Judge: Keep Legislature Out of Courts

By Trish Anderton on Friday, June 1, 2001.

listen: No audio currently available. Order on CD (pdf).

In a speech to lawyers in Salem, Supreme Court Justice John Broderick said appointing a commission to review judges could open the door to political influence over the courts.

IT WAS ONE OF THE FEW TIMES A JUSTICE HAS COMMENTED PUBLICLY ON JUDICIAL REFORM SINCE LAST YEAR?S IMPEACHMENT OF CHIEF JUSTICE DAVID BROCK. IN A SPEECH TO THE GREATER SALEM BAR ASSOCIATION, BRODERICK WARNED LEGISLATIVE PROPOSALS TO REVIEW JUDGES EVERY SEVEN TO TEN YEARS, COULD OPEN THE DOOR TO POLITICAL INFLUENCE..

I believe a judge shd never have to think for a second that a ruling he or she might make could have an impact on their personal or professional life. And respectfully I think we surrender a lot of we head in that direction.

BRODERICK POINTED TO DECISIONS LIKE THE U-S SUPREME COURT RULING THAT BANNED RACIAL SEGREGATION IN SCHOOLS, OR NEW HAMPSHIRE?S OWN CONTROVERSIAL EDUCATION FUNDING CASE. HE ASKED: WOULD THOSE COURTS HAVE RULED DIFFERENTLY, KNOWING A BOARD APPOINTED MOSTLY BY THE GOVERNOR AND LEGISLATURE WAS LOOKING OVER THEIR SHOULDER?

Those circumstances are like finding a crocodile in your bathtub when you go in to shave. You try to ignore the crocodile, but it?s the only thing you can think about.

BRODERICK SAID THE COURT SHOULD NOT INVOLVE ITSELF IN POLITICS. BUT HE CALLED ON THE ASSEMBLED LAWYERS TO SPEAK OUT ABOUT JUDICIAL INDEPENDENCE. THE TIME HAS COME, HE SAID, TO BEGIN A PUBLIC DIALOGUE ON JUDICIAL REFORM.

I encourage you to insist the debate be civil, that it be based on facts and not hot rhetoric and accusations. You need to insist the debate be on prinicples, not personalities or individuals.

THE SPEECH GOT A STANDING OVATION. BUT LAWYER RICK SHEEHAN OF LONDONDERRY SAID HE?S NOT QUITE SURE HOW HE?LL RESPOND TO THE CALL TO DEFEND JUDICIAL INDEPENDENCE.

the call to action?s kind of a diff step to take, personally. I don?t know exactly what the call to action would entail. But protecting the system is important so I guess I?ll have to think about what that means.

NEW HAMPSHIRE?S LEGAL COMMUNITY HAS NOT TAKEN A UNIFIED STAND ON RENEWABLE TERMS FOR JUDGES. NEW HAMPSHIRE BAR ASSOCIATION PRESIDENT GREG ROBINS.

Certainly bar suupooorts jud independence 130 On other hand I think its safe to say many lawyers would not find a reasonable term limits measure intolerable .

ROBINS SAID A PROPOSAL THAT?S ALREADY PASSED THE SENATE APPEARS TO TAKE REASONABLE STEPS TO PROTECT THE COURTS. THAT PLAN WOULD REVIEW JUDGES EVERY TEN YEARS BASED ON QUALITIES SUCH AS FAIRNESS AND DILIGENCE. THE COMMISSION WOULD NOT HAVE THE POWER TO REMOVE JUDGES; ONLY TO MAKE RECOMMENDATIONS TO THE GOVERNOR AND LEGISLATURE. A SUPPORTER OF THAT PLAN, SENATE PRESIDENT ARTHUR KLEMM, ATTENDED BRODERICK?S SPEECH. HE SAID LAWMAKERS ARE SENSITIVE TO THE JUSTICE?S CONCERNS.

005 11 I think he does raise some points the leg needs to consider as we go thru process of judicial reform. //But also I do think there needs to be some sort of checks and balances

VOTERS COULD HAVE THE FINAL WORD ON THE PLAN. IF IT PASSES BOTH HOUSES IT WOULD APPEAR ON THE 2002 ELECTORAL BALLOT AS A CONSTITUTIONAL AMENDMENT. DESPITE THE CHARGED ATMOSPHERE THAT HAS SURROUNDED THE COURT SINCE LAST YEAR, BRODERICK TOLD THE AUDIENCE HE DOESN?T HOLD ANY GRUDGES ABOUT THE IMPEACHMENT.

I am not bitter about it. I do not fault people. Not here to question goodwill of anyone. What happened is part of const. And I think process worked fine.

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