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Bar News - November 5, 2004 New Judge in Portsmouth; Derry Judge Warhall Retires Judicial resources to be strained as more retirements of full-time District Court judges expected before year's end Former assistant Rockingham County Attorney Sawako Gardner on Oct. 20 was confirmed as Presiding Justice of the Portsmouth District Court. Gardner, 41, was admitted to the bar in 1989, and has become very familiar with district court practice, having worked as a defense attorney or prosecutor for almost her entire career. Gardner began as a public defender in New Hampshire from 1989 to 1994. She then worked as an assistant county attorney in Carroll County for three years, and then briefly worked in the Portsmouth office of the legal department for the Division of Children, Youth and Families before joining the Rockingham County Attorney's office in 1999. She said she is looking forward to continuing her career in public service as a full-time judge in the Portsmouth District Court, replacing the late Alvin Taylor. At presstime, Gardner did not know when her swearing-in was to be scheduled.
Also in October, Derry District Court Judge Lawrence F. Warhall, 68, announced his retirement after 23 years on the bench. Members of the area legal community have organized a dinner in Judge Warhall's honor for Thurs., Dec. 9, 2004, at the Promises to Keep restaurant in Derry. (Tickets are $40 per person. RSVPs are due by Nov. 19. Contact Lu Ann Gero at Derry District Court at 434-4676 for reservations.) Appointed in 1981, he gave up his law practice and became a full-time judge when the Derry Court became the ninth district court in the state to become a full-time court. Warhall, previously a partner in the firm of Fryer, Boutin & Warhall, entered the law later in life, entering law school in 1971, after serving in the Army and working for Ralston Purina and Agway through the 1960s.
Administrative Judge Edwin W. Kelly, who is overseeing both the District Court and the Family Division (see article on page one) says that Warhall is one of several district court judges expected to voluntarily retire before the end of 2004. A recently revised judicial pension system makes it easier for many judges to retire before the mandatory retirement age of 70 and not suffer a significant loss in benefits. Kelly said at least three and as many as five full-time district court judges may retire this year. The departures from the bench will provide opportunities to bring new talent into the district courts, but in the short run Kelly is concerned about the difficulties the court will face keeping the courts staffed with judges. Although there are 45 part-time district court judges who can be assigned where needed, most of the part-time judges are providing as many hours as they can without sacrificing their part-time law practices, Kelly said. Although some part-time judges no longer practice law and are able to add to their judicial schedules as needed by the courts, most of the part-time judges try to maintain their law practices. Typically, these attorneys are finding that they cannot devote more than two days a week to judicial assignments without undermining the viability of their law practices, Kelly said. In addition to Judge Warhall's impending retirement, effective at the end of the year, a full-time judicial vacancy exists in the Nashua District Court. Part-time vacancies for special justices exist in Derry, Hampton, Durham and Claremont.
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