Bar News - May 18, 2001
Figures Show Superior Courts Are Getting Busier
THE NUMBER OF new cases entered in the NH Superior Court increased 4 percent in 2000, the second straight increase after several years of declines.
Last year, 27,560 new cases were recorded in the state’s 11 superior courthouses, a 4 percent increase from the 26,483 entries made in 1999. However, the trial court has been able to keep pace, reporting an increase in new dispositions, rising from 25,153 in 1999 to 26,239 last year.
"These numbers demonstrate that we are keeping on the same pace with handling cases," said Superior Court Chief Justice Walter L. Murphy. "We have relied to a significant extent on retired judges coming in to hear cases, and I have been trying cases two days a week."
For most of the past year, the superior court has been below strength due to the appointments of Justices Joseph Nadeau and Linda Dalianis to the Supreme Court and the retirement of George Manias last summer. A number of Superior Court judges have also been called away from the trial court bench to serve as substitutes for recused justices in Supreme Court cases.
"We are awaiting with great anticipation the appointment of new justices to the court," added Murphy. The Judicial Selection Commission earlier this year was asked by Governor Shaheen to screen candidates for three Superior Court positions. Judge Murphy is hoping that the governor and council will act promptly so that new justices will be confirmed and on the job within the next few months.
Murphy said he will ask some of the retired judges to serve as mentors for newly appointed Superior Court judges. "We are going to have a more formal mentoring program over a period of time to bring the new judges up to speed," he said.
Regarding the caseload statistics, Murphy again pointed to the particular difficulties posed by domestic relations cases, which are rising in volume and complexity. Last year, new cases entered in the marital division of Superior Court (excluding Family Division cases in Grafton and Rockingham counties) rose 4.6 percent over the previous year, and the number of re-entries rose 5. 2 percent. Many cases involving the division of assets in the breakup of unmarried couples’ relationships are recorded in the equity division, which posted a 2.3 percent increase from 1999-2000, but a 15 percent increase for 2000, compared to the average number of cases filed between 1995-99.
Murphy said the prevalence of pro se litigants in family matters is especially challenging. According to Superior Court estimates, in 70 percent of the marital cases, at least one party is not represented by counsel, and in as many as 40 percent of the cases, both parties are appearing pro se.
Criminal filings also have been steadily increasing. In 2000, 10,679 new criminal entries were filed, a 4. 7 percent increase over 1999, and a 9 percent increase over the five-year average during 1995-99.
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