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A Democratic State Should Have a Democratic Chief Justice

by: measurestaken

Tue Jun 22, 2010 at 15:05:23 PM EDT


( - promoted by Dean Barker)

Consider this a sequel of sorts to my posts of last year about who Lynch should appoint AG instead of reappointing K Street Kelly...This is really just an attempt to start a conversation. I invite people who know New Hampshire's judiciary better than I to weigh in.

Governor Lynch has before him an important appointment. The appointment of the next chief (and potentially an associate justice) will give him an opportunity to create a legacy of fairness and even-handedness for a generation to come. Let me offer a few names that I hope Gov. Lynch would entertain.

measurestaken :: A Democratic State Should Have a Democratic Chief Justice
Senior Associate Justice Linda S. Dalianis and Associate Justice Carol Ann Conboy - Both of these, particularly Justice Dalianis, will be high on Gov. Lynch's list. Justice Dalianis, the senior associate justice on the current court, was appointed by Gov. Shaheen while Justice Conboy was put on the court just last year by Gov. Lynch. Both women served long stints as Superior Court judges and appointing either of them would mark the first time that a woman has led the court.

Sen. Maggie Wood Hassan - Senator Hassan, currently Senate Majority Leader and an attorney focusing on employment law issues with Pierce Atwood in Portsmouth is an obvious choice. While her name routinely comes up in discussions about who will run for governor when Lynch retires, a post on the state's highest court might appeal to Sen. Hassan. As either chief or associate justice, she would remain as one of the state's most influential leaders and leave open the possibility of a federal appointment (a la David Souter) in the future.

Jeff Meyers - Mr. Meyers, currently serving as the governor's legal counsel, is a less obvious choice. His eight years as an Assistant AG in the environmental section, his experience as senior partner with the Manchester and Boston firm of Nelson, Kinder, Mosseau, and Saturely, and his work for cities and towns on land-use and enviromental matters give him a comprehensive background in New Hampshire law. His work as a partner have also given him some administrative experience that would be helpful if Lynch is looking for a chief justice and not to promote from within. I'm yet to meet anyone who knows him who hasn't been impressed.

Attorney General Mike Delaney - A, former attorney with Wiggin & Nourie and front-line prosecutor of many high-profile cases including the Dartmouth professor murders, Delaney is another obvious name to consider. He is smart and young (40ish)- advantages both - but his recent work cleaning up Ayotte's FRM mess have met some criticism.

Tom Donovan - Tom Donovan, a former head of the Manchester Bar Association and director at McLane, Graf, Raulerson & Middleton, was the Democratic nominee for mayor in the 2007 Manchester municipal election. His experience as both a litigator  and as a director with McLane would make him a great candidate to manage the state's court system as Chief Justice. And his work as a former director of Child and Family Services of New Hampshire and his time on the Manchester Board of School Committee demonstrate his commitment to public service.

Jim Craig - Jim Craig, known as a conciliator in the NH House, is also a former Manchester Bar Association head and is known to all in New Hampshire politics. As Minority Leader in the House during Lynch's first term, Mr. Craig helped move Lynch's agenda forward in the face of GOP majorities in both Houses and on the Executive Council. As an attorney in practice with his father at the family firm, Jim Craig has helped countless Manchester citizens with legal help and counsel. His combination of Concord-insider status and reasonableness would make him a solid choice and would put a known consensus builder on New Hampshire's highest court.

Ann McLane Kuster - Last year, I mentioned Kuster as a possible dark-horse AG. I hope her current House race ends with success, but should it end in September, Lynch would be smart to consider her for a Supreme Court seat. Her experience in non-profits and other public service is too extensive and well-known to be listed here, but suffice to say that her work on the boards of both NHPR and the New Hampshire Charitable Foundation are capstones to a long career in public service. Her legal experience in family, education, and health issues would also prove invaluable.

David Souter - What the hell? He won't take it, but it would drive GOP-types nuts. His achievements need not be listed here and he has previously served on the New Hampshire Supreme Court.  

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Why not Souter? (0.00 / 0)
I don't see him taking the job either, but it was said at the time he loved his job and just didn't want to be in Washington.  It's a good idea.

--
Hope > Anarch-tea
Twitter: @DougLindner


he's retired (4.00 / 3)
Souter retired relatively early (69 years old) from the Supreme Court; he still serves part time as an appellate judge.  If he wanted to keep working fulltime, he probably would have kept his old gig.

A much, much bigger problem is the NH Constitution: it says that judges have to retire at age 70:


[Art.] 78. [Judges and Sheriffs, When Disqualified by Age.]  No person shall hold the office of judge of any court, or judge of probate, or sheriff of any county, after he has attained the age of seventy years.

This (presumably) applies to Supreme Court Chief Justices as well as regular judges.  The Supreme Court is a court and the chief justice is a judge.  Rep. Joel Winters & I tried to change that rule this past session, with a "CACR": the proposed constitutional amendment went nowhere, failing to get even a simple majority in the House.  The sheriffs seemed to be the main problem, even though they are elected.

Souter could still be attorney general, however...


[ Parent ]
Ha! (4.00 / 1)
I think he's more suited to the judicial mindset, personally.

But thanks for the info -- I had actually missed that he continued to serve as an appellate judge, and yes, that 70 seems a hard nut to crack.




[ Parent ]
I agree on Souter (4.00 / 1)
Why not go for it. What a powerful thing it would be for him to return -- it would really highlight that unlike so many he went to Washington not out of desire for power, but because he was chosen to serve, and he understood the meaning of service.

My only concern would be if being a sitting judge again would limit his ability to make speeches like the Harvard speech. I think NH really does need Souter, but after all this time, America may still need him more.




speech (4.00 / 1)
a copy from the Harvard Gazette was next to mom's computer when I went to her place yesterday...it will be read and reread for years.

note to close readers: this might be sarcastic so think twice before reading to candidates for use in their attacks on each other

[ Parent ]
The only argument I can see for nominating a Dem (4.00 / 2)
rather than entirely relying on party-blind merit, is: if the Republicans win one more Executive Council seat, no Dem will be seated to any major office.  

good one n/t (0.00 / 0)


note to close readers: this might be sarcastic so think twice before reading to candidates for use in their attacks on each other

[ Parent ]
This list is weighted far too heavily toward politically active lawyers. (4.00 / 5)

I was a member of the Jucicial Selection Commission for a number of years and am quite sure the above list is not the type of mix that will be submitted to the Governor by the Commission, although any of the individuals on it might well be on such a final slate.

The above list  (with the exception of the two sitting justices) consists of politically active lawyers. Of all the criterion used by the Commission, political activity ranks at or near the bottom, so I suspect the list of people given to the governor will be far more heavily weighted towards people with prior judicial experience or people who are leaders in some aspect of law, with almost no emphasis on political accomplishments other than as a reflection of dedication to community service. Given that a major part of the  Courts job is interpretation of the Constitution, the relevant intellectual tools and experience are likely to be significant factors. In the past the Commission has sent a lists of potential nominees that include people as liberal and as conservative as you can get without regard to their political affiliations. (Of course, the judicial philosophy of a potential judge is a relevant factor for the governor in his final decision, who has been elected to make such choices).

Since Governor Lynch has been governor, he has been very good about listening to the input from the judicial selection commission and not letting politics enter into or dominate the equation. It is past time that we should be relying solely upon the good intentions of current governors in this regard. The Judicial Selection Commission should be set up pursuant to a statute (currently it exists because of an executive order). Ultimately, real reform would require an amendment to the Constitution, which currently gives the governor and council full authority to decide on judicial selections.  The process should be standardized and a greater level of openness which might extend to publicly naming the people on the list submitted to the Governor would I think be helpful.

"But, in the unlikely story that is America, there has never been anything false about hope." Si se puede. Yes we can.  


[ Parent ]
John Hutson? (4.00 / 2)
I pick this guy for just about everything.

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

[ Parent ]
Would be a wonderful choice! (4.00 / 3)


"But, in the unlikely story that is America, there has never been anything false about hope." Si se puede. Yes we can.  

[ Parent ]
NH is fortunate to have so many talented well qualified potential judges... (4.00 / 1)
When I read the list above, dozens of additional names jumped into my head but the oddest omission from the list was that of US Attorney John Kacavas,former Asst. AG, former US DOJ lawyer, former state rep and Manchester school board member.John would make an extraordinary justice.

Have you told a stranger today about Bill O'Brien and his Tea Party agenda? The people of NH deserve to hear about O'Brien  and his majority committed to destroying New Hampshire and remaking it into a armed survivalist preserve.  

Thanks Ray and Paul (0.00 / 0)
I'm no insider and I'm glad that you guys chimed in. One thing in support of some of my picks. I don't think that political activity should be counted against anyone. I don't think that's what either of you are saying, but I do think that heading the Manchester Bar should be considered a sign of the regard in which Mr.s Donovan and Craig are held by the legal community.

I don't, incidently, know much about the NH bench so any other names you could suggest would be instructive and interesting to me and I assume others on this board.

Hooray for insiders! (said honestly without any sarcasm at all...)  


Martin Gross n/t (0.00 / 0)


note to close readers: this might be sarcastic so think twice before reading to candidates for use in their attacks on each other

Can't (4.00 / 1)
[Art.] 78. [Judges and Sheriffs, When Disqualified by Age.]  No person shall hold the office of judge of any court, or judge of probate, or sheriff of any county, after he has attained the age of seventy years.


Have you told a stranger today about Bill O'Brien and his Tea Party agenda? The people of NH deserve to hear about O'Brien  and his majority committed to destroying New Hampshire and remaking it into a armed survivalist preserve.  

[ Parent ]
s/b changed (0.00 / 0)
In the last decade car accidents for those between 70-80 have declined substantially as our older citizens have gotten healthier...live longer etc.

note to close readers: this might be sarcastic so think twice before reading to candidates for use in their attacks on each other

[ Parent ]
Terrible analysis-- (0.00 / 0)
Here are only some of the problems w/ this article in no particular order:

First problem:  Is Justice Dalianis even a Democrat?  Wasn't she a Judd Gregg appointment?  And what about Justice Conboy, is she even a Democrat?  How can you recommend people based on party affiliation and political and social activity when you don't even know what they stand for?  Pretty weak.

Second (related) problem:  How can you not include on a list like this Justice Gary Hicks, who has been a stalwart Democrat and would be a brilliant ambassador to the courts?

Third problem:  Really?  You want to take a promising Dem like Maggie Hassan (with no experience as a judge) out of circulation by making her a justice.  

Fourth problem:  Really? You want to remove two people like Jeff Meyers and Mike Delaney from positions they only recently assumed and put them on the NH Supreme Court w/ no judicial experience?  Shouldn't we wait a little longer to see if they can solve the major problems facing our state first.

Fifth problem:  In recommending Tom Dononvan and Jim Craig, you ignore other more prominent lawyers like Phil McLaughlin--who at least has some ties to law enforcement.  You also ignore people who have been far more committed to the cause of the poor and disenfranchised like John Tobin and Eliott Berry of New Hampshire Legal Assistance.  In essence, the article limits itself to democratic political operatives.

Sixth problem:  Are you really saying that there are no democrats on the Superior Court worth mentioning in this article?  You think it's more fruitful to try to raise Justice Souter--a lifelong Republican!!!--as a possibility.  
Unbelievable.

I can't believe people haven't reacted more strongly to this posting.


Kacavas (0.00 / 0)
p.s. I agree with Ray Buckley's comments regarding John Kacavas--another ridiculous omission from this posting.  I also agree with what Paul Twomey wrote here.

Also, it seems strange that someone who doesn't "know much" about the NH bench would offer any analysis about this subject.


nice meeting you too (4.00 / 3)
Jesus, I was just - as I made manifestly clear in the FIRST paragraph - trying to start a conversation. Your input is appreciated, your tone ain't.  

[ Parent ]
I took this as an invitation for a conversation, not a line in the sand. (4.00 / 1)

And in that vein, I think Phil McLaughlin would be another wonderful choice. But that is the problem with lists like this, there are lots of good potential candidates and it is pure speculation as whether any of them are interested.

Personally, I don't know who I would pick as the new Justice, but if it were up to me I would pick Justice Linda Dalainis as the Chief Justice-- and yes, I suspect that she is a  republican--- for a lot of reasons, but mostly because she has earned the job.Throughout her career she has been an inspiration to many (including me), and she is very effective as an administrator. Given the importance of enlisting support for what is a very stressed branch of government, I think she would be very effective in explaining the needs  of the courts to the legislature, and yes, to the governor.

And finally it would enable me to complete a rare hat trick-- I appeared before Judge Dalainis on her first day as a judge in Superior Court and again her first day as a Justice on the Supreme Court.  

"But, in the unlikely story that is America, there has never been anything false about hope." Si se puede. Yes we can.  


[ Parent ]
you better file some motions buddy n/t (0.00 / 0)


note to close readers: this might be sarcastic so think twice before reading to candidates for use in their attacks on each other

[ Parent ]
If they go via gmail, (0.00 / 0)
would they be e-motions?

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

[ Parent ]
Elwood please assess a fine n/t (0.00 / 0)


note to close readers: this might be sarcastic so think twice before reading to candidates for use in their attacks on each other

[ Parent ]
What - for not crediting Smokey Robinson? I second that. n/t (4.00 / 2)


[ Parent ]
bait (4.00 / 2)


note to close readers: this might be sarcastic so think twice before reading to candidates for use in their attacks on each other

[ Parent ]
Kacavas (0.00 / 0)
Like Meyers and Delaney, John P. Kacavas recently became U.S. Attorney. He should get a few years in experience out of that, then go for the Judiciary. That being said, he's one of favorites, for future political office.

note to close readers: this might be sarcastic so think twice before reading to candidates for use in their attacks on each other

[ Parent ]
bingo n/t (0.00 / 0)


note to close readers: this might be sarcastic so think twice before reading to candidates for use in their attacks on each other


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