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Bar News - February 6, 2004 Superior Court Chief Lynn to Pursue Individual Judge Docketing Changing of the Guard NEWLY SWORN-IN Superior Court Chief Justice Robert J. Lynn said he will be seeking input from members of the Bar on the idea of implementing "individualized judge docketing" in superior courts throughout the state. The "one-judge, one-case" approach to case scheduling cannot be absolutely applied, especially in smaller courts, Lynn acknowledged, but he said a "modified" approach is something he is eager to implement to provide greater continuity in the handling of cases. "The system has been in place in Hillsborough North for three or four years, and the judges there feel it has worked very well," said Lynn, who had been assigned to the Manchester courthouse for several years. Hillsborough North and Rockingham County superior courts were the pilot sites for the individual-judge docketing experiment, which started during the tenure of Superior Court Chief Justice Joseph P. Nadeau. Judge Lynn said Rockingham discontinued the individual docketing approach after a couple of years, but the judges in Hillsborough North continue to work with it. Lynn said implementation needs to be pursued carefully, especially since the Superior Court is now down three judges from its full complement of 28, and its ranks of marital masters has been depleted by the retirement of Larry Pletcher two years ago and the "semi-retirement" of Martha Copithorne, who cut her schedule in half at the same time. The individual judge docketing system also may extend the time it takes for cases to go to trial; to avoid that, cases that appear less complicated could be reassigned to another judge before trial, Lynn said. The judicial vacancies are resulting in increasing calls for judge time and more juggling between court locations, Lynn pointed out. More significantly, though, the court system has been strained by continuing shortages of clerical staff. Lynn said that the court system, like other parts of state government, must strive in tight economic times to provide the highest level of service possible. Lynn wasted no time in taking office, being sworn in immediately following the unanimous confirmation vote by the Executive Council on Jan. 21, 2004. Lynn – who replaces the Hon. Walter L. Murphy, whose retirement was effective Dec. 31, 2003 – was appointed to the Superior Court 11 years ago. He served as a federal prosecutor in New Hampshire, Massachusetts and Connecticut; as a partner in the Cleveland, Waters & Bass firm from 1986-89; and with the McSwiney, Jones, Semple & Douglas firm from 1989-91. He was nominated as chief justice in December. "Justice Lynn will make a superb chief justice of the Superior Court," said Gov. Craig Benson in a statement issued after the confirmation vote. "His management style and belief in judicial restraint made him the most qualified candidate." On the same day, Judge Richard Galway, appointed to the Superior Court nine years ago, appeared before the councilors; answered several questions; and then listened as a parade of attorneys, judges and others addressed the merits of his nomination to the Supreme Court. The endorsers of the nomination praised Judge Galway’s integrity, fairness, work ethic, and, without exception, his sense of humor and ability to encourage consensus. Several of the attorneys were Galway’s frequent opponents from the plaintiff’s bar when Galway was one of the foremost workers’ compensation defense attorneys, including Rep. James L. Craig and Mark Abramson, both of Manchester. Among those singing his praises was his third-grade teacher Sister Mary Agnes, escorted to the State House by Superior Court Judge James Barry, another of her third-grade pupils. "He was good, smart and ambitious," she said. "I’ll turn that homework paper in," joked Judge Galway as he greeted her after she spoke. Several of the speakers had practiced with Galway at the Devine Millimet law firm, including former NH Governor Stephen Merrill (who elevated Galway to the Superior court), Ovide Lamontagne, and Joseph McDonough, who was on the hiring committee at the time Galway was hired as a young associate. McDonough said the significance of hiring an associate was that the attorney’s reputation would forever reflect on the firm. "Thirty-four years ago, I knew we made the right decision. I know that if you appoint him to the Supreme Court, you, too, will conclude that you made the right decision," said McDonough. Merrill told the councilors that he had always known Galway to be "conservative, hard-working and thoughtful." In making judicial appointments, Merrill said, "The toughest question you face is, ‘Can I guarantee that my ideology will be followed by the judge once he takes his hand off of that Bible?’ The answer is ‘No.’ But I can assure that Judge Galway has been entirely consistent to his own philosophy and always ruled with integrity." Judge Walter Murphy, his recently retired colleague, said Galway possessed "common sense in an uncommon amount." Other speakers included Sen. Robert B. Flanders, of Antrim, whose company had been a longtime client of Galway’s when he was in private practice; employees of the Nashua superior court where he most recently sat; Mary Anne Dempsey, a new lawyer with the Wiggin & Nourie firm who had clerked with the Superior Court a couple of years ago; and a New London resident who was thankful to Judge Galway for his ruling, later overturned, that had invalidated the statewide property tax. Also speaking on Galway’s behalf was Russell Hilliard, current NHBA president, who emphasized that he was speaking on his own and not as an officer of the Bar. Also endorsing Galway were several former NHBA presidents, including David Nixon and Paul McEachern. Two litigants who were unhappy with rulings by Galway spoke in opposition to his nomination. Substitute Justices Issue Schedule in CJ Succession Case A panel of retired judges substituting for recused justices of the Supreme Court has scheduled oral argument for Feb. 25 on the petition of the governor and Executive Council challenging the succession law governing the Supreme Court Chief Justice position. Hon. Robert Lynn was sworn in as chief justice of the NH Superior Court on Jan. 21 by Governor Craig Benson. Photo courtesy of The Union Leader.
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