Courts Need Help

How bad is it for the court system in New Hampshire?

TAPE: we have judges in the state court system today who do not have direct access to the internet....it’s 2009.

For about 15 minutes Chief Justice John Broderick testified to the House Finance Committee about the crumbling state court system.

He says in 37 years of practicing law, he’s never seen so many judicial vacancies left open intentionally.

Due to budget cuts, the Judicial Branch is not replacing employees who leave or retire.

In a move that would save about $60,000 dollars Broderick is considering a move to hold off on replacing one of the five Supreme Court Justices.

TAPE: at some point in my respectful view, it is not the Justice System, it’s the widget factory. It matters a great deal to people that they have a judge who is attentive...they should be able to issue orders in a timely fashion....the staff should not be demoralized behind the counters.

In 2008, state courts received nearly $70 million dollars, or a little more than one percent of the state’s budget.

Broderick’s presentation grabbed the committee’s attention.

Chances to fill any of the judgeships seemed remote.

But after his remarks, members, like Chair Marjorie Smith began asking about ways to thin court caseloads.

TAPE: Do you see ways for making it better for both the Administrative branch, Corrections, for example, and for the courts to manage cases?

TAPE: we the courts basically do the work youi send us. the only reason we do divorce cases is because that’s where they are supposed to be done. We do abuse and neglect cases because that is where they are sent.

Broderick says he’s open to changes in statute that would ship cases currently heard by the Judicial Branch to other places.

One idea kicking around is to lower the penalty for certain misdemeanors.

That would save the state from paying for defense attorneys.

Representative Neal Kurk, who also sits on the Finance Committee, says the current economic climate actually gives the state a chance to improve its system.

TAPE: the problem for centuries, in the judicial system, and not just in the United States, in other countries, England....has been that it’s increasingly complex, increasingly timely, and increasingly expensive.

Broderick says even if laws are changed to reduce caseloads, he says the savings won’t be realized quickly.

But he says, long term, it would be a way to slow the court’s rate of growth.

Ultimately, he says he’s concerned about the constitutional right to justice.

The Chief says, more and more, the court system is a place for those charged with crimes and the indigent.

He cautions that if the system languishes people won’t get the justice system they deserve.

TAPE: think of the state courts the way you would the local emergency room in the hospital. You never want to go there. But if you are in the back of an ambulance on a Tuesday night, you hope when you arrive there they have good doctors and nurses.

Broderick told lawmakers he will meet with staff to come up with recommendations to reduce the court’s workload.

For NHPR News, I’m DG.