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Bar News - September 7, 2001


Zachos, McDonough Named To Independent JCC

A NEW 11-member commission, created by legislation during the last session, is now being formed to review conduct complaints made against judges.

The New Hampshire Bar Association has appointed Joseph M. McDonough III and Kimon S. Zachos to the new Judicial Conduct Commission. Governor Jeanne Shaheen has named two non-lawyers, Margaret Lynch, of Keene – a former state legislator – and John Grimes, of Dover, to the panel. As the first appointee by the governor under the statute, Lynch will be arranging the organizational meeting of the commission, which is to begin operation by Jan. 1, 2002.

The statute governing the commission, RSA 494-A:4 (II), authorizes the Bar Association to appoint two individuals to the commission. One of the Bar’s appointees must be approved by the governor and one is to be approved by the president of the Senate and the speaker of the House.

In letters dated August 9, NHBA President Peter Hutchins submitted the name of McDonough, a retired attorney, to Gov. Shaheen and Zachos’ name to Senate President Arthur Klemm and House Speaker Gene G. Chandler.

McDonough has been a member of the NH Supreme Court’s Judicial Conduct Committee since 1997. The court-appointed committee continues to operate, according to court officials. McDonough’s experience on the existing committee will be useful in the transition to the new JCC, Hutchins said.

McDonough, an attorney and partner at Devine, Millimet & Branch until his retirement last year, was primarily a litigator. He has a long record of service to the state’s justice system, including a term as vice chair of the NH Judicial Council and as a volunteer mediator in the Rule 170 Alternative Dispute Resolution program operated by the NH Superior Court. McDonough continues to serve as a private mediator/arbitrator.

Zachos, a member and director of the Manchester law firm Sheehan Phinney Bass + Green, has concentrated his practice in corporate law and is well known for his leadership roles in many business and community activities. Currently president of the board of the Currier Gallery of Art, he has chaired or served on many corporate and community boards. Last year, the NH Business & Industry Association honored Zachos with a Lifetime Achievement Award. Zachos also served three terms in the NH House of Representatives from 1969-1974, where he chaired the Judiciary Committee and served as majority leader and deputy speaker.

"We are extremely pleased that these two individuals, both esteemed, senior members of the Bar, have agreed to perform this service for the state," said Hutchins. "It was fortunate that we were able to find lawyers with both the experience and the time to devote to the challenges of starting up a new process."

The Supreme Court can make three appointments, each representing a level of the state’s courts. The Senate president and the House speaker both have two appointees each; the legislative and executive branch representatives may not be attorneys, judges or elected officials.

The Supreme Court, in a letter to members of the judiciary, has solicited volunteers to serve as its representatives. At press time, legislative leaders had not yet identified their selections for appointment to the commission.

The new JCC, which will be administered independently of the Supreme Court, was created by the passage of SB 197 and is similar in concept to the autonomous Judicial Conduct Commission recommended by a court-appointed task force chaired by attorney Jack Sanders and Father Jonathan DeFelice, of St. Anselm’s College. The Legislature has authorized a $375,000 appropriation to fund the new entity.

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