MANCHESTER ATTORNEY Peter E. Hutchins took office as the 2001-2002 Bar president at the NHBA Annual Meeting on June 23, succeeding Gregory D. Robbins, of Portsmouth. In his inaugural speech, Hutchins vowed to continue the Bar’s efforts to provide information and to speak out on judicial and legal system issues.

Hutchins, a trial lawyer and partner in the law firm of Hall, Hess, Stewart, Murphy & Brown, represented Hillsborough County on the Bar’s Board of Governors and served as Bar secretary before being elected vice president in 1999.

In the past year, Hutchins has worked extensively with Robbins, as well as with Vice President Martha Van Oot and Immediate Past President George Moore, on a variety of legislative issues. "A number of us worked very hard on this, but none harder than Hutchins," Robbins said. "He spearheaded much of our effort and almost single-handedly compiled a mountain of reference materials to help guide those efforts. A good part of the success we’ve had is due to his hard work and his insights."

Hutchins’ speech at the Annual Meeting reflected his dedication to the Bar’s role in the public discussion of judicial and legal improvement initiatives in the Legislature. His remarks are quoted below:

"In this past legislative session, the justice system in New Hampshire has faced a level of scrutiny and criticism which has not been seen for decades. While some of this criticism may eventually lead to actual improvements, much of the criticism has been unfair and exaggerated, based upon (1) a lack of information, (2) false information or (3) a basic misunderstanding of the courts and lawyers.

Through it all, however, the bench and Bar have attempted to remain focused on preserving the fundamental constitutional principles of decisional independence for judges, the proper and necessary separation of powers as guaranteed by New Hampshire’s Bill of Rights, and aiding access to the courts for all citizens.

Given the sheer volume and scope of proposed judicial reform legislation during this past session, the Bar Association became significantly more politically active than in past years. Faced with fast-changing legislative proposals, bar leadership was frequently required to act quickly and decisively. While not all lawyers and judges have agreed with every position the Bar has taken, at all times we have acted in a manner intended and designed to preserve the fundamental constitutional fabric of the entire judicial system.

As this legislative session draws to a close, I am pleased to report that we have succeeded thus far in our efforts. The most extreme and potentially damaging legislative proposals, including (1) radically amending Part II, Article 73-a of the state constitution, (2) strict terms limits for judges, (3) deunification of this bar association, (4) giving control of the Professional Conduct Committee to the Legislature, and (5) granting absolute authority to retain or discharge judges to an extra-constitutional commission, have failed to pass. A bill proposed by the Bar providing for a five-year rotation of the chief justice of the Supreme Court did pass the House and the Senate and was signed into law by the governor.

Another bill supported by the Bar establishing a commission to study solutions to the appellate case backlog was also passed and signed into law.

Disappointingly, however, a reasonable and moderate bill proposed by the Bar Association and supported by the Court to appoint members of the Legislature to the Court’s Rules Committee to allow legislative input and participation in the rules-making process was voted down by the House Judiciary Committee by a vote of 14-0 – and killed by the House – despite being passed by a unanimous Senate.

While much has been accomplished, much remains to be done.

Many of the bills ‘referred’ or ‘retained’ will be proposed again next year in one form or another. Accordingly, the Bar will continue to participate in the legislative process next year to ensure that the constitutional rights and privileges of New Hampshire’s citizens are not eroded and dismantled under the illusory and misleading banner of ‘judicial reform.’

Moreover, the Bar intends to work with its members and the bench to move forward from this difficult era in our judiciary’s history. It is critical that the public has confidence in the judicial system, and we need to work together to restore whatever confidence may have been damaged due to the attacks we have endured over the past year. While the task again will not be easy, it is one that we must and will undertake. The effectiveness of the judicial branch, those who work within it, and the welfare of the public it serves depend upon this effort.

I would ask all fellow members of the Bar and the bench to join us in this important work. While the organized Bar has and will continue to play a visible and important role in the public and legislative debate on these issues, it is critical that lawyers and judges alike avoid the assumption that the Bar can carry the burden alone. As you are all aware, the Bar has been attacked continuously by those critical of the courts and our profession. We have been wrongfully called everything from a ‘big political machine’ to a mindless ‘arm of the Supreme Court.’ Our hard work and independent thought has been denigrated by extremists who seek political gain by doing damage to a judicial system that has effectively protected the rights of the individual citizen in this state for two centuries.

Therefore, in addition to playing an active role in the efforts of your association in this regard, I would ask that each of you play an individual role in enhancing and supporting public confidence in the judicial system by contacting your legislators to express your views on these issues. In addition, we ask that you talk to your clients, neighbors and members of the communities in which you live about the legal system and how it protects the rights of our fellow citizens. Together, we must fight to preserve for our clients and the public a system where they can have confidence that their legal disputes will be heard fairly, objectively and with strict adherence to their fundamental constitutional rights.

Your bar association stands ready to work with those who seek to enhance and improve the judicial system, and equally ready to oppose those who seek to cripple its critical constitutional role. We ask your support in this just and critically important cause."

In his final speech as Bar president, Greg Robbins looked back on the challenges of his year as president and those who helped him work through those challenges.

"Every year, it seems the outgoing Bar president makes the same remark – how his or her year as president has just flown by," Robbins said. "Let me tell you something, this year has taken forever."

"Actually there have been some terrific things I’ve experienced in the past year," he continued. "In the past three years as I have gone through the Bar leadership chairs (from vice president to president-elect to president), easily the best thing has been working with some of the finest and most capable people you could meet anywhere."

Robbins cited his predecessor, George R. Moore, whom during his year as Bar president helped manage the restructuring of the Bar organization to better meet the needs of a growing and changing profession. "It certainly was not what he had in mind when he signed on, but early on George realized it was something that needed to be done, and, as with everything else he does, George did it well."

"Then, last April, when you like to think you are nearing the end of your year and you can actually start practicing law again, George was faced with the impeachment crisis. I doubt many days went by when he didn’t have a microphone stuck in his face or had to deal in some way with the many issues this raised. Again, George did the job and did it well."

Robbins also introduced members of the Bar’s senior staff and thanked them for their talent and dedication.

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