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Bar News - November 3, 2000 President's Perspective: Bar Must Take a Leadership Role By: Gregory D. Robbins THE IMPEACHMENT ORDEAL is at last over. It was a patently painful process for all involved: Justices Horton and Broderick and their families; members of the legislature; the witnesses; the Supreme Court generally; and, of course, for Chief Justice Brock. We are happy for the chief justice and his family, who can now start to put this behind them. This has also been a difficult time for the bench and bar in general. Members of the legal community have not all seen eye to eye on this and many have felt anger, frustration and disappointment with either the court or the legislature - or both. The Bar Association itself has drawn both criticism and support for its positions in this crisis. Unfortunately, there will be no time for us to simply draw a deep breath and move on. The governor and legislature are proposing numerous changes to the judicial system. The Supreme Court itself has appointed an independent commission to make recommendations about the judicial conduct disciplinary process. In short, change - possibly major change - of our justice system is in the wind. As officers of the court and thereby members of the third branch of government, and as members of the profession that deals every day with those most directly affected by the judicial system - the litigants - the Bar must take a leadership role in this process. The New Hampshire Bar Association has already adopted a set of principles by which to measure change proposals: • The decisional independence of our judges must be maintained, and we oppose legislative initiatives which threaten that independence; • The principle of separation of powers is a bedrock of our system of government, and we oppose measures that can potentially upset that balance; • The Bar supports measures that enhance judicial accountability based on judicial demeanor, legal ability and work ethic. Within this framework, members of the Bar leadership are conducting research and plan to advance detailed proposals to advance these principles, and to support the adoption of certain measures. Examples include a constitutional amendment to establish a merit-based judicial selection process, and reform of the judicial disciplinary process. The Bar will also oppose certain measures, including bills of address against Justices Brock, Horton and Broderick based on the same alleged misconduct reviewed in the impeachment process. A basic sense of fairness and economic considerations alone warrant opposition. Beyond this, these bills of address are misguided: whether perceived as such or not, their effect is to challenge the independence of the judiciary, and will impede the court from getting back to doing its work for the people of this state. Falling between those measures we should support and those we must oppose are a number of proposals whose effects could be beneficial or destructive, depending on how they are structured. The Bar hopes to work with the legislative, executive and judicial branches to come up with the best possible improvements. The people of New Hampshire, who will be the ultimate winners or losers in this process, deserve nothing less. Gregory D. Robbins is the 2000-2001 President of the NH Bar Association. He practices with the Portsmouth law firm of Shaines & McEachern. |
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