Court Nixes Reimbursement of Justices' Legal Fees

Merrimack County Superior Court Judge Edward Fitzgerald dismissed the action brought against the state by Supreme Court Chief Justice David Brock, Associate Justice John Broderick and retired Justice Sherman Horton. The three had sought to recoup the more than 1.5 million dollars they spent countering allegations they engaged in inappropriate conduct while serving on the state?s highest court. Justice Horton, who says he paid off his personal own legal bills some time ago, said the ruling has grave implications for all who sit on the state bench.
It?s sort of water under the bridge for me, but it?s pretty important for the Chief and it?s pretty important for John, based on what he had to spend?..And it?s even more important for judges in the future, who are now knowing that their life savings are in jeopardy if they do something that the legislature doesn?t like.

Horton, Brock and Broderick had argued their impeachment related legal tabs should be picked up by the state under a statute that grants legal representation to state employees sued while acting within the official scope of their duty. The justices cited several precedents to buttress their claims but Fitzgerald says the statute does not apply to impeachments because they are the province of the legislature and not the courts. Henry Mock, Chairman of the House Judiciary Committee that investigated the Justices last summer, agrees
This was an issue for the legislature, not for the courts?.The superior court saw this as a clear cut issue?..It seems like they probably didn?t need to think too much about it.

But the reimbursement issue isn?t going away just yet. The lawyer for the three Justices, David Nixon, says he will continue to appeal the ruling to the Governor and executive counsel. While no date has yet been set for that hearing, last week the five member council hired an outside attorney to advise them during deliberations.