IN CONJUNCTION WITH our reporting on the Judicial Selection Commission (see page 26), Bar News asked the major party candidates for governor whether they would support the continuation of the Judicial Selection Commission process created by Gov. Shaheen. Under that process, the commission confidentially screens and interviews judicial candidates and provides a list of recommended nominees to the governor, who agrees to choose a nominee from that list, or if no candidate is acceptable, asks the commission to repeat the process for that judicial position. The governor selects all of the members of the JSC.

All of the candidates (or their spokespersons) were contacted via phone and e-mail; answers are listed in the order in which they were received. The Gordon Humphrey campaign provided a general answer, but did not specifically respond to the questions of the survey.

Question 1: Do you intend to keep the Judicial Selection Commission process of selecting nominees for confirmation by the Executive Council? Why or why not?

Beverly Hollingworth: The Constitution places the authority to nominate and appoint judges with the governor and the Executive Council. This is where it belongs. The process could be enhanced by a judicial selection panel with narrow and precise terms of reference to screen and assess the character and fitness of candidates.

The panel would present a list of qualified candidates to the governor, but the governor should not be required to pick a nominee from this list. If the governor nominates an individual who has not been qualified by the panel, that nominee should also be screened and assessed by the panel.

Mark Fernald: As governor, I would retain the Judicial Selection Commission. Too often in the past, governors have nominated judges based on political considerations rather than merit. As one observer observed, judgeships should not be swapped for bridges during negotiations between the governor and the Executive Council. The judicial selection process instituted by Gov. Shaheen has been a huge advance in the selection of judges.

Last year, I introduced CACR16 (Constitutional Amendment Concurrent Resolution) in the Senate, which would have made the Judicial Selection Commission a permanent part of the Constitution, rather than an executive order that can be revoked at any time. CACR16 passed the Senate overwhelmingly, but was killed in the House.

Craig Benson: Yes. I feel the Judicial Selection Commission is an important new step in selecting judges for New Hampshire. However, this does not relieve the governor and Executive Council from their constitutional duty to carefully review and question potential judges. In addition, I believe we need some new system of periodic review of judges.

Bruce Keough: No. I do not intend to govern through commissions. The governor is elected to take responsibility and show leadership - not pass off his duties to commissions.

Gordon Humphrey: I will gratefully and willingly evaluate whatever recommendations come to me from such a commission.

Question 2: In general, what do you think is the best process for selecting state judges?

Hollingworth: Because the success of a judicial selection panel will depend upon the quality of its members, the appointments should be divided between the governor, the speaker of the House, the president of the Senate and the chief justice. The panel must include a specific number of lay members, members of the Bar, and members of professional and trade associations.

Fernald: I support a constitutional amendment to make the Judicial Selection Commission permanent. Although this would reduce the powers of the office I am currently seeking by limiting the governor's power to nominate those selected by the commission, I believe merit, rather than politics, should be the guiding principle in judicial selection. I propose that no members of the commission be elected officials, to keep their deliberations as far removed from partisan politics as possible.

Benson: Any consideration of judicial nominees should include a thorough review of their legal records, as members of the Bar and on the bench. It should also include public input before the Executive Council, and a chance for nominees to address the questions and concerns of the Council. Given the important responsibilities given to our judges, their selection should be subject to careful scrutiny and public debate.

Keough: The ideal process is appointment by the governor with confirmation by the Executive Council with a reappointment process every seven years. I don't support electing judges, but I do feel there should be an opportunity for review.

Humphrey: Did not respond.

Question 3. What factors are most important in selecting judges?

Hollingworth: The most important factors in selecting judges are: integrity; judicial temperament; legal knowledge; legal ability; professional experience, including trial experi ence; and diligence.

Fernald: Integrity, legal knowledge and ability, judicial temperament, impartiality, commitment to justice, experience, diligence, administrative and communicative skills, and public service.

Benson: Any nominee to the New Hampshire bench should demonstrate strong character, solid legal reasoning, and a conservative approach to interpreting New Hampshire law. The judiciary is a coequal branch of government and judges should observe the traditional, constitutional duties given to the judiciary. We should not nominate judges who will use the bench to influence the will of New Hampshire's elected representatives.

Keough: A good candidate for appointment will have an even temperament and a commitment to strict and impartial interpretation of the law. Whether a law is good or bad public policy or has unintended consequences is a matter for legislative and not judicial examination.

Humphrey: Did not respond.

Judicial Selection Commission Members

Home | About the Bar | For Members | For the Public | Legal Links | Publications | Online Store
Lawyer Referral Service | Law-Related Education | NHBA•CLE | NHBA Insurance Agency | NHMCLE
Search | Calendar

New Hampshire Bar Association
2 Pillsbury Street, Suite 300, Concord NH 03301
phone: (603) 224-6942 fax: (603) 224-2910
email: NHBAinfo@nhbar.org
© NH Bar Association Disclaimer