By Tom Jarvis
Bryan K. Gould, a longtime Concord litigator and shareholder at Cleveland, Waters & Bass, PA, was sworn in on September 18 as an associate justice of the New Hampshire Supreme Court, becoming the 112th justice to serve on the state’s highest bench.
Justice Gould was nominated by Governor Kelly Ayotte and confirmed by the Executive Council on a 4–1 vote. The confirmation fills the seat vacated by retired Justice James Bassett.
“Congratulations to Bryan Gould on his confirmation by the Executive Council today,” Governor Ayotte said in a statement following the vote. “I know his exceptional qualifications will make him an excellent Supreme Court Justice, and all of New Hampshire will be better off with someone of such exceptional integrity and character on the bench. I was proud to nominate Bryan and am confident he will uphold our Constitution and the rule of law every day he serves on the Court.”
A Career Spanning Four Decades
Justice Gould brings 35 years of experience in New Hampshire law, with a practice that has included commercial and appellate litigation, constitutional law, municipal law, election law, land use disputes, and environmental cases.
He earned his undergraduate degree from Utah State University in 1980 and his law degree from the University of Utah College of Law in 1984.
“I didn’t have any family members who had practiced law,” he says. “But I took a constitutional law class in undergrad and found that way of thinking very appealing.”
After six years of practice in Nevada, he moved to the Granite State in 1990, joining the Concord law firm that later became Brown, Olson & Gould before moving to Cleveland, Waters & Bass in 2012.
He says what has kept him engaged in the profession over the decades is its variety and its purpose.
“Each time you have a case, you’re learning something different,” says Justice Gould. “I find that very interesting. I also enjoy using what I’ve learned to help people and help businesses achieve their goals.”
Experience in Public Service
In addition to his private practice, Justice Gould has served in state government, including as Special Counsel to Governor Craig Benson and as Special Counsel to the Executive Council on several occasions. Among his most memorable cases, he says, was a constitutional challenge involving the separation of powers.
“I represented Governor Benson and the Executive Council in connection with a statute that would have changed the way the Chief Justice of the Supreme Court is selected – from nomination and appointment to a rotating chief justiceship among the sitting justices,” he recalls. “On behalf of the Governor and Council, we challenged that as a violation of the separation of powers. We got a 5–0 decision holding that it was unconstitutional.”
Justice Gould continues: “Lawyers live for cases like that – fascinating cases that require a lot of historical research into how the constitutional provisions evolved. Those kinds of cases where you have to study the Constitution and the origins of its provisions go well beyond a civics understanding – they deepen your appreciation for the genius behind our constitutional structure and how important it is to preserve that.”
Those experiences, he says, deepened his respect for constitutional limits and the separation of powers.
“It’s crucial for the powers of the three branches to remain separate,” he says. “Each branch should vigorously protect those rights from intrusion by the others.”
Commitment to the Profession
Justice Gould’s long-standing involvement in Bar service also helped shape his perspective. He served for five years on the New Hampshire Bar Association’s Ethics Committee and more than 30 years on its Dispute Resolution Committee.
“Interacting with those lawyers while working on the Ethics Committee gave me a much deeper understanding of the ethical rules,” he says. “Hearing them describe, from their own experience, the purpose of those rules was very enlightening.”
He notes that his time on the Dispute Resolution Committee – which assists in mediating conflicts between attorneys and clients – was equally valuable.
“Getting both sides to the point where they can agree is one of the more important things lawyers can do,” he says. “Most of the time it works – it’s a very effective way of resolving disputes.”
From Advocate to Justice
Although Justice Gould had long considered judicial service, the opportunity came unexpectedly.
“I’ve always been interested in it, but for years it was not something I actively pursued,” he says. “I was actually serving on the Governor’s Judicial Selection Commission when she contacted me and said she’d like me to consider applying. After discussing it with my family, we decided to give it a try.”
The shift from private practice to the Supreme Court has brought a steep learning curve, but Justice Gould credits his fellow justices for making the process smoother through their support and collaboration.
“It’s a significant transition,” he says. “It’s not the kind of job someone can really teach you – you have to do it. The justices here have been terrific at helping me. The good working relationship among the judges makes it a lot easier.”
Judicial Philosophy
Justice Gould describes himself as a textualist who focuses on the original meaning of laws and constitutional provisions.
“What I’m interested in is the intent of the framers and the constitutional conventions that adopted the language,” he says. “I have a strong conviction that if you depart from that as a judge, you’re no longer upholding the will of the people. Under the law, we look principally at the language of the statute. The objective is to know what the original intent was and what the text means.”
Beyond questions of interpretation, Justice Gould emphasizes the importance of impartiality and maintaining objectivity on the bench.
“When you practice law as long as I have, you learn to set aside your own personal views,” he says. “If you can’t, then you can’t be effective. When opposing counsel is getting all bent out of shape about something, that’s really being self-indulgent. The role of the lawyer is to represent the client and not to give in to personal feelings or emotions. As a judge, if the Legislature has made a decision about something and I disagree with it on policy grounds, that’s irrelevant to my job. My job is to uphold the will of the people as expressed through the Legislature.”
If a matter overlaps closely with his prior work, he says, the appropriate course is clear: “If [cases] are closely enough related, then I would recuse myself. That’s the principal safeguard.”
Consensus and Collegiality
Justice Gould speaks highly of the collaborative nature of the New Hampshire Supreme Court, contrasting it with other appellate bodies.
“The Court really does try to achieve consensus in its decisions, more than other appellate courts,” he says. “In my experience, you don’t see many dissents here. You don’t even see many concurring opinions. Institutionally, what the Court strives to do is reach consensus on what the controlling law may be. There have been disagreements, but they’re handled civilly. That’s the culture of the New Hampshire Supreme Court.”
He adds that the camaraderie among his colleagues has exceeded his expectations.
“The justices are all working in tandem – it doesn’t mean we always agree, but even when we disagree, it’s done in a very civil way,” he says. “It doesn’t become personal at all, and that’s a good thing for the state of New Hampshire.”
A Humbling Responsibility
Justice Gould says the weight of the appointment struck him most during the confirmation process.
“They say this kind of thing makes you humble – they’re right,” he says. “When you think about how much trust is being reposed in you by the governor, the Executive Council, and the Judicial Selection Commission, the responsibility begins to weigh on you.”
As he looks ahead to his time on the bench, Justice Gould says his goal is simple but foundational.
“If I can leave the Court confident that I’ve been able to set aside my personal beliefs and upheld the law, applying it consistently with the original intent of the people who drafted it, I’ll be very content,” he says.