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Bar News - September 17, 2004 No Appellate Avalanche of NH Supreme Court By: Dan Wise EIGHT MONTHS AFTER the NH Supreme Court ended its discretionary appeals policy; the court’s docket has grown, but only modestly. Practitioners and court officials say the process is working smoothly, although more slowly, and they agree that it is still too early to tell what glitches may develop in the new appellate process. Here are the numbers: Filings: Comparing Jan. 1 to Aug. 31 for 2003-2004, the number of filings rose from 554 to 591, representing a 6.6% increase. Dispositions: During the comparable eight months, the number of cases resolved by the court dropped from 566 to 484. Clerk Eileen Fox said the decrease is due to several factors: most cases are now accepted and are therefore pending for a longer period of time under the new process. Previously, virtually all appeals were discretionary, and approximately 60 percent of cases were declined or summarily disposed of shortly after filing. Acceptances: Now that most appeals are automatically accepted, this number obviously has risen. From Jan. 1, 2004 through Aug. 31, the court accepted 422 cases, compared to 228 cases during the same period in 2003. Cases Pending: At the end of 2003, there were 338 pending cases on the court’s docket. There are now 451 cases pending. Concord appellate attorney Joshua Gordon said he is spending more time explaining—and sometimes persuading—litigants that even though they can appeal, their cases aren’t strong and wouldn’t be worth the expense of going through the process. Nevertheless, he said, his clients feel better knowing that they can obtain appellate review of their cases if they desire it. Doreen Connor, of the Wiggin & Nourie firm, said she was relieved that the court was not being flooded with filings now that acceptance is automatic. "I am very pleased that the increase in filings is so modest; that dispels the suggestion that practitioners would automatically appeal each and every case, without appropriate deference," she told Bar News. Attorneys are concerned about the frequency and length of delays in obtaining transcripts due to the court’s new policy restricting extra compensation to Superior Court official stenographers to complete transcripts. Connor also said that once a case is accepted, there’s no guidance as to how a particular case will be handled once it is submitted to the court. In implementing the new automatic acceptance policy, the Court has taken pains to point out that consideration by the court may be done summarily on the briefs, without oral argument or formal published opinion. FYI - Visit NHBA CLE - Online CLE for a one-hour video, The New Appellate Process, reviewing rules and strategies for the new process. This video has proven to be the most-requested NHBA CLE online program this year.
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