Bar News - October 20, 2000
Walter L. Murphy Confirmed as Superior Court Chief Justice
By: Dan Wise
SWORN IN OCT. 4 as chief justice of the Superior Court, Walter L. Murphy said that part of the challenge he sees facing the state’s major trial court is educating the public about the role of judges.
“I feel that some people sense that the judge can solve all of their problems. When the court doesn’t decide in their favor, they feel that something is wrong with the system, rather than with their case. I think we are going to have to work more to educate the public about the role of judges so they can have realistic expectations when they come to court.”
Coping with the explosion of pro se litigants is also a challenge Murphy hopes to address with the assistance of the Bar. Murphy said as many as 70 percent of the court’s domestic relations cases have one or both parties appearing without a lawyer, and he is concerned that often pro se litigants are at a “distinct disadvantage.”
While the court has an obligation to ensure a fair day in court for everyone, unrepresented or not, when the court attempts to provide additional assistance to pro se litigants, it runs the risk of providing legal advice and further blurs the role of court personnel and judges, Murphy acknowledged.
Murphy, 62, the senior member of the Superior Court bench, is a voice of experience, having held a variety of positions in the court system and in public life. Before being named to the Superior Court in 1983, he served as a Superior Court master, clerk for the Grafton County Superior Court and as a district court judge in Plymouth for eight years. He was a police officer before obtaining his law degree from Boston College Law School in 1962. Following his admission to the Bar, Murphy joined the practice and eventually became a partner of William F. Batchelder, the now-retired Supreme Court justice. He is highly regarded by his peers, as evidenced by his being named the first winner of the William H. Grimes Award for Judicial Excellence, presented two years ago by the Bar.
In remarks at the swearing in following a unanimous vote by the Executive Council to confirm him, Governor Jeanne Shaheen said Murphy had “a long record of distinguished service as a judge and attorney...he has proven himself more than well-equipped to handle this difficult job.”
Murphy, known for his forthright manner, acknowledged he is taking over at a challenging period for the court. Due to the recent appointments to the Supreme Court bench of his former Superior Court colleagues (and his two predecessors as chief justice), Joseph P. Nadeau and Linda S. Dalianis, along with this summer’s retirement of George Manias, the trial court is down by three judges. Judicial time has been further strained by the temporary assignments of Superior Court judges to hear Supreme Court cases during the impeachment process. Although the trial has been completed, the strain on resources won’t go away quickly.
In addition to the unfilled judicial vacancies, the state budget freeze on most positions is taking its toll on court support personnel. Murphy said there are about 70 unfilled positions throughout the court system. “We have been cooperating with the governor to keep replacement of people to a minimum, but we are balancing the budget on the backs of state employees,” Murphy said.
Another difficult problem is improving the technology the courts use. “We’ve got to be prepared to solve 21st century problems with something better than 1986 technology,” Murphy said, referring to the fact that state courthouses are still operating on DOS-based computer systems.
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