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Bar News - January 7, 2005 Lynn Lauded at Nomination Hearing SUPERIOR COURT JUDGE Robert J. Lynn answered a variety of questions from the Executive Council regarding court management, his experience and his plans if he is confirmed as chief justice of the NH Superior Court at the Executive Council's Jan. 7 public hearing on his nomination as chief justice. Lynn was praised by colleagues from the bench and Bar during public testimony at the hearing. The Executive Council was scheduled to take a confirmation vote on Judge Lynn's nomination on Jan. 21, after this issue of Bar News went to press. Check www.nhbar.org for updates. Responding to a question from Councilor David Wheeler regarding how he plans to manage the Superior Court being down two judges, Lynn said that the more critical issue is a shortage of clerical staff. "There is no question the level of service is not the same as if we had those two judges; the level of service is reduced to some extent. But is it so severely impacted that the courts have a tremendous inability to render service? No," said Lynn. "The more critical issue is the reduction in clerical staff. I can't say enough good things about our court staff. They are the ones who deal with people in distress on a daily basis, and budget restraints that have reduced their numbers have impacted service." On the subject of delays in the courts, Lynn agreed with Councilor Ruth Griffin that court constituents should be informed of why their cases aren't called when scheduled. "I agree it is a very important public perception issue. What happens is the courts end up overbooking because setting a hearing date often brings forth settlement, but sometimes not as many cases end up settling as we had hoped and there are delays," Lynn said. Lynn also agreed with Councilor Ray Burton that it is important for the Superior Court chief justice to visit all of the superior courts regularly and communicate frequently with the court clerks to keep up-to-date on court caseloads and issues. A number of attorneys, fellow judges and members of the public gave testimony in favor of Lynn's confirmation as chief justice. Three former litigants who had appeared in Lynn's court spoke in opposition to his nomination, one alleging that he had ex parte communications with defense counsel during her case. Attorney Edwinna Vanderzanden, who had served as co-defense counsel with Lynn in the early 80s and has appeared before his court numerous times, spoke strongly in support of his nomination. "He is noted for his thoughtful, balanced and fair hearing of cases. He would make an excellent appointment as chief justice," she said. NH Superior Court Associate Justice Gillian Abramson was one of five Superior Court judges who spoke in support of Lynn's nomination. "Over my nine years on the bench, whenever I've had a question or a challenging issue to grapple with, I'd call Judge Lynn for his input. His opinion is so respected....The state of New Hampshire will benefit greatly from his appointment as chief justice," said Abramson. Rep. Robert Rowe, vice chair of the House Judiciary Committee, said that Lynn is not afraid to take an unpopular stance if he believes it is in the best interests of the state. In March 2001, Judge Lynn wrote an article for NH Bar Journal titled, "Judicial Rule-Making and the Separation of Powers in New Hampshire: The Need for Constitutional Reform." The in-depth article criticized the Supreme Court's interpretations of Part 2, Article 73-a regarding the supremacy of court rule-making and it advocated a constitutional amendment that would assert the primacy of legislative statutes over court rules in most instances. "He took flak for his position, but maintained it nonetheless. He will be a good manager and an asset as chief justice.," said Rowe. Attorney David Nixon described Lynn as "thoughtful, considerate, knowledgeable, scholarly and hard-working." "Lawyers respect him and his ability and appreciate his candor and cordiality," said Nixon.
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