NEW HAMPSHIRE SUPREME Court Associate Justice John T. Broderick, Jr. is progressing quickly in his recovery from facial injuries suffered in a severe beating at his home early on March 30. Broderick’s doctors said he probably wouldn’t resume a regular schedule for at least three months.

While Justice Broderick is recovering, Chief Justice David A. Brock and Associate Justices Joseph P. Nadeau, Linda S. Dalianis and James E. Duggan will continue to screen new cases that come into the court, preside at oral argument and conference the cases. State law provides that three justices constitute a quorum of the court.

According to Supreme Court Clerk Eileen Fox, there are only five cases in which Broderick’s vote or participation is essential to the progress of a case argued but not decided by the court. In those cases – several of which are 3JX panel cases in which only three judges heard arguments – an additional judge may be asked to listen to tapes of the arguments and read the briefs, with the parties’ consent. If either party does not agree to a change in the composition of the panel, the case may be delayed until Broderick’s return, or it will have to be reargued. It is possible, court officials said, that Broderick may be able to gradually pick up parts of his work – writing opinions, hearing tapes of arguments and conferring with his court colleagues – before his official return.

Under the court’s current procedure, all of the judges are involved in the screening of cases, so the absence of one will not have a major impact on the court’s acceptance pace. The court has also made significant progress on the backlog of cases that were argued but not decided, thus diminishing the potential for cases to languish during Broderick’s recovery.

The court also has stated that there will be opinions issued during Justice Broderick’s absence from the court for cases in which he is listed as having participated in the decision. In those cases, his participation and vote in the case occurred prior to his injury.

Despite Broderick’s absence, the court has also committed to continue with its May 1 scheduled "On the Road" with families, feelings, professional accomplishments and their own personal problems, subjected to an onslaught of criticism, which most of us hope we will never have to endure under any circumstances. Maybe we forgot about this. Maybe I forgot about this.

At this summer’s Annual Meeting to be held in Portsmouth the weekend of July 20-22, I have the honor of presenting a number of President’s Awards on behalf of the entire Bar Association. I decided late last year that I would present the Justice William Grimes Award for Judicial Professionalism to all five members of our Supreme Court. I had told only Chief Justice Brock of my decision at the time. I told him that I felt the manner in which the entire Court had buckled down and gone to work following the unpleasantness of the impeachment ordeal – instituting its own structural improvements and enthusiastically working hard to not only erase the existing case backlog, but to also accept and decide more appeals – represented the very essence of judicial professionalism. The Court did not "give up" or bury its head in the sand, but rather fought to both reestablish its rightful judicial authority and leadership and to "go back to work" serving the citizens of this state. All five of the "people" on the Court have truly earned our respect, and will receive our Association’s highest judicial award at the June 21 Annual Meeting Banquet at the Portsmouth Sheraton.

It is my personal hope that John Broderick’s health will allow him to attend the dinner that evening and take part in the ceremony recognizing him and his fellow justices. Obviously, this will depend on the speed of his recovery, and whether he feels physically up to attending when late June arrives. In the meantime, I know I can speak on behalf of the entire Association in wishing our friend and colleague John Broderick a speedy and full recovery. John, the Bar Association that you have served so well and so faithfully over the years is here for you, your wife, Patty, and your family in this time of need. While we have deep professional respect for your office and your position as a justice of our Supreme Court, it is you, John, the "person beneath the robe," to whom we offer our support and prayers. Take care of yourself, get well soon, and we all look forward to having you back on the bench and among your fellow members of the bar.

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