A dispute over how to resolve hundreds of claims of abuse at New Hampshire’s former youth detention center remains in limbo, as victims seek to limit the control the governor and attorney general have over their settlements.
Tuesday, Merrimack County Superior Court Judge Dan St. Hilaire declined to intervene immediately and limit that control. But St. Hilaire said lawyers representing abuse victims can make their arguments again at a hearing in August.
At issue is a multi-million fund intended to compensate people who were physically and sexually abused at the state-run Youth Development Center. This month, with hundreds of claims pending, state lawmakers and Gov. Kelly Ayotte changed the settlement process in two significant ways.
First, the governor, with approval from the five-member Executive Council, can now choose the person who decides what victims are owed. Second, the state attorney general now can reject any proposed payment.
Previously, neither office had a role in the settlement process.
The changes have upset not just victims. The current settlement fund administrator, former Supreme Court Chief John Broderick, said the shift gives the state — which was ultimately responsible for the abuse — too much power over what victims are paid.
Broderick likened the settlement process to gambling at a casino.
“We hear the expression all the time that the casino always wins. But it doesn't mean they win every time,” Broderick said. “Under the new system, the casino could decide on every single bet and for every single bettor whether they can take the money with them. And I find that system shockingly unfair.”
At Tuesday’s court hearing, Anthony Galdieri of the New Hampshire Department of Justice said the attorney general told Broderick he could remain as the fund’s administrator if he agrees to abide by the new law — meaning the attorney general office could reject his settlement decisions.
“I think the attorney general has made his position clear to the administrator that this statute has transitioned,” Galdieri told the judge.
Broderick declined to say whether he will stay but has made clear he disagrees with the new rules.
Settlements are capped at amounts set by lawmakers. Of the few hundred cases that have been settled, the average payment has been $500,000. The deadline to file claims closed at the end of June, a day before the new changes took effect.
Get more New Hampshire news in your inbox: Sign up for the free Rundown newsletter.
