GOV. CRAIG BENSON nominated Superior Court Judge Richard E. Galway of Bedford to the NH Supreme Court on Jan . 7 to replace retired Chief Justice David A. Brock. "His strong commitment to the rule of law, his constitutional convictions and his belief in the separation of powers make him superbly qualified," Benson said of Galway in a prepared statement. Galway is perhaps best known for his 2001 ruling that the statewide property tax that helps fund education is unconstitutional, a decision that was overturned by the Supreme Court 3-2. Benson said, however, that he looked at Galway's entire record, not just that property tax decision, in selecting Galway as the next Supreme Court associate justice.

On Jan. 13, 2004, in remarks to new admittees, Supreme Court Chief Justice John T. Broderick, Jr. welcomed the appointment of Galway. "If he is confirmed, he will make an enormous contribution to this court," Broderick said of his former law-firm colleague. Galway and Broderick both practiced with the Devine, Millimet law firm, and both were appointed to the bench in the same year, 1995. They have something else in common: both served as NHBA president (Galway in 1982-83 and Broderick in 1990-91).

In a statement, Galway, 60, said he is "honored" to be nominated to the Supreme Court. "As a Superior Court justice, I have been guided by the laws and philosophies of our constitution. I pledge to bring the principles of fairness, integrity and humility to the Supreme Court," he said.

Galway is a graduate of Boston University Law School and was admitted to the NH Bar in 1970. He was a trial attorney with Devine, Millimet & Branch, Manchester, for 25 years before his appointment to the Superior Court by Gov. Stephen Merrill.

The Executive Council was scheduled to hold a hearing on Galway's nomination Jan. 21, after this issue of Bar News went to press.

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