Bryan Gould, Gov. Kelly Ayotte’s pick to join the New Hampshire Supreme Court, will have his confirmation hearing before the Executive Council Friday. Gould has never been a judge, but he’s an experienced lawyer, with a practice that includes both businesses and Republican political clients, including as a stint as Ayotte’s own campaign lawyer.
Here are a few things to know about Gould’s nomination and his background as an attorney:
Among fellow lawyers, Gould has a good reputation
At 66, Gould — who attended law school in Utah and began his legal career in Nevada — has now spent more than 30 years as a member of the New Hampshire bar. He’s a partner at the Concord firm of Cleveland, Waters and Bass. Lawyers who have dealt with Gould describe him as fastidious, ethical, and capable.
Gould’s work includes commercial litigation and appellate matters, and he’s considered an expert in land use cases. Gould’s also been a lead lawyer for New Hampshire Republicans for decades, representing GOP clients in election law matters, among other issues.
He was former Gov. Craig Benson’s lawyer at the tail end of his administration in 2004. He also advised the Executive Council when it was weighing the removal of former Attorney General Peter Heed, among other matters. He’s also represented the New Hampshire Republican State Committee in legal matters, and served as a vice chairman of the state GOP.
Last year, Gould worked as Ayotte’s campaign lawyer; she later tapped him to be a member of her Judicial Selection Commission, the body tasked with sifting through applications for state judge positions.
So, Gould is very well known to many Republican party insiders, including Ayotte.
Gould’s potential impact on the court is a matter of debate
But while multiple lawyers told NHPR they had no doubt that Gould is intellectually qualified to join the state’s highest court, or that he is of good character, opinions differ about what adding Gould to the court might mean for its direction.
Ovide Lamontagne, a longtime Manchester lawyer and former Republican candidate for governor and U.S. Senate, said he didn’t imagine Gould's addition to the court would change things much.
“Bryan is a lawman,” Lamontagne said. “He’s going to follow the law, apply the law to the facts of the case before him. And he’s going to be impartial, he’s going to be objective, and he’s going to be very effective. I don't believe his personal views, professional or otherwise, are going to affect his thinking or the direction of the court.”
Other lawyers think Gould’s confirmation would shift the court’s orientation, and not simply because he’d be replacing former Justice James Bassett, an appointee of Democratic Gov. John Lynch. (The state Supreme Court's three other members were all named by former Gov. Chris Sununu.)
Former New Hampshire House Speaker Bill O’Brien, a Republican, has worked alongside Gould on election law cases. He thinks Gould would bring what O’Brien called an “originalist” view of the constitution to the state’s highest court.
“Gordon MacDonald is and will be the chief justice,” O’Brien said. “But just like on the U.S. Supreme Court these days, there seems to be a group that gravitates toward Clarence Thomas and pays attention to his approach to decision making. I think it's going to take a little while, but I think Bryan can reach that status. I hope he does, because we need a court that is much more modest in its aims.”
At age 66, Gould would, if confirmed, serve less than four years on the court due to the state’s mandatory retirement age of 70 for judges. But liberal lawyers say Gould will almost certainly make the court more conservative — and more likely to undo precedent in some landmark cases.
“He’s very conservative — more than conservative,” said Paul Twomey, who has represented Democrats in election law matters in cases where Gould was an opposing lawyer.
Twomey says he likes Gould personally and sees him as honest, but says if the opportunity arises he doesn’t expect Gould to hesitate to overturn prior court rulings that Twomey sees as protecting the rights of the vulnerable, including the Claremont education funding decisions.
“I think a lot of precedents that were very important to the people, the children especially of this state, are going to be in danger,” Twomey said. “I’d be very concerned about anything having to do with financial fairness to working people.”
Gould’s public hearing will yield at least some opposition
Gould’s public hearing will take place Friday before the Executive Council. Expect plenty of people to praise his skill as a lawyer.
But there will also likely be a heavy focus on — and criticism of — a particular aspect of Gould’s legal work: his representation of Casella Waste Systems, the Vermont company that has been working to put a controversial landfill in the North Country town of Dalton.
Gould has been a point person for Casella in that fight: in court, before state regulators, and before lawmakers. The landfill project is strongly opposed by many of the state’s environmental groups. You can expect them to make Gould's work on the company’s behalf part of the conversation during his confirmation hearing.
