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Why We Care - Inadequate Funding for the Courts Hurts Everyone
 CJ Broderick: March 8 Court budget status letterLetter from the Chief Justice to the Governor - March 8, 2010 Justice at Risk: Justice Broderick Speech at Syracuse Law - February 22, 2010 Without violating client confidences, can you provide examples of how court operations at current funding levels are affecting clients? Or provide your comments regarding proposed closings of court locations? Submit your comments now. Recent comment from an NHBA Member, "Manchester lawyer:" ‘System is completely broken’ I am a partner at[ a MANCHESTER LAW FIRM] and my practice is primarily in family law. The system is completely broken down in various courthouses in NH - primarily Hillsborough South and the Brentwood family division (the new Manchester Family division seems to be running pretty well). For example, I filed a divorce petition and request for expedited temporary hearing for a client in Hillsborough South in mid-November 2009. I have yet to receive orders of notice to serve upon the other side. [Update: March 5: Court has sent orders of notice. Temporary hearing scheduled for later in March.] In my conversation with the clerk’s office, I understood that it may be many months before my client can get a hearing. In that same courthouse, I have been waiting since October for a new final hearing date for a case that has now been pending for over one year. Orders are usually written or dictated by the judges promptly but then sit for many months - in Brentwood and in Hills So, decisions take up to 4 months - even on basic motions. This is terrible for clients who need child support, who are being prevented from seeing their children and all of the basic needs that people have with regards to this most personal aspect of the judicial system- the system is completely broken. I fear that the loss of Judge Barry and Mangones and the staff furloughs will make an already broken system come to a complete halt. Something has got to be done. - A Manchester lawyer The Courthouse Doors Must Stay Open By NH Bar Association President James J. Tenn, Jr. To be published in Bar News - March 19, 2010 issue On Friday, April 2, 2010, all of the state courthouses will close for budgetary reasons. It will happen again – on two more Fridays – April 30 and May 28. On these dates, as well as on additional dates not yet identified, employees of the judicial branch will take unpaid furloughs as part of the courts’ cost-cutting measures. These closures are part of the NH Supreme Court’s extraordinary response to the state’s financial crisis. The judicial branch plans to close 17 days in 2010, and an additional number of days in 2011. These actions were necessitated by the state legislature’s decision to reduce all state expenditures by at least $25 million dollars by June 30, 2011; the judicial portion of this reduction is $3.1 million dollars. The furloughs, required for a portion of the non-judicial staff, were voluntarily agreed to by virtually all of the judges and marital masters and the unionized portion of the judicial branch employees. These dedicated employees are to be commended for their voluntary participation in the unprecedented furloughs; the alternative – layoffs – would have been much worse. Nevertheless, the furloughs will undoubtedly have vast implications for the administration of justice. Fewer court days will result in inconvenience and delay. Recently our Association received an email from a family law practitioner. She wrote because she is worried about the consequences of furloughs when lawyers are already experiencing court-time delays. Many of us are familiar with clients who need child support, who need orders regarding parenting time, and who need access to the courts to deal with issues that are fundamental to families. While our courts continue to operate, they do so hampered by the lack of adequate resources, and now the additional burden of furloughs. In these times, we as lawyers need to become more actively involved and to speak out about how cost reductions are harming our justice system. It is incumbent upon all of us to speak positively about the importance of preserving access to justice even in times of financial crisis. Please allow me to list two crucial points: Furloughs must be a temporary measure. The proper administration of justice requires that our court system remain accessible. Adequate funding is needed to ensure that sufficient staff is on hand to keep our courts open and the process moving. The judicial branch is not just a department of government. While the judicial system is funded by the same tax dollars that are shrinking with the loss of revenue experienced by businesses and property owners throughout the state, the judicial system is unique. It has a unique purpose, one that is integrally related to the civic good and our Constitutional rights. It is essential that the citizens of our state have access to a process of justice. This expectation is at the bedrock of our democratic system. While history confirms that poor economic times eventually progress to better times, we must continue to harness our best efforts to advocate for an efficient and impartial justice system. The financial crunch affects other states as well. I recently returned from the Midwinter Meeting of the National Conference of Bar Presidents in Florida. At this national gathering of bar leaders, it became clear that New Hampshire is not alone. Several states’ court systems have turned to unpaid furloughs in an effort to reduce spending. There is little comfort in numbers. The Constitution of the New Hampshire Bar Association requires the Bar to become involved in issues that affect the administration of justice. Our Bar Association must be involved in the process that keeps our courts available to administer justice. At the same time, you and your clients are the best spokespersons for adequate resources for NH’s justice system—and for the real-life consequences to citizens, businesses and communities, of weakened, less accessible courts. Last year the Association established a webpage (“Why We Care”) to collect and disseminate information regarding the adverse consequences of limited funding. The webpage also provides information and resources as tools for each member of the Bar Association to use in explaining the critical need for an independent system of justice with adequate resources. I encourage you to respond and to communicate with the Bar Association through this webpage, and to discuss the situation with your friends, colleagues and elected officials. In this era of strained resources, we must all work together to keep the courthouse doors open. James J. Tenn, Jr., is 2009-2010 NHBA President. He practices in Manchester with the firm of Tenn & Tenn P.A. Background and Related Information ♦ Tips for Building Community Support ♦ Excerpts from Family Law Listserv Responses ♦ Coverage of Court Budget Issues ♦ Why We Need Adequately Funded Courts: Letter, Committee on Cooperation With the Courts ♦ ABA Commission on State Court Funding |
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