State Courts Cut Back

Supreme Court Chief Justice John Broderick has had to make some very difficult decisions lately that have nothing to do with the law.

Like postponing jury trials or laying people off.

TAPE:...if we laid off two people in some county courthouse...no citizen in NH would know about it...but if we laid off two people the people who use that clerk’s office...they would be inconvenienced for a long, long time. Those are the kinds of choices we had to make.

The Court trimmed its budget by a little more than $2 million dollars this year due to the state’s deficit.

The decision to delay jury trials saves $73,000.

For one month next year, the Judicial Branch won’t have to pay prospective jurors to appear in court.

Not bringing in a jury pool for 30 days may sound pretty minor overall.

But it means Merrimack County Superior Court Clerk Bill McGraw has to reschedule 13 criminal cases and 46 civil ones.

Criminal cases are given priority over civil matters.

So, McGraw says some civil cases his court would have originally heard in February or March, 2009, now won’t be held until 2010.

TAPE: I am afraid that may be the case. We will do whatever we can to hear them earlier than that, but seeing what we have to schedule and seeing that the civil caseload is growing. We’ve just started to see the uptick in those statistics in the last two months...those for the month of October were the highest number of civil filings in five years.

McGraw and others agree, given the poor economy, civil cases- like bankruptcy and evictions- will only rise in the near-term.

Attorney Scott Harris is president of the New Association for Justice...the state’s trial lawyer association.

He says the decision to delay trials has lawyers concerned about the impact on their clients.

As an example, Harris talks about a young man he’s representing right now.

Recently, after his client returned from Iraq, he was hit by a drunk driver.

TAPE: With his injuries he can’t work. Which means he can’t pay for rent. Which means no co-pays for medication. Which means his life is a very difficult one right now. And if he’s got to look two, two and a half years out before he can get any relief, he’s got a real problem.

Harris says there is little recourse for people like his client if their case is delayed.

While criminal defendants have a right to a speedy trial, Harris says, so do civil litigants.

He believes if cases slow down enough, the state could be sued.

Rockingham County Attorney Jim Reams says as a result of the change, 240 subpoenas have been cancelled.

He says the county will have to pick up the tab for keeping people in jail longer.

He worries if criminal cases aren’t heard quickly, they will be dismissed.

But what he really troubles Reams, is that he may have to compromise justice, where plea bargains become a flea market.

TAPE: 10:33 you have to reduce the charges to something the defendant will plead guilty to. Or something below what you think justice requires. So you have compromised justice in an attempt to push cases through the system.

TAPE: I don’t think it’s all that big of a deal, quite frankly.

Mike Iacopino is the President of the New Hampshire Association of Criminal Defense Lawyers.

He says the public doesn’t need to worry about a flood of criminals walking the streets.

TAPE: I think we are dealing with tough economic times, I wish we didn’t have to. It’s the NH way. You look at how much money you have...and you do the most amount of money you can do

Iacopino sympathizes with Chief Justice Broderick.

There is little room for the Courts to maneuver.

Already 40 employees down, Chief Broderick doesn’t want to make any more personnel cuts.

But Governor Lynch has asked him to submit a spending plan that is 97% of his already slimmed down budget.

But when 75% of your costs come from personnel, there’s little to choose from.

Broderick estimates he would have to lay off about 60 people.

TAPE: when do the justice needs of the public get compromised to the public that you are no longer satisfied you are meeting your constitutional obligations. That’s the test. Where’s the line?

Broderick says he believes he has an obligation to help the state in this time of fiscal crisis.

He says he also believes it’s his obligation to speak out, when he believes the cuts go too deep.

Postponing jury trials, he doesn’t like, but can live with.

Eliminating 60 positions, he says, is creating a Justice System that isn’t worthy of the state.

For NHPR News, I’m DG.