Bar News - December 16, 2005
Citizens Commission on Courts Sifts Input
By: Dan Wise
While there are areas of unfair or inconsistent treatment or sub-par customer service being identified, the 100-member Citizens Commission on the State Courts appears to face a task of improving upon a pretty good court system, its co-chairs say.
The Citizens Commission, appointed last spring by NH Supreme Court Chief Justice John T. Broderick, Jr., was charged with the ambitious timetable of researching and making recommendations in less than a year on strategic planning for the court system with the goal of improving how the courts of New Hampshire serve the public.
The co-chairs, Kathy Eneguess and Will Abbott, two executives with experience in business, nonprofits and education but not the legal system, presided over 11 public input sessions held this fall in every county in the state. The co-chairs, along with their fellow commissioners, have met frequently and have pored over several recent reports on the court system. The Commission also sponsored a poll, conducted by the UNH Survey Center, on public perceptions of and experience with the court system.
The public input sessions, held in public buildings with afternoon and evening sessions, were not well attended, with only about 100 people testifying at the 11 locations. Abbott said a number of the speakers expressed the view that the court system does not fairly treat non-custodial fathers in allocating time with their children. A number of other speakers had specific concerns about how a particular case was handled by the courts. “These people felt that they didn’t have a means of addressing what they felt was mistreatment by the courts.” But Abbott found the lack of greater attendance and attention to the sessions to be evidence in itself.
“I was surprised that –with the exception of those representing fathers or non-custodial parents—there has been very little organized advocacy,” said Abbott, adding that he interprets that to mean that those who have an interest in the court system are either largely satisfied with how it is working or feel that they already have adequate means for communicating their concerns.
The public, as evidenced by the UNH Survey, also did not show a high level of disquiet with the courts in New Hampshire, and those with recent experience in the courts tended to have a higher regard for the courts than those whose opinions were not based on first-hand experience. (See accompanying item.)
Eneguess said the public input sessions – at which a total of about 100 people testified—drew testimony from a number of individuals with concerns about the outcome in particular cases, but she believes the sessions also produced a “richness of data…that is pretty concrete.” She said she believes that greater emphasis on customer service and a more consistent approach to handling of pro se litigants will likely emerge from the commission’s deliberations.
Eneguess said a particular impression she has gained from the input sessions and from her reading is the heavy workload—both in quantity and diversity of matters—handled by the district courts.
By the beginning of the year, the Commission will move from a gathering input phase to focusing on developing recommendations with the goal of reporting to the Supreme Court by the end of May, Abbott said. To research the material that has been gathered, the Commission has split itself into eight groups each charged with considering specific issues. (See sidebar.) A steering committee, which meets monthly, will also look at making “big picture” recommendations, Eneguess said.
Eneguess stressed that even after the public hearings ended, the Commission continued to receive—and continues to encourage—feedback from individuals from inside and outside the justice system. “We are very interested in receiving further input from those in the system,” Eneguess said. “You [Bar News readers] live and work in the court system every day.” She said that several lawyers testified at the public input sessions and that others in the court system had written with suggestions.
Both Abbott and Eneguess praised their fellow commissioners for devoting time and energy to the task. Abbott said each of the commission’s meetings has been well attended, and that clearly the participants are coming well-prepared. “I sit in admiration of the group,” added Eneguess. “These are busy people and I’ve been very impressed with the level of knowledge and commitment from them all.”
Those interested in the work of the Citizens Commission should visit its Web site at http://www.nhcitcourts.org.
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