The NH Senate has given preliminary approval to legislation (SB284) that would create full-time judicial positions in two of the state’s busiest district courts—Nashua, and Manchester.

Each court would be allotted a third full-time judge under the legislation, now slated for review by the Senate Finance Committee. According to the Administrative Office of the Courts, adding the judges will increase state expenditures by $74,917 in FY 2007 and $148,410 subsequently—the cost of the annual salaries is offset somewhat by a decrease in the use of per diem judges in those courts.

According to an article in the Nashua Telegraph, State Senator Joseph Foster, a Nashua attorney and chair of the Senate Judiciary Committee, has boosted the chances to meet this longstanding need for additional judges by financing it through a cost-saving measure.

An article in the Feb. 17 Telegraph relates:

“When Supreme Court Chief Justice John Broderick asked for  [Sen.]Foster’s help in stopping the court system from having to pay to mail hearing notices to parties in small-claims cases, Foster spotted his opening.

“Getting rid of the notices would save the court system $100,000, Broderick told the Senate Judiciary Committee, which Foster chairs.

“Instead, Foster convinced the state Senate on Thursday [Feb. 16] to have the party filing a lawsuit pick up the cost of first-class mail to notify both sides about an upcoming hearing. Broderick agreed to set aside the savings to help pay for the salaries and benefits of the judges.

“If both these bills become law this spring, the savings for the court would start in 60 days and the process to fill two new judges by Gov. (John) Lynch would take about the same time, Foster told the newspaper. Senate Majority Leader Robert Clegg, R-Hudson, and fellow Nashua senator David Gottesman, also an attorney, are supporting both bills.”

According to the Telegraph, part-time judges from other district courts throughout southern New Hampshire have been coming to Nashua to preside over cases several days a week. Last year, 27 different judges heard cases in Nashua, while 21 took up matters in Manchester.

“These judges come from miles away. They don’t know the local criminal element, they don’t know the local lawyers, they don’t know the local human services network,” Foster said.

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