In the article, Rep. Jacobson states flatly that “The Bar is strongly opposed to any court reform initiated by the Legislature.” This assertion is untrue. The Bar’s past positions and current statements do not bear this out. The Bar Association favors thoughtful, appropriate and constitutional measures designed to improve the judicial system in New Hampshire and enhance access to the system by members of the public. The Association does oppose measures that would undermine the independence of judges to decide cases without fear of political consequences. We do believe that the judicial branch is a co-equal branch of government and we continue to oppose any measures that would erode the constitutional separation of powers. However, the Bar stands ready and willing to work with the legislature and the governor to undertake steps to improve our legal system. The legislature and the Bar Association share the responsibility and desire to ensure that the judicial branch and all branches and agencies of state government function most effectively for the benefit of our citizens.

One example of the Bar Association’s support for judicial improvement concerns Governor Shaheen’s recent executive order creating a commission to review applications from judicial candidates and make merit-based recommendations for judicial appointments. We applaud this step, and have supported this initiative as a means to improve the judicial selection process by mini mizing the politics of judicial selection, permitting a focus on the experience, qualifications and character of a broader variety of potential judicial candidates.

The Bar has also signaled its openness to consider judicial accountability measures that use identifiable criteria related to judicial performance. As NHBA President Gregory D. Robbins has said, “Judicial accountability is a valid goal, and if such a review is based upon legitimate criteria such as courtroom demeanor, work ethic and ability rather than politics,” the Bar will be supportive of these efforts.

It is also worth noting that the Bar has played a positive role in efforts by the legislature to develop a public protection fund for clients, and its leaders worked long and hard to help design it. This fund, paid for by members of the Bar Association, now serves to provide the public with protections against the very rare instances of defalcations and theft.

Rep. Jacobson’s suggestion that members of the Bar, together with the courts, incorporate a system of “secrecy and protection” is simply not true. No other profession in this state has a disciplinary process more open to public participation and inspection. Our Professional Conduct Committee, which has worked very well in its current form, is comprised of both attorney and public members. Hearings are open to the public, as are docketed complaints and responses. In fact, the disciplinary system for attorneys in New Hampshire is now one of the most open systems in the nation. Further, even a cursory review of the Supreme Court’s opinions in recent years in the area of attorney discipline will reveal that the Court has not erected a wall of protection to members of the Bar. In fact, attorney discipline has been consistent and, at times, quite harsh.

Further, the legal profession is dedicated to educating and providing guidance to its members on issues of ethics. All attorneys in this state are required to attend seminars on both substantive law and ethics on a yearly basis. The Bar Association has a permanent committee that regularly issues Ethics Opinions on questions submitted by bar members. We consider our emphasis on ethics and our unswerving dedication to enforcing our ethical code as proud traditions of our profession.

Finally, I cannot think of another profession in this state which devotes more time and money to providing free and reduced rate professional services to our state’s poorer citizens. Through our Pro Bono Referral System, volunteer lawyers annually provide nearly 1,000 low-income New Hampshire families with legal help on matters involving critical life needs. In fact, our code of ethics mandates that our members individually provide pro bono service to the public. The Bar has been at the forefront of the efforts to protect the victims of domestic violence and abuse. The Bar also maintains an ongoing educational program to advance the teaching of law and government in schools statewide.

It has been a unified bar which has achieved these ends. Only through unification of our members in the New Hampshire Bar Association is it possible to organize and operate these important public-service programs.

While improvement is always welcome, we must exercise wisdom, caution and perspective to ensure “improvement” is the actual result of our efforts. All of us, including lawyers and lawmakers, owe nothing less to our fellow citizens. The people of New Hampshire can rest assured that the New Hampshire Bar Association will support positive steps to improve our system of justice while at the same time preserving the necessary independence of the judicial branch of government.

Peter E. Hutchins, NHBA president-elect, practices with the Manchester law firm of Hall, Hess, Stewart, Murphy & Brown, PA.

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