O'Brien wants to be judge

He has certainly (4.00 / 1)

expanded the role of the Speaker of the NH House.  Amazing how quickly it went from leading his party in the NH House to being dictator of NH.

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by: Lucy Edwards @ Sat Apr 30, 2011 at 18:07:13 PM UTC

I am on the Redress Committee (4.00 / 2)

I am on the Redress Committee.

Landrigan covered the simplest of the three cases we dealt with so far.  The complainant was Vince Milano from Epping, who at least was able to tell a coherent story where specific people did specific things at times for specific and plausible motives.  Basically, Mr Milano thinks a teacher made a death threat against his son, while the son was making up the last half-credit he needed to graduate.  He thinks the teacher did it for political reasons.  (The son was over 18 when the threat was made and hence he was already an adult---- and yet he had nothing to do with the petition, which is interesting....)

The story was coherent enough to be followed, but it was long--- longer than it needed to be--- and I don't want go into it in any more detail here.  Except, I will say one of Mr. Milano's charges was that the police failed to investigate the death threat.  In fact, both the police chief (who is also a member of the school board) and Mr Milano himself had documents proving that an investigation took place.  That investigation led to the conclusion that there was nothing worth prosecuting.  There was no nonfeasance or malfeasance here: just (to make up a word) feasance which didn't have the desired result.

False allegations of nonfeasance are becoming a repeated theme at the Redress Comittee.  The crux of Rep. Lars Christiansen's argument for Petition 1 was that a judge should be removed from office because he "failed to consider '28-A'" when he issued a court order forcing the Hudson School District to offer kindergarten.  The problem was, the court order was almost entirely about "28-A" (the constitutional provision which forbids unfunded mandates), and the judge gave a perfectly reasonable answer which accurately construed the relevant law.

Landrigan was lucky he didn't stick around for the second petition we heard on Thursday: what a nightmare that was.  It was totally unclear what exactly had happened: Elena Katz & her partner Arnold Grodman rambled on for two hours about their problems (which involve their daughter, who has multiple health issues) without ever giving us a coherent narrative.  All the committee knows after all this testimony is that a lot has happened over the 20 years of their daughter's life and most of it was very, very bad- and they blame the State of New Hampshire.

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by: TimothyHorrigan @ Sat Apr 30, 2011 at 22:28:42 PM UTC

how (4.00 / 3)

is this, in any way, the job of the NH House of Representatives?  

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by: susanthe @ Sat Apr 30, 2011 at 22:49:44 PM UTC

In the Telegraph article, it notes that it was (4.00 / 2)

constitutional scholar Dan Itse who recommended those folks go to this committee.

When you are a constitutional scholar, you don't need three co-equal branches of government.

birch paper; on Twitter @deanbarker

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by: Dean Barker @ Sat Apr 30, 2011 at 23:10:54 PM UTC

[ Parent ]

Part 1st Articles 31-32 (0.00 / 0)

Articles 31 and 32 of Part 1st (The Bill of Rights) of the NH Constitution say:

[Art.] 31. [Meetings of Legislature, for What Purposes.] The legislature shall assemble for the redress of public grievances and for making such laws as the public good may require.

June 2, 1784
Amended 1792 generally rewording sentence and omitting "for correcting, strengthening and confirming the laws."

[Art.] 32. [Rights of Assembly, Instruction, and Petition.] The people have a right, in an orderly and peaceable manner, to assemble and consult upon the common good, give instructions to their representatives, and to request of the legislative body, by way of petition or remonstrance, redress of the wrongs done them, and of the grievances they suffer.

June 2, 1784

Republicans have been filing similar petitions for a number of years about various matters; these were listed by name in the journal and filed with the clerk but no hearings took place till now.  

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by: TimothyHorrigan @ Sat Apr 30, 2011 at 23:16:29 PM UTC

[ Parent ]

I know how to redress a cut. (0.00 / 0)

I remove the old bandage, apply some antibiotic ointment, and wrap a new bandage over the wound.

How does the Legislature "redress a grievance," without passing a law?

I ask you, as a member tasked with performing such redress.

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by: elwood @ Sun May 01, 2011 at 00:16:15 AM UTC

[ Parent ]

I do not know (4.00 / 1)

I do not know what we can do if we agree with a petition.  Petition 1 was voted down, but the committee will not vote them all down.

If we vote for a petition, it looks like we would merely recommend certain actions, which could include filing legislation.  Many of the things the petitioners typically ask for would be unconstitutional thanks to Article 23 of the NH bill of rights:

[Art.] 23. [Retrospective Laws Prohibited.] Retrospective laws are highly injurious, oppressive, and unjust. No such laws, therefore, should be made, either for the decision of civil causes, or the punishment of offenses.

June 2, 1784

In Milano's case, one of the things he wanted was an apology from the Epping School District, even though it is unclear what good that would do even if we had the power to force school officals to apologize.  The superintendent and the school board chairman both showed up at the hearing, but did not offer any apologies.  (The teacher who allegedly made the threat didn't appear before the committee but he did send emails to the committee members. He too did not apologize.)

 

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by: TimothyHorrigan @ Sun May 01, 2011 at 00:33:50 AM UTC

[ Parent ]

Legislative Tribunal? (0.00 / 0)

Let's send O'Brien and gang to GITMO.

"Ill writers are usually the sharpest censors." - John Dryden

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by: Jack Mitchell @ Sat Apr 30, 2011 at 23:54:27 PM UTC

I suggest (4.00 / 3)

we ready OUR petitions for the redress of  OUR grievances for the next session.  

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by: susanthe @ Sun May 01, 2011 at 00:47:00 AM UTC

If nothing else (0.00 / 0)

it would be interesting to see what happens with ours!

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by: Lucy Edwards @ Sun May 01, 2011 at 11:05:58 AM UTC

[ Parent ]

no need to wait (0.00 / 0)

You can start working up your petitions now.  They are not bills, so petitions can be introduced any time.  The only restriction is that we can't have hearings in July because the State House is (ostensibly) closed that month.  (The building actually stays open all month.)  And, although the rules are fuzzy, we may have to wait for a session day to intervene so the Clerk can read the titles to the House.

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by: TimothyHorrigan @ Mon May 02, 2011 at 23:18:09 PM UTC

[ Parent ]

It sounds like the year is 1692 (4.00 / 3)

and we are living in Salem, MA.

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by: mevansnh @ Sun May 01, 2011 at 10:46:35 AM UTC

Derry Town Rep. Makes Statement about Fringe Issues (4.00 / 1)

To the editor:

The Derry Republican Town Committee has - along with the New Hampshire State Republican Committee and Republican organizations and activists across the state - noted with deep concern the lack of focus and the lack of civility and decorum of the Republican leadership and some Republican members of the New Hampshire House of Representatives during the current session.

Republicans were elected to a historic majority in the House to address the pressing concerns caused by years of Democratic fiscal mismanagement, tax increase and out-of-control spending.

The concentration of some members of the House on fringe social issues and ill humored remarks has not only distracted from reasoned resolutions to these matters - it has begun to erode support amongst an electorate that overwhelmingly supports the Republican ideals and platform.

The Derry Republican Town Committee urges the members of the New Hampshire House of Representatives to put aside these distractions and turn its full attention to the issues they were elected on - educational funding, pension reform, local control, lower taxes and lowered spending.

JAMES L. FOLEY
Chairman
Derry Republican Town Committ

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by: Chaz Proulx @ Sun May 01, 2011 at 12:30:25 PM UTC

what a load of codswallop (4.00 / 2)

YEARS of Democratic fiscal mismanagement? The GOP sure isn't afraid to rewrite history whenever it suits them. The reason we're in the mess we're in is 150 years of unfettered GOP rule.  

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by: susanthe @ Sun May 01, 2011 at 19:16:50 PM UTC

[ Parent ]

Codswallop? (0.00 / 0)

Totally excellent. You've outdone yourself, Ms. the Bruce.

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by: IrregardlessNH @ Sun May 01, 2011 at 19:43:15 PM UTC

one of my favorite words n/t (0.00 / 0)

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by: susanthe @ Sun May 01, 2011 at 23:17:18 PM UTC

[ Parent ]

this sounds like a song cue... (0.00 / 0)

Wanna be the ruler of the galaxy
Wanna be the king of the universe

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by: TimothyHorrigan @ Mon May 02, 2011 at 02:01:27 AM UTC