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Bar News - November 5, 2004 Chief Justice Visits Board of Governors
SINCE HIS CONFIRMATION, NH Supreme Court Chief Justice John T. Broderick, Jr. has been on a nonstop listening tour -meeting with members of the executive and legislative branches, and traveling throughout the state, visiting court personnel on their own turf, touring the facilities and hearing the everyday concerns of those who are on the frontlines of the justice system. In that vein, he continued his listening tour by meeting with the NHBA Board of Governors at its regular meeting on Oct. 21 at the Bar Center - a facility he knows well, having served as NHBA President from 1990-1991. In part, he came to explain his concerns about the constitutional amendment put before the voters on Nov. 2 (Election Day occurred after presstime for this issue), but also to signal that he wants to enhance the lines of communication between practicing lawyers and the court system, particularly in a period when he believes significant changes are needed in the courts' operation and in the practice of law. Before his arrival, NHBA President Jim Gleason announced to the Board of Governors that Broderick and members of the Supreme Court intend to meet on a quarterly basis with Bar officers. "I enjoyed every hour of my experience as a lawyer," said Broderick. "I do not work under those circumstances anymore, but I do understand the economic conditions under which you work," he said. "We need to have a better dialogue, a more appropriate dialogue, between the bench and the Bar." Since he was first admitted to practice in 1972 (NH in 1973), Broderick said that relations between lawyers and judges have grown more distant - and, he added, "I think the judges have been at fault in letting that [closeness] slip away." Both the bench and the Bar have a role to play in ensuring the relevance of the judicial system in the future, he said. "We have to make the courts more accessible, more affordable and more understandable," said Broderick. "This is central to not losing our credibility with the public." "I think the legal profession does a fantastic job of representing 15 per cent of the population needing access to the courts," Broderick added. "The number of self represented people is our single largest challenge. We need to get ready for that change -it will be a huge change. If we don't fix [our courts], no one else will." Long-range planning is an issue that Broderick is in the midst of tackling. He said the court would be convening a broad-based group of citizens and justice-system stakeholders, numbering 60 to 90 people, to look at the recommendations from a series of reports issued or soon to be issued on issues dealing with the courts. Broderick cited the report of The Task Force on Justice System Needs & Priorities, issued in September, the Task Force on Self-Represented Litigants, whose report was issued last January, and the legislatively created Task Force on Family Law, chaired by Nina Gardner, executive director of the NH Judicial Council, which was due to submit its report on Nov. 1. Other actions and discussion items at the meeting: - NHBA Insurance Agency to offer member discounts for disability, life insurance. The board voted to approve non-exclusive arrangements with top-rated insurance carriers that will offer life insurance and disability coverage available to members. Agency executive Sue Morand (see profile on page 2) said the agency only deals with carriers rated "A+" or better in financial soundness by independent rating agencies. She said she monitors ratings on a daily basis. - Amendment update. Board members were updated on the informational activities of the Bar in furthering the Bar's position opposing the proposed constitutional amendment. NHBA Executive Jeannine McCoy said that it is probably likely that few people will recognize the distinction between the Bar's limited informational activities and actions taken by members of a newly organized political action committee, Citizens for Good Courts, established by several Bar members acting on their own, including attorney John MacIntosh, who monitors legislative activity for the Bar during sessions, and former NHBA Presidents Peter Hutchins and Jack Crisp. - Indigent defense funding concerns. President-elect Richard Uchida, a member of the NH Judicial Council, said the council is concerned about shortages in funding for contract attorneys handling indigent criminal defense cases due to interim, across-the-board budget reductions ordered by Gov. Benson. - Pro Bono Referral Marathons. Virginia A. Martin, associate executive director for legal services, appealed to the Board to participate in several end-of-the-year referral marathons to place as many cases as possible before the end of the calendar year. Typically, members of the Board staff their own marathon to help find attorneys to represent eligible Pro Bono clients with urgent matters. - More than 1,200 members participate in survey. McCoy reported that, to date, 946 members have responded online and 223 via regular mail to the first installment of the NHBA Member Survey Series. Results from the first survey, sent to active members only, will be used to pinpoint areas for future installments of the surveys in the coming months. On the Bar's consent agenda, the Board also approved the audited financial statements for the fiscal year ended May 31, 2004, as well as minutes from the Sept. 7 board meeting, and membership status changes.
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