AFTER MONTHS OF suspense and performing the duties on an "unconstitutional" basis, John T. Broderick, Jr. was officially sworn in as the Chief Justice of the N.H. Supreme Court on June 4.

"Today is the most joyous day for me and my family in my 32 years as a lawyer and a judge," Broderick told those assembled for his swearing in. "I stood on a lot of shoulders to get here and am both honored and humbled by the responsibilities that have been entrusted to me."

This time being sworn in as a result of gubernatorial appointment, Broderick took the oath of office before a standing-room-only courtroom full of friends, colleagues and representatives from all three branches of government. He was also sworn in on January 2 when he assumed the duties of now-retired Chief Justice David A. Brock, but then for a five-year term that rotated among the justices based on seniority.

In April, a panel of substitute judges struck down a legislative act that created the seniority-based succession as unconstitutional and allowed the governor's nomination of Broderick.

Following the governor's nomination of Broderick and an Executive Council hearing on May 5, the Councilors voted 4-1 on June 2 to confirm him. Dissenting was Councilor David Wheeler, of Milford, who objected to what he considered Broderick's "judicial activism," specifically referring to the judge's involvement in the 1997 Claremont educational funding case.

During the ceremony, Gov. Benson acknowledged that there was initial controversy surrounding the position but, in the end, the governmental branches came to the same conclusion that Broderick was "the right man" for the job. He added: "John Broderick brings a sense of purpose, a sense of focus, and a sense of where this great institution needs to be for the long term." After issuing the oath to Broderick, Benson shook the judge's hand, and said, "You, my friend, are now sworn in."

Broderick said during a recent interview with the Bar News that he feels a difference in his post following the most recent swearing in as the head of the state's highest court. "It's best to assume this job as history, and the constitution-as we have discovered, had intended." He explained that his current appointment, which provides him with a tenure to age 70, gives the job greater legitimacy and affords him the time to take a longer view of shaping the court system into one that provides "meaningful access" to those from all walks of life seeking justice. He says this accessibility is especially a concern as the number of self-represented litigants is increasing.

During his speech after the swearing in, Broderick addressed this issue: "The world outside these walls is changing in fundamental ways and the courts must continually adapt to keep pace with that change. If we do not we will not fulfill our constitutional mission so essential to our democratic system. The judges and staff in the judicial branch are an extraordinary group of people whom I am honored to lead. I have every confidence that together we will meet the challenges which confront us. Failure is not an option."

In the interview, Broderick said that he plans to listen and communicate with all those involved in the judicial process. "I want to be satisfied that the goals I have are shared, or, at least, well-communicated."

The chief justice noted that prior to and after his official swearing in as chief justice, people in all the branches have treated him and his goals with respect. "They have been enormously accepting of me during my 'unconstitutional' tenure." One of his priorities is to create a sense of unity among all those who work in the judicial branch. "I want all to feel as one, to feel integrated into the system," he explained. "I want them to feel they are part of something larger than their day-to-day."

Broderick has served on the state Supreme Court since 1995 when Gov. Stephen E. Merrill appointed him as an associate justice after many years as a private practitioner in Manchester.

Merrill spoke during the ceremony, as a friend and colleague. "I'm a sentimentalist when it comes to John Broderick." He explained that he still has the sign that hung in front of the law firm of Merrill and Broderick in Manchester. And, Merrill quipped that it would have been hard to imagine back then that one of the partners would become governor and the other the chief justice of the state Supreme Court. He added: "John Broderick won't give the state bad advice."

Broderick also served as president of the New Hampshire Bar Association from 1990-91. He is a fellow of the American College of Trial Lawyers and is a past president of the New Hampshire Trial Lawyers Association. In 1993, President William Clinton appointed Justice Broderick to the board of directors of the national Legal Services Corporation.

Other speakers at the ceremony were the Hon. Joseph P. Nadeau, senior associate justice, representing the court, and friend Atty. Stephen L. Tober.

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