THE JUSTICES OF the NH Supreme Court reminded students of the openness of court proceedings and stressed the importance of the independence of our state's judiciary during a question-and-answer period with high school students that was part of the court's "on the road" special session at Dover High School Oct. 2.

The Supreme Court continued its on the road outreach effort aimed at educating the public about our state's justice system by holding the special session in Dover. The court heard oral arguments in two cases and answered questions from nearly 500 students from over a dozen high schools during the session.

Chief Justice David A. Brock and Associate Justices Joseph P. Nadeau, Linda S. Dalianis and James E. Duggan heard oral arguments in State of NH v. Jeffrey Grey, a case involving implied consent and Miranda rights, and Petition of WMUR Channel 9 & a., which asked for cameras and electronic recording devices to be allowed in the courts. (See article on page 23.) Although in attendance at the special session, Associate Justice John T. Broderick, Jr., was recused from both cases.

Following the oral arguments, students had an opportunity to question both the attorneys arguing the cases and later the Supreme Court justices. When asked how they felt to be participating in the Court on the Road session, Broderick said that the justices consider such public outreach efforts an important part of educating the public about the justice system. "It's very important for the court's work to be understood by young people," he said. "To many, the court seems to be shrouded in mystery, but it's not. Our proceedings are open. This is your process, your court system."

Another student asked what the most challenging part of the justices' job is, to which Chief Justice Brock responded, "Preserving the constitutional independence of the judicial branch."

"This requires us to be involved in public outreach programs such as this and to avail ourselves of every opportunity that we can find time for to help people develop a better understanding of the importance of a constitutionally independent judicial branch," Brock said

Broderick added that New Hampshire is one of only a handful of states that appoints rather than elects its Supreme Court justices. This process, Broderick said, serves to keep politics out of the court as much as possible, thus helping to ensure that the court's decisions are not influenced by political agendas.

"We are apolitical," said Justice Duggan. "Our political views don't enter into it at all."

Broderick said that he finds the biggest challenge of being a Supreme Court justice is keeping in mind that each case is not just a docket number, but that it impacts the lives of the litigants. "These cases have faces. They are real people with real problems," said Broderick.

The most important role of the job, Broderick said, is interpreting the state Constitution. "It's older than the United States Constitution. It's a sacred document," he said. "The responsibility and privilege of interpreting it for [the people of] this state is a very big responsibility. I feel oftentimes humbled by the job that I love: breathing life into that document."

Following the special session, Shaylyn Dean, a Dover High School student, said that she thought the event was "a good learning experience."

"I've seen what goes on in the lower courts, but the Supreme Court is a lot different. I learned more about the way the court works," Dean said.

Philips Exeter students Emily Fincke and Magalie Arcure also found the experience quite educational. "It was neat to see the oral arguments, how the judges and lawyers interact," said Fincke. It was especially insightful for someone who's considering a career in the law, she added.

"It was really informative," agreed Arcure. "It's a great way to get people involved in our judicial system. I definitely learned a lot."

Prior to the special session at Dover High, volunteer NH Bar members visited each of the participating schools to brief students on the legal issues in the two cases and about court procedure. (See sidebar.) Each student received background materials on the cases and information relating to the Supreme Court.

The special session was moderated by Strafford County Superior Court Supervisory Justice Bruce E. Mohl.

The Supreme Court's on the road public outreach effort began in May, when the court held a special session at St. Anselm College in Manchester. That special session marked the first time the modern court had held oral arguments outside its courtroom in Concord. Plans are currently in the works to hold another session at Dartmouth College in April.

"Bringing the Supreme Court into our communities, especially reaching out to our schools, is one of the most important things we can do to enhance public understanding of the judicial system," said Brock.

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