The head of New Hampshire's highest court is stepping down. Chief Justice David Brock announced today he will retire at the end of the year.
Brock led the court through the stormiest period in its history, most notably his own impeachment trial in 2000.
NHPR's Trish Anderton reports.
DAVID BROCK HAS headed up THE NEW HAMPSHIRE SUPREME COURT FOR 17 YEARS. he has overseen important DECISIONS on privacy, education, and defendants? rights . BUT HE WILL UNDOUBTEDLY BE REMEMBERED FOREMOST AS THE ONLY STATE CHIEF JUSTICE IN THE COUNTRY WHO?S EVER FACED AN IMPEACHMENT TRIAL. BROCK FACED FOUR ARTICLES OF IMPEACHMENT IN THE FALL OF 2000, INCLUDING THE ACCUSATION THAT HE ALLOWED JUSTICES TO COMMENT ON CASES FROM WHICH THEY WERE RECUSED. THE STATE SENATE ACQUITTED HIM ON ALL FOUR CHARGES. HOUSE REPUBLICAN HENRY MOCK WAS ONE OF BROCK?S CHIEF CRITICS. HE SAYS THE CHIEF JUSTICE WENT ON TO OVERSEE CRUCIAL IMPROVEMENTS.
the court to its credit has taken substantial steps to correct some of the faults we found. for instance the recusal policy has been totally revamped. the court has become much more open than it ever was.
BROCK WAS APPOINTED TO THE COURT IN 1978 BY THEN-GOVERNOR MEDRIM THOMSON. HE BECAME CHIEF JUSTICE IN 1986. HE AUTHORED WHAT MAY BE THE MOST CONTROVERSIAL DECISIONS IN THE COURT?S HISTORY ?. THE CLAREMONT EDUCATION FUNDING RULINGS THAT DECLARED THE STATE MUST PAY FOR PUBLIC EDUCATION. TOWNS HAD TRADITIONALLY CARRIED THE LION?S SHARE OF THAT BURDEN. THE CASE LAUNCHED AN INTENSE PUBLIC DEBATE OVER TAXES AND THE ROLE OF STATE GOVERNMENT. IT EVENTUALLY LED TO THE REINSTATEMENT OF A STATEWIDE PROPERTY TAX. BUZZ SCHERR IS A PROFESSOR AT FRANKLIN PIERCE LAW CENTER.
it joins the issue in a way that has forced us to think far harder than we ever have before about what is the significance of the way we fund public education, and what?s fair and what isn?t fair.
BROCK?S CRITICS HAVE CALLED HIM OVERREACHING AND ARROGANT IN HIS RELATIONS WITH THE LEGISLATURE. BUT INSIDE THE COURT CHAMBERS HE HAD A DIFFERENT REPUTATION. FORMER JUSTICE SHERMAN HORTON SAYS BROCK HAS A LOW-KEY, COLLABORATIVE WAY OF DEALING WITH HIS FELLOW JUSTICES.
we were all prima donnas, we all thought we knew what we were doing. he didn?t come in and say here?s what we have to do and here?s how we?re gonna do it. he?d say here?s what we have to do and how do you want to proceed?
ACCORDING TO A RECENTLY ADOPTED STATE LAW, THE POSITION OF CHIEF JUSTICE WILL ROTATE TO THE MOST SENIOR REMAINING JUSTICE FOR FIVE YEARS. IN THIS CASE, THAT?LL BE JUSTICE JOHN BRODERICK. AND EVEN THOUGH THE IMPEACHMENT IS LONG PAST, BRODERICK?S JOB WON?T NECESSARILY BE SMOOTH SAILING. THE COURT AND THE LEGISLATURE CLASHED VERY PUBLICLY THIS YEAR OVER BUDGET CUTS. FORMER NEW HAMPSHIRE ATTORNEY GENERAL TOM RATH SAYS BRODERICK IS WELL EQUIPPED TO HANDLE THOSE CHALLENGES.
he?s a diplomat, he?s a person people like, I think people will be responsive to him. it?s good to have a fresh start.
BROCK?S RETIREMENT GIVES REPUBLICAN GOVERNOR CRAIG BENSON HIS FIRST OPPORTUNITY TO NOMINATE A SUPREME COURT JUSTICE. THE GOVERNOR?S OFFICE HAS NOT YET SAID HOW BENSON WILL GO ABOUT CHOOSING A CANDIDATE. FOR NHPR NEWS I?M
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