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Bar News - November 18, 2005


Judge John Coughlin Details Time in Iraq

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Appearing in front of a judge can be intimidating enough, but forgetting your reading glasses and not being able to read the charges against you could be overwhelming.  Not so in the Honorable Judge John Coughlin’s court in Derry:  “The defendant clearly couldn’t read the charges, or participate fully in his right to due process, so I handed him my own glasses,” recalls Coughlin, who took office as Derry District Justice last spring.

 

“I wanted this person to be fully aware of all his rights, even if he didn’t understand the importance of the matter,” said Coughlin.  Coughlin, having served his country in Iraq as a Judge Advocate General in the National Guard from January of 2004 to February of 2005, saw first hand a country’s struggle to assert its citizens’ rights as human beings.  “People are dying for the basic right to live free [in Iraq].  I want to give those appearing before me every opportunity to understand their constitutional rights,” he said. 

 

Coughlin, currently presiding over the Derry District Courthouse, joined the Army National Guard in 1999.  “At 46 years old, joining the Guard may have seemed odd to some, but to me it was an opportunity,” he said.  The military lifestyle was not foreign to Coughlin; he served as a JAG in the Marines from 1980-1983.

 

When he received the call to duty, Coughlin was employed as the Hillsborough County Attorney.  “When I heard from my commanding officer that I was on alert, I had concerns for the employees in my office and what would happen to them,” he said.   Once the news had sunk in that he was heading off to Iraq, and his office and home affairs were in order, Coughlin said the concern was replaced with excitement, “I was able to enjoy the process,” he said.  Not wanting to leave his office in an awkward situation, upon his deployment Coughlin resigned from his duties.

 

As the Command Judge Advocate for the 197th Field Artillery Brigade Major Coughlin worked with other NH Bar members Major Shane Stewart and Colonel Gary Lambert.  Coughlin was involved in the judicial aspect of the  much-publicized Abu Ghraib scandal.  “The bad things are over-publicized and the good things we did, like how our unit financed two new schools, hardly made print,” Coughlin said.  Other success stories often went unnoticed, too, Coughlin said.  For instance, Coughlin’s Brigade Surgeon, Dr. Zahn, made it possible for an Iraqi girl with health problems to receive treatment.

 

While in Iraq, Coughlin, with Lambert, was a legal advisor and recorder for the Detention Review Board.  “It was a pleasure to work with Colonel Lambert: he is a great leader,” said Coughlin.  His duties also required him to participate in probable cause hearings and Article 32 proceedings  (investigation of charges and specifications of a military member before he/she may be referred to a general court-martial).   As with other members of the NH Bar that were deployed, seven-day workweeks and little escape from the military atmosphere were burdensome.  “It was the ultimate Groundhog Day,” said Coughlin, referring to the movie in which every day repeats the day before.

 

In November of 2004 Coughlin received an e-mail from then Gov. Benson informing him of his nomination as the Derry District Court Judge.  Mortar attacks closed the airport in Kuwait, and Coughlin came very close to not making it home to prepare for the public nomination hearing.

 

Coughlin spent much of his leave-time trying to soak up as much American culture as he could.  What better way to do that than sitting at a mall watching teenagers mill around.  “On my daughter’s birthday I people-watched at the mall; everything was so normal, it seemed surreal,” said Coughlin. 

 

The hardest part of going back to Iraq after a three-week leave was, “going back,” said Coughlin.  While home he was able to take in a Monarchs game and take advantage of the simple things America offers up so freely—like a cup of coffee and a hot bath. 

 

Coughlin’s wife of 30 years, Pamela and four children—ages 21, 18, 14 and 12—all chipped in to help out while he was gone.  “They stopped watching the news after awhile and just waited for my e-mails and calls for updates,” he said.  Upon Coughlin’s return, William, Coughlin’s 6th grade son, disposed of the usual show-and-tell items and presented his father to his class.  “They asked the usual stuff, about weapons mostly,” said Coughlin. 

 

Arriving home on a DC10, one month earlier than expected, Coughlin had time to reflect on how strange it seemed to see so many armed people on a plane.  Once home, Coughlin was able to resume a favorite pastime—fishing.  “I fish for the relaxation—not the end result,” he said. 

 

Though still working with the 197th, Coughlin has settled back into his daily routine.  He attributes his easy adjustment to his co-workers at the Derry District Court. “The personnel here were instrumental to my successful transition as the Justice of the Derry District Court,” he said.  Furthermore, Coughlin praises the former and now retired Justice, Judge Lawrence Warhall for his smooth transition into the position as well.  “I look forward to going to the Court each day due, in large part, to the wonderful staff,” said Coughlin.

 

One difficult aspect of being back in the states, said Coughlin, is the media’s “morbid reporting of the Iraq death toll as a milestone.”  “I continue to intentionally and with great difficulty avoid the death reports of the war. I do this probably, like many of us who were there, because the thoughts and memories of how painful these deaths have been to families, friends and neighbors here at home,” he said.

 

Catherine Courtemarche is a freelance writer from Bennington. 

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