Meeting in Representatives Hall at the State House, the NH Citizens Commission on the State Courts last month voted on a long list of recommendations to be incorporated into its final report. The Commission was formed by the NH Supreme Court a year ago to meet the goal of improving how the court system meets the needs of the public. The 105-member group, which includes lay members as well as judges and lawyers, was asked to provide a bold blueprint of ideas and concrete suggestions, without considering the cost.

After two public sessions, the Commission had completed its voting on the recommendations but at press time, only the results of the first voting session were posted at its Web site at www.nhcitcourts.org. (Commission co-chair Will Abbott said the recommendations from the second session of the Commission, which included some rewriting and consolidation of recommendations, will be posted in early April. The following is a summary of the first recommendations approved by the Commission at its March 13 meeting. (Several other key recommendations were held over to the second session for further consideration. The Commission’s final report, due in May, may combine or consolidate these individual recommendations developed by subcommittees.)

Recommendation #2 - Supreme Court should establish a Court Office of Dispute Resolution. The office should be responsible for overseeing the development, administration and monitoring of all court-annexed ADR programs. In addition, the Office should be responsible for establishing system wide standards of conduct for neutrals; developing criteria for training and qualifications of neutrals; and collaborating with other individuals and organizations, including governmental units, to increase access to dispute resolution services.

Recommendation #5 - Rapidly implement and maintain up-to-date technology and related equipment. This implementation should include a system-wide computer system within two years, and making better use of video/teleconferencing to reduce the need to travel to every court-mandated hearing. Also, improve the functionality of the court Web site to provide more information and access to court forms.

Recommendation #6 - Review the court staff compensation structure. The court system needs to assure that a well-trained and qualified staff is recruited or retained, and that adequate staff facilities are provided in which to work.

Recommendation #11 - Accelerate deployment and use by management of information technology, using a technology plan. Specifically, the Research Committee recommends that the court system:

-          accelerate the implementation of the Odyssey case management system;

-          adopt benchmark technologies, e.g., electronic filing and notification, digital voice recording, and electronic scheduling and adopt new practices and processes to impact the efficiency and effectiveness of the judiciary;

-          establish an advisory board on information technology to ensure best practices are utilized;

-          develop a technology plan to provide a framework for technology investment and the technical evolution of the courts.

Recommendation #12 – Make more information accessible to pro se litigants. Make available to pro se litigants critical information about court processes, the availability of alternative dispute resolution (ADR), and the impact of family conflict on children as early in the process of a family case as possible. This should include access to case managers by all pro se litigants, required attendance, early in the process, at Child Impact Seminars, and greater use of technology to provide information.

Recommendation #13 - The Family Division should actively and creatively research and experiment with all reasonable forms of alternative dispute resolution.

Recommendation #14 – Review the use and enhance oversight of guardians ad litem. The court system should review the use of guardians ad Litem in family cases in light of the statewide expansion of the Family Division and its increased use of alternative dispute resolution (ADR). It is further recommended that the training and supervision of guardians ad litem in family cases and the oversight of the quality and cost of these services be improved.

Recommendation # 17 – Meet or exceed requirements for compliance with accessibility standards for all courts. All state courts must meet or exceed the requirements for compliance with federal and state laws pertaining to accessibility.  All court facilities shall have provisions for:

-          Compliance with all applicable building codes for the removal of structural barriers that prevent or impede physical access;

-         Deploy effective, accessible methods of communication, such as NH Relay, Telecommunication Devices for the Deaf (TTY), Assistive Listening Devices (ALDs), Computer Assisted Real-time Translation services (CART), Video Relay Services (VRS), accessible (508-compliant) Web sites and alternative formats for all printed materials (large print, Braille, audio-tape and computer disk).

-          Provide translation services, oral or sign language interpreters to remove language barriers for non-English speaking citizens. Translate written materials.

-          Develop discrete funding sources for payment for communication access and for support of annual disability sensitivity training for court staff.

Recommendation #18 - Fund full staffing for traditional civil legal services. Because of the inability of many people to afford traditional legal services, many forgo the justice system, even when they face problems in their lives that could be addressed by the legal system. Some people who cannot afford to pay the cost of legal services represent themselves in court, and the rising number of pro se litigants has many negative effects. We should recognize that our current network of civil legal assistance is excellent, and in many ways a model in terms of the quality of representation and the level of cooperation among providers, but the system is overburdened.

Recommendation # 22 – Improve court scheduling. Streamline court scheduling and promote greater use of technology and communication access services for court conferences and hearings.  This would eliminate the “cattle call” of attorneys and litigants in many courts and reduce the amount of “down time” for litigants and attorneys, and the resulting associated costs.

Recommendation # 25 – Establish a standing committee to oversee and improve sentencing policies. The Court should establish a standing committee comprised of persons with influence and diverse expertise with the charge of developing, implementing and advocating for a just and cost-effective sentencing strategy for the state.

Recommendation #29 – Provide comparable conditions and opportunities for female and male prison inmates. The Court should work to insure that women who are incarcerated in New Hampshire are provided comparable conditions of confinement and equal educational, vocational, treatment and rehabilitative opportunities as men.

Recommendation #30 – Provide adequate space for sex offender treatment.  New Hampshire needs to provide adequate space in its sex offender treatment program so that offenders need not extend their incarceration merely to complete a requirement of their sentencing that cannot be provided during their term due to lack of capacity.

Recommendation #31 – Court must maintain constructive working relationships with executive and legislative branches. The courts should incorporate procedures and safeguards to promote transparency of operations and minimize risk to the court system’s reputation for decisional independence. Specifically, the court system should develop and adopt a written policy statement setting forth the objectives for conducting outreach activities with the other branches of government, outlining permissible subjects of such activities, what subjects will not be pursued through such activities, and establishing a process for selecting who will be authorized to conduct such activities on the System’s behalf. The policy statement should be made public.

Recommendation #32 – Voluntary participation by the court system in the governor’s budget process and public hearings. The Commission does not recommend changing RSA 9:4-a which outlines the current budget process, but believes that:

-          the court system would benefit from consulting with the Governor’s Budget Director to obtain the Governor’s advice and expertise in preparing its budget for submission to the legislature, and that

-          the court system should voluntarily participate in the Governor’s budget hearings to give the Governor, the legislature, and the public an additional opportunity to understand the Court’s budget.

Recommendation #33 – Greater involvement and adequate funding for NH Judicial Council to serve as a forum for issues involving the administration of justice in NH. Activities to improve the administration of justice should take full advantage of the statutory authority of the NH Judicial Council to serve as an institutional forum for on-going and disinterested consideration of issues affecting the administration of justice. The Judicial Council should act as a conduit for communication between the judicial, executive and legislative branches. Specifically:

-          the Judicial Council should consider the recommendations of the Citizens Commission on the Courts;

-          the Judicial Council should develop and adopt a policy statement setting forth objectives for the Council to achieve, including serving as a forum for individuals and groups to bring matters of concern forward, and to suggest ways to modify practices and procedures to serve the goals of the justice system

-          the General Court shall provide adequate funding to the Judicial Council to accomplish these objectives.

Recommendation #34 – Judges at all levels must actively participate in educating NH citizens on the importance of a vital and independent judiciary. The judges’ efforts should be cooperative and in concert with New Hampshire’s elected officials.

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