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Bar News - October 20, 2000 Chair of Judicial Selection Commission Answers Questions THE STATE’S NEWLY created Judicial Selection Commission has completed its first assignment from Governor Jeanne Shaheen, the selection of a Chief Justice of the New Hampshire Superior Court. At the end of August, the commission recommended Judge Walter Murphy for this position. The commission’s next request from the governor is to address the following five District Court vacancies: Berlin District Court Special Justice; Gorham District Court Justice; Hooksett District Court Special Justice; Manchester District Court Special Justice; and Rochester District Court Justice. The deadline for applications for these judgeships closed on Sept. 7, 2000, and the commission expects to make its recommendations to the governor for these positions within the next several weeks. Kate Hanna, Chair of the Judicial Selection Commission, responds below to frequently asked questions about the commission: Q. Who serves on the commission? A. The commission is composed of 11 members from across the state, including seven lawyers and four laypeople. The lawyers include sole practitioners and members of small and large firms. In addition to representing the plaintiffs’ and defendants’ bar, they include a former prosecutor and criminal defense attorney and two former presidents of the NH Bar. The laypeople include a chief of police, a victims’ advocate, the executive director of CASA and the CEO of a construction company. Set forth below is a list of the commission members. Q. How does one apply for a judgeship? A. The commission publishes notice of judicial vacancies in Bar News and other media, together with the applicable deadline for filing of an Application/Questionnaire with the JSC. The Application/Questionnaire may be obtained by calling the Governor’s Office at 271-2121 or by writing the JSC at P.O. Box 1198, Concord, NH, 03302-1198. Applications/Questionnaires must be postmarked by the deadline and may not be faxed. Q. Does the JSC simply act as a screening committee or does it actively seek out judicial candidates? A. The governor’s charge to the JSC is to actively seek the best judicial talent in the state. To that end, the commission reaches out to many different groups in the state (state and county bar associations, judges, clerks, police chiefs, victims’ advocates and others) for assistance in encouraging highly qualified candidates to apply for judgeships. In the event that the commission does not receive an Application/Questionnaire from a highly recommended candidate, the commission may send a letter to that person, asking the person to consider applying for this type of public service. Q. Does a person who receives such a letter from the commission have a “leg up” on the process? A. No. Letters from the commission are sent to those people who have been recommended by third parties and are intended only to provoke those who might not otherwise have considered applying for a judgeship to give thought to this type of public service. Many excellent candidates independently decide to seek judgeships, file early for these positions, and therefore would not necessarily receive such a letter from the commission. All applications are treated in the same manner by the commission. Q. Does the commission encourage suggestions and comments from members of the bar and public regarding potential judicial candidates? A. Definitely. If you know of someone who is particularly well suited for a judgeship, you should not hesitate to write or call the commission members. Letters are preferred because they can be circulated among all commission members. Q. How does the commission process the Application/Questionnaires? A. The commission diligently investigates the qualifications of the judicial applicants by contacting the references provided by the applicant; inquiring of judges who have presided over cases tried by the applicant, or if the applicant is himself or herself a judge, inquiring of lawyers who have appeared before the applicant; and speaking with colleagues, opposing counsel, etc. Such conversations are strictly confidential, as are all proceedings of the commission. All persons contacted by commission members are required to commit to these confidentiality requirements. Q. Which applicants receive interviews by the commission? A. After the commission completes its diligence on the candidates, it votes to interview the most highly qualified candidates for that particular judgeship. The fact that a candidate is not selected for an interview does not in any way adversely reflect on the competence of the applicant; the commission has received dozens of applications for judgeships and each judgeship calls for peculiar expertise and needs. Q. How many names for each vacancy will be forwarded by the commission to the governor? A. The commission’s charge is to send the governor “the names of the most qualified persons for each vacancy.” The governor’s Executive Order sets forth no prescribed number of names to be submitted by the commission. Q. Is the commission accepting applications for judge ships that may not have been advertised as yet, such as the Superior Court vacancies? A. Not yet. The commission receives its assignments from the governor, who has not yet requested that the commission address the Superior Court vacancies. We do not know when the governor will ask us to address these vacancies. The Application/Questionnaire for such judgeships will be very similar to the Application/Questionnaire for the District Court judgeships and will soon be available for distribution by the Governor’s Office and the commission. All new judicial vacancies (and the application deadline therefore) will be advertised in Bar News. Anyone with questions about the procedures or purposes of the commission should feel free to contact its chair, Kate Hanna, at Sheehan Phinney Bass + Green, P.O. Box 3701, Manchester, NH 03105-3701. Phone: 627-8106. Members of the Judicial Selection Commission are: Kenneth C. Brown, Manchester; John V. Dwyer, Jr., Nashua; Fred W. Hall, Jr., Rochester; Katherine M Hanna, Manchester; Kathy Keller, Laconia; Marilyn Billings McNamara, Lebanon; Diane M. Nicolosi, Concord; Marcia Sink, Manchester; William Walker, Keene; Phillip R. Waystack, Jr., Colebrook; and William Wrenn, Hampton. |
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