It was recently reported in the press that I indicated that the vacancies in the Superior Court occasioned by the appointments of Chief Justices Nadeau and Dalianis to the Supreme Court and the retirement of Justice Manias have caused a backlog in pending cases and that my request of the governor to fill the vacancies had been rejected.

The content of the article apparently took on a life of its own despite its inaccuracy. To set the record straight, I was interviewed by a member of the press who had been given to understand from a conversation she had with a third party that a significant backlog in the disposition of criminal cases in Rockingham County Superior Court has developed since the retirement of Justice Gray in November 1998. I assured her that simply was not the case. I did mention that the more recent appointments and retirement have left three vacancies in the court which, in combination with the various special assignments of Superior Court justices to hear Supreme Court cases, had an effect on Superior Court operations and the workload of the justices. If [the situation] were permitted to persist, I said, it would be likely to result in future backlog, particularly in those court locations most directly affected by the necessity of reducing available judge time. That information has since been communicated to the governor, who has been asked to consider filling the vacancies as soon as practicable.

It would be remiss of me to fail to acknowledge that the Superior Court, and the public that it serves, owes a great deal of gratitude to its justices, clerks and staff for their extraordinary efforts in addressing the situation. Special thanks are due to those retired justices of the court who have given so freely and unselfishly of their time to aid in the expeditious and efficient resolution of disputes before the court.

The existing vacancies may necessitate an additional reallocation by this office of available judicial resources among the 11 court locations. It is likely that court operations in Carroll and Sullivan counties will be most directly affected, resulting in no sitting justice being assigned in those locations for certain months of the year. (That is already the case in Coos County.) I have not yet taken that drastic step, but if the vacancies continue, I will have no choice but to do so to minimize the effect on the state as a whole.

Another item that I believe deserves mention is the drastic reduction in clerks' staff we have experienced since a further reduction in the court budget was mandated. Those vacancies, caused by a number of factors, are in the process of being filled, but in the meantime have caused unacceptable delays in the issuance of court processes in many court locations. That situation is being addressed, but given the current climate, I am not particularly optimistic about the future funding of the court system.

In the meantime, I respectfully ask the Bar and the public to continue to recognize and appreciate conditions as they are and be assured that we are doing the best we can under the circumstances to address them and will continue to do so.

Walter L. Murphy, Chief Justice

Superior Court of New Hampshire

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