Manchester, took over the reins of the court system, replacing retired Chief Justice David A. Brock. His promotion to chief justice, determined by Broderick's status as the most senior associate justice, as prescribed in RSA 490:1, took place without any formal ceremony. On his first day in office on Jan. 2, Broderick issued a letter to all court employees lauding his predecessor, thanking Brock for "his hard work and courage, as an extraordinarily able judge, and as a very caring human being." Broderick's letter concluded: "As the new year begins, we set forth together to carry out our solemn duty to provide New Hampshire citizens with the fair and efficient administration of justice, as our constitution guarantees. I am honored to have an opportunity to lead our court system and to work with a team of men and women throughout our state whose loyalty and dedication is the core of our effort." "Throughout my professional life, three principles have been my guide: cooperation, service and excellence. That is the spirit with which I accept the job of chief justice. During my tenure, I ask for your help and support as we work to achieve those goals, for our citizens and our state." The following week, Chief Justice Broderick made his first public appearance as chief justice when he sat for oral arguments with the other three remaining justices. Broderick attempted to let the occasion pass without notice. He looked up at the audience, which included a number of students and the attorneys with cases before the court that day, and noted only that it was a larger crowd than usual. Then Associate Justice Joseph P. Nadeau asked for permission to speak and briefly remarked that the justices of the court "were very excited" about the new court and looked forward to working with the new chief justice. With his trademark dry humor, Broderick congratulated Justice Nadeau for not consulting his notes while making the remarks, which Broderick joked that he had written for Nadeau. Broderick then said, "I am looking forward to my service as chief justice, for however long it may last." Broderick's reference to his tenure was apparently an allusion to the controversy sparked by Gov. Craig Benson, who has declared that he does not believe that the statute establishing a five-year rotating term for the chief justice is constitutional because it deprives the governor of his ability to appoint "all judicial officers." The governor and Executive Council have petitioned the Supreme Court for exclusive jurisdiction to consider the law's constitutionality. A substitute panel of justices - including retired Justice William Johnson, retired Superior Court Chief Justice Walter L. Murphy, and retired associate justices Douglas Gray, Philip Hollman and Robert Temple - has been appointed to hear the case and has scheduled oral argument for Feb. 25.
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