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Bar News - February 7, 2003 News Digest Senate Approval of Judges Proposed The House Judiciary Committee is studying a proposed constitutional amendment that would give the Senate the power to confirm judges. Currently, the governor's five-member Executive Council reviews all judicial nominees and other gubernatorial appointments; it has done so since Colonial times. Supporters of the proposal believe it would benefit the public if 24 senators rather than five councilors were to decide on a potential judge's qualifications. The current system, they say, gives a small group of councilors too much power over judicial confirmations. Opponents say, however, that the current system does not need fixing, and point out that the proposed bill does not guarantee that a judicial nomination would come before the Senate for approval. Third Full-Time Judge Proposed for Manchester, Nashua The Senate Judiciary Committee recently heard testimony on a bill that would create a third full-time judge position in Nashua and Manchester District Courts. SB 11 would convert from part- to full-time two special justices who sit on cases in each of those district courts. Special Justices Jim Leary in Nashua and John Emery in Manchester would become full-time judges. The additional cost of the change would be $9,857 a year, due in large part to health insurance benefits. Part-time judges are paid $428 for every day they sit on cases. In testimony before the Judiciary Committee, Nashua District Court Supervisory Justice Philip Howorth said that in three months, his court had 15 judges brought in from all over the state to sit in on cases. The system would be better served by a consistent full-time judge rather than the "judge du jour" Howorth said his court now sees. Nashua and Manchester are the busiest courts in the state and, based on caseload, each has qualified to have a third full-time judge for several years, according to NH District Court Administrative Judge Edwin Kelly. In the past, however, the Legislature has rejected proposals to create a third full-time judgeship in those courts.
Kelly Ayotte Named Governor's Legal Counsel Associate Attorney General Kelly Ayotte, who had most recently served as head of the Homicide Division of the Attorney General's Office, has been named legal counsel and official spokesperson of the office of Gov. Craig Benson. Ayotte, of Hudson, had served in the AG's Office since 1998. Chief Justice Talks Budget in Keene NH Supreme Court Chief Justice David A. Brock recently bemoaned the state of the judicial branch budget and the poor condition of Cheshire County courts during a visit with the Keene Rotary Club Jan. 13. After touring courts in the Keene area, Brock said in particular he found Cheshire County Superior Court "cramped," with no room for spectators, and not as "dignified" as other courtrooms across the state. Brock was quoted in the Union Leader as saying, "I was impressed with the lack of courtroom space. It seems to me that Cheshire County deserves a more efficient and dignified courtroom setting than it has at present." Regarding the budget constraints on the judicial branch, Brock said that the court system has been flat-funded over the last five years, forcing the courts to hold off on filling vacant positions - 42 at present - and preventing necessary technology updates (several courts are still using DOS rather than Windows), among other belt-tightening measures. And in a Jan. 8 letter to Gov. Craig Benson, Brock accepted another year of level funding rather than the proposed 16.8 percent increase in spending proposed by the judicial branch. Brock has requested, however that the judicial branch budget be increased 5.5 percent, rather than Benson's proposed 3 percent. Brock said that a 5.5 percent increase would keep the courts operating at a "critical needs level," meaning there will once again be no funding for new positions, additional equipment or new program initiatives. Brock also proposed measures to bring in more revenue for the court system and mitigate the budget cuts, such as increasing motor vehicle fines to bring New Hampshire "in line with neighboring states," he wrote in the letter. State Back in Court Over Child Protection System Reforms Plaintiffs in the Eric L. class-action lawsuit that resulted in the state agreeing to major reform of its child protection system asked a federal court last month to enforce that settlement agreement signed in 1997. Attorneys representing abused and neglected children filed a motion in U.S. District Court - District of NH asking the court to order the state to comply with the settlement reached and make the reforms it agreed to 51/2 years ago. The attorneys cited substantial noncompliance by the state. A three-person Oversight Panel monitored compliance with the agreement and found that DCYF has failed to comply, particularly in areas that directly affect children and families. The Oversight Panel reported that DCYF has an "inadequate number of staff on all levels exacerbated by episodic layoffs, hiring freezes and huge staff turnover, especially of social workers." Plaintiff's attorneys also asked the court to extend the agreement, which would otherwise have expired on Jan. 31, until the court decides what further actions are required. Administrators in the Dept. of Health and Human Services say that DCYF has made progress, but that overwhelming caseloads and a lack of resources are hindering their efforts.
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