THIS IS THE FIRST time I have accepted a formal invitation to speak since January 2000, when I addressed the annual meeting of the New Hampshire Bar Association, an organization I once proudly served as president, I spoke that day about how lawyers were working too hard and getting too little enjoyment from the practice of law. I challenged the bar to put professionalism above profit, to find time to develop interests outside the law and to recommit to the law as a calling, not a business.

I still believe in that message, however lofty it may seem. Little did I know that January day as I stood in the company of friends, the personal and professional challenges which lay ahead for me, my family, my colleagues and for the court, which I have been so privileged and proud to serve.

During the last 14 months my family and I, in particular, have endured the spotlight of harsh public scrutiny. Over that time I learned much about myself, my colleagues, my friends, the unexpected kindness of complete strangers, the boundless love of family and the enduring strength of faith. All of this has made me stronger, more forgiving, less judgmental of others, more introspective and more humble. I have learned some lessons from well-intentioned criticism and done some soul-searching, which I think has made me wiser, more committed and in the long run a better judge.

it has rekindled my appreciation for the enduring strength of our form of government and for the genius of our founding fathers who created it. It has demanded that I renew the personal commitment to public service that I made when Gov. Merrill asked me to become a judge six years ago. I have done that.

I speak tonight only for myself—I would not presume to speak for my colleagues, past or present. I have been reluctant to come forward at all in recent months because I believed my words would just be seen as concern for my own well-being. So, until today, when we celebrate the near sacred rule of law in our democratic society, I have kept my thoughts to myself.

I know very well that because I am a sitting judge, because I have been subject to a House investigation—but never charged—and because I am still in the headlines that whatever I say will be labeled by some as self-serving, self-protective or even arrogant. Others may suggest that I just don’t "get it." But the cost of silence is too high—for all of us—and so the prospect of further criticism no longer deters me.

The fact that tensions exists from time to time among and between the three branches of government is not a sign that our system is broken. To the contrary, it is the inescapable consequence of a democracy in full flower. The constitutional separation of the courts from the legislative and executive branches does not make judges more powerful or more important than lawmakers, governors or anyone else. But it does mean they have a decidedly different role than others for which judicial independence was created and historically protected. It is about judicial independence that I would like to speak to you tonight.

Day in and day out, the courts of this state are called upon to level the playing field, to protect individual rights even when the public disagrees and to render unpopular, but just, decisions. Our courts resolve disputes, they separate combatants and they often impact the lives of all our citizens. It is essential, therefore, that the courts remain free of political entanglement and influence, however subtle or well intentioned. Small changes may seem inconsequential at first. But we are talking about a hallowed concept in our constitution, as fundamental as any, which we must steadfastly safeguard and defend. Judicial independence, of course, cannot exist without accountability, but proposals for accountability must be free of any taint of retribution or politics.

In less than 18 months, on election day in November 2002, the voters of New Hampshire may be asked to approve amendment to our state constitution that may well alter the delicate balance of power in state government and undermine the historic and essential independence of the courts. You will need to decide whether the proposed change unacceptably alters the promise to our citizens that independent courts will protect their individual rights—fairly, impartially and free from political influence.

I think the time has come to begin a public dialogue in this state on whether the various "judicial reforms" being proposed in Concord, however well meaning, are in the long-term interest of our citizens. No matter where you come down on these issues, your voices need to be heard. To those of you who work with the courts on a regular basis, I urge you to speak out. You possess much important knowledge and there is a lot at stake.

Consider this example: In New Hampshire we have lifetime tenure as judges, but some in Concord want to change that. They say that it will make us more accountable. I ask you this: Would you want your controversial case to come before a judge who is just a week shy of a renewal hearing before a commission with several members appointed by elected officials? I believe a judge should never have to think for a second that a ruling he or she might make could have a personal impact on job security.

We surrender a lot if we head in that direction. An oft-repeated metaphor comes up in discussions about judges who are elected or appointed for terms and have tough cases before them. It’s like finding a crocodile in your bathtub when you go in to shave. You know it’s there, and you try not to think of it, but it’s kind of hard to think of anything else while you’re shaving. Judicial independence is important. We need to protect it. But first, we need to explain it. Judicial independence means many things to many people. I’ll tell you what it means to me, especially after the pain of the last year.

It’s the ability to make a decision without fear of retaliation;

It’s knowing that your personal interests and security have no place in the administration of justice for those who appear before you;

It’s doing the right thing for the right reason;

It’s following the law and its precedent;

It’s the freedom and responsibility to understand that cases have faces;

It’s knowing that you will have the precious space and distance—the independence—to make decisions, however unpopular, with integrity.

We have that independence now in New Hampshire. It is up to all of you to decide whether to keep it.

An independent judiciary forged many of the rights we take for granted in present-day America. They were given birth by decisions not entirely popular or free from controversy, but they have changed the face of our state and nation and often fulfilled our promise as a free and democratic people. I speak of the abolition of school segregation; one man, one vote; equal rights for women and minorities; the right to counsel in criminal cases; and the fight of all public school children in New Hampshire to a constitutionally adequate education paid for by the state.

Ask yourself if these decisions, some of which we now view as birthrights, would likely have been made by a weaker judiciary or by judges preoccupied by looking over their shoulder or reading the latest editorial.

What concerns me the most in the present climate is the silence of many who seem reluctant to take up the debate on judicial independence— an issue that is of historic importance to the rights and liberties of all our citizens Perhaps they are wary of getting involved because the atmosphere in our society has become so cynical and hostile toward public officials. This level of distrust discourages rational debate on the merits of the issues before us.

Please don’t misunderstand me: The public and the press should be vigilant about the actions of their government and its officials. I would have it no other way. But, for whatever reason, and I fear it may reflect an unwelcome change in our national culture, the public dialogue has become too angry, too accusatory and too mean-spirited. Unfortunately, civility has been the first victim, replaced with hard-edged sound bites and hot rhetoric that drown out respectful disagreements and the substantive discussion of ideas. Nobody wins in that environment.

I am not suggesting here tonight that you should speak up to defend my rights or those of my colleagues, but I respectfully encourage you to speak up to protect your own rights and those of your clients. I firmly believe, as did our founders, that your rights and liberties are best protected and secured by a free and independent judiciary. Take a moment to recall the unpopular clients or issues you have represented in your careers and how you relied on the courts’ impartial decision-making, unencumbered by political considerations or concerns for job security, to resolve disputes without fear or favor. The system we have all enjoyed did not happen by accident or without much careful thought.

You need to play a role in the public discussion that will surely follow. I encourage you to insist that the debate be civil, that it be based on facts and not on hot rhetoric and groundless accusations. You need to insist that the focus be on principles, not personalities. Some in the Legislature have questioned whether in the immediate aftermath of the impeachment inquiry it is a wise and proper time to consider changes to the constitution.

In the world of politics people can speak freely about issues, about people, about judges—their ethics, their motives, their rulings, their imperfections. Judges can’t speak freely, even when they are under attack, and they shouldn’t.

For most of our history, our constrained silence has been understood as an extension of our commitment to impartiality. There are times, such as this evening, when we as judges can speak in a general way about issues important to the administration of justice. But we do not take sides outside the courthouse, not even to defend ourselves. It is a line we never cross, and never will. Lately in New Hampshire, however, the courts have been dragged across that line into the political arena where we are singularly ill equipped to play—and shouldn’t.

We in the judicial branch must rely instead on the good will, good judgment and spirited voices of our fellow citizens. Your voices need to be heard.

I am concerned that as the critics gain momentum—often with one-sided information, distorted facts or no facts at all—public confidence in the judicial branch is unfairly eroded. The more often unfounded attacks are repeated the more they take hold in the public mind. For example, I have read over and over again about our "corrupt" judicial system. Such statements do a grave disservice to the distinguished careers of so many men and women.

Over time, our system of justice will be undermined. In politics, silence in the face of repeated attacks is taken as assent. When the rules of politics are applied to the judiciary, the impact is doubly fierce because we cannot fight back. And so I fear our silence is taken as assent to our critics. That would be wrong.

I urge you to come forward and speak up because you, as lawyers, know this system better than anyone else and you should be in the forefront of this discussion.

As we pause to celebrate the rule of law in American life, I’m asking you to set aside the comfort of silence and come forward in the true spirit of democracy and citizenship. The people of New Hampshire know the virtue of independent thinking. They have built our great state on it. And I know they will listen to what you have to say,

As I was looking over this speech last night, I realized it reminded me of a line from a favorite country music song of mine. Yes, I am a big fan of country music because it’s about life and reality and it has no pretense. So, I offer this piece of advice in the words of country music star Lee Ann Womack: "If you have a chance to sit it out, or dance, I hope you dance..."

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