The New Hampshire Executive Council today voted to dismiss the motion to repay the legal costs of 3 state supreme court justices who were charged in last year?s impeachment proceedings. NHPR?s David Darman has more.
Four of the state?s five executive councilors deliberated behind closed doors about whether to pay the legal costs of Chief Justice David Brock, justice John Broderick and now retired justice Sherman Horton. Their deliberations didn?t last very long, though, and when Governor Jeanne Shaheen asked for their public vote, there was no dissension.
07 47 all in favor of the motion to grant the motion to dismiss the petition, indicate by saying, ?aye?. Aye. Opposed? The motion to dismiss the petition is granted. 07 100
The attorney for the 3 justices said the council?s actions were inconsistent with his reading of state law, and the state constitution. Attorney David Nixon said he was disappointed by the vote, since he said it left justices at a distinct disadvantage with respect to other parties in the impeachment proceedings.
10 48 it does seem fundamentally unfair to me that the state of nh, who through its legislature initiated the proceedings, which were found groundless, and which compensated the counsel it hired, should deny to the people against whom the charges were filed, and who prevailed, the same opportunity. 10 109
Nixon says the 3 justices face lingering legal expenses totaling about 2 million dollars, combined. But the justice?s large legal bill, and the fact that they were excused from impeachment, failed to convince Governor Jeanne Shaheen that they deserve reimbursement. In fact, Shaheen said she didn?t think the justices had a legitimate claim to reimbursement under state law.
15 118 I think as I read the statute, and as I heard from legal counsel, I don?t believe the statute covered impeachment proceedings. It also very clear that the request came in outside of the time limit that was required in the statute. So I think that the executive counsel decision to grant the motion to dismiss that petition was appropriate. 15 150
Attorneys for the justices don?t intend to let the executive council?s actions be the last word on their quest for reimbursement. They could petition the legislature for the money, but the success of that scenario is unlikely, since the House of Representative approved the articles of impeachment against the judges. The justices could also appeal their case to the state Supreme Court. That would require some substitutions on the bench, but the lawyers say they?re willing to take that step.
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