Court Hits the Road

Dan Gorenstein's picture
By Dan Gorenstein on Wednesday, May 1, 2002.
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For the first time in modern history, New Hampshire’s highest court held oral arguments outside the sanctity of the Supreme Court’s building in Concord. It’s the first of two scheduled special sessions designed to let the public see just how the court works. NHPR’s Dan Gorenstein attended the ‘The Court on the Road Program' and filed this report.

For the first time in modern history, New Hampshire’s highest court held oral arguments outside the sanctity of the Supreme Court’s building in Concord. It’s the first of two scheduled special sessions designed to let the public see just how the court works. NHPR’s Dan Gorenstein attended the ‘The Court on the Road Program' and filed this report.

Sfx: all rise

And with the bailiff’s call, some 450 high school and college students stood. St. Anselm College in Manchester played host to what is probably one of the largest crowds to hear oral arguments in front of the state’s supreme court. But before the justices settled in, State Superior Court Chief Justice Walter Murphy explained why the court wanted to hit the road.

Track 2
:20 this is a new program, an outreach…for the purpose of making a start toward addressing, what could be called a shocking lack of understanding and information about the operation of the courts. What you are going to hear this morning are real cases. (fade Murphy out)

The students heard two cases. One on free speech in schools, the other dealing with a psychiatrist’s liability for one of his patient’s committing suicide. Both raising meaty ethical and legal questions. Justice Murphy reminded the audience how New Hampshire’s court system affects many people.

Track 2
3:09 when you think about these two cases that are being argued here today, they are but two of 240,000 issues. 240 cases which touch the lives of half a million people each year. They might be the same people in some instances…

4:00 …I think it is appropriate this takes place today, on May 1st, the day President Eisenhower declared as law day. To counter act what was known as Revolution Day in Soviet Russia.

If Eisenhower wanted students to learn about judicial process, then the presentation at St. A’s would have pleased the former president. After each case, students peppered the attorneys with questions about their arguments. And much like this one from a Goffstown HS student, they got right to the point.

Track 15
I am just wondering if he is an out patient, and feels he can take care of himself, why the psychiatrist is being held responsible for his suicide?

Then the attorneys got to explain themselves.

:20 that’s a good question. In oral arguments we each get 20 minutes. We vigorously disagree. In the facts of this case…(fade out)

What can make oral arguments before the state Supreme Court compelling theatre is when justices frequently interrupt the flustered attorneys.

7:36-8:00 (fade out)

That performance caught the attention of one student. And, after the bench heard arguments, and opened themselves up for questions, Goffstown Junior Gregory Baker asked about it.

Track 22
Are you guys allowed to interrupt whenever you want to?

Laughter

:21-40

One female student asked Justice Linda Dalianis about the early part of her career when women made up a small minority of the New Hampshire Bar.

Track 26
1:40 I was too young to know I was over my head…huge responsibility to women coming behind me in my profession. In the early years it caused me to loose a lot of sleep.

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Heidi Tillitson, a junior at Concord High, always thought about being a judge.

Track 4
5:14 but after hearing about all the stuff they have to do, and all the previous cases, it seems like a lot of work, but it looked like a lot of fun. So, it has pushed me into being a judge again…having to know the law so well, based on the constitution, you have to decide every decision based on that, it looked like fun to me.

The justices headed back to the familiar Concord confines. But are scheduling a second special session in October. For NHPR News, I’m DG

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