If you have issues viewing or accessing this file contact us at NCJRS.gov. t 11,::' --:....,-----"'---,..... -~-, , . ... I, -~l_: :;:" National Criminal Justice Reference Service ---.. ----.... ···········1·· .... .1 ,; ·····.·1 "'j ))j This microfiche was produced from documents received for . '.. 1 mc. I' USIon .m the NCJRS data base . Since NCJRS cannotb exerCIse . d .6;1"I control over the physical condition of the docum~nts su mItie , the individual frame quality will vary. The resolution c~art on this frame may be used to evaluate the document qualIty. 1.0 ,1/1/2.5 2.2 II 1.1 111111.25 1111,1.4 IIIil1.6 MICROCOPY RESOLUTION TEST CHART NATIONAL BUREAU OF STANDARDS-1963-A Microfilming procedures used' to create this fiche comply with the standards set forth in 41CFR 101-11.504. Points of view or opinions stated in this document are those of the author(s) and do not represent the offi.cial position or policies of the U. S. Department of Justice. National Institute of Justice United States Department of Justice Washington, D. C. 20531 I ~U_?l~?_ .. 1. • ;, Q ,.~, :. ' .. , 1\.".... ,,' ,'!':'f :",;, !!. q, ~~, II .' o ", rl' L .1 r 1.. "" SUPREME COURT DF NEW HAMPSHIRE . TABLE OF CONTENTS Honorable Edward J. Lampron, Chief Justice Honorable William. A. Grimes, Senior Associate Justice SECTION I OVERVIEW OF THE CREATION AND Honorable Maurice P. Bois, Associate Justice STRUCTURE OF THE COURT SYSTEM 1 Honorable Charles G. Douglas, III, Associate Justice SECTION II SUPREME COURT . 7 Honorable David A. Brock, Associate Justice T .L. SECTION III· SUPERIOR COURT 32 ~~~:;: JUDICIAL PLANNING COMMITTEE SECTION IV DISTRICT AND MUNICIPAL COURTS . 58 Honorable Charles G. Douglas, III, Associate Justice, SECTION V PROBATE COURT . 69 New Hampshire Supreme Court, Chairman ',C SECTION Honorable William A. Grimes, Associate Justice, VI JUDICIAL PLANNING COMMITTEE AND New Hampshire Supreme Court, Vice-Chairman THE PLAN FOR COURT IMPROVEMENT 79 Honorable Martin F. Loughlin, Chief Justice, New Hampshire Superior Court SECTION VII STATEMENT OF PURPOSES, STANDARDS AND PRIORITIES . .. 121 Honorable Aaron A. Harkaway, 0ustice, Nashua District Court SECTION VIII JUDICIAL BRANCH BUDGETING . 134 Honorable Edward J. McDermott, Justice, Hampton District Court U.S. Department of Justice National Institute of Justice James E. Duggan, Visiting Associate Professor of Law, This document has been reproduced exactly as received from the Franklin Pierce Law Center person or organization originating it. Points of view or opInions stated in this document are those of the authors and do. not necessarily represent tile official position or poliCies of the National Institute of Honorable Thomas D. Rath, Justice. New Hampshire Attorney General Permission to reproduce this c~d material has been granted "V • CarlO. Randall, Esquire, New Hampshlre Supreme Court Clerk, Hillsborough County Superior Court to the Nati:mal Criminal Justice Reference Service (NCJRS). James A. Gainey r Administrative ,J~.ssistant to t.he Chief Ju"stice, Further reproduction outside of the NCJRS system requires permis­ New Hampshire Supreme Court ;," sion of the ~ owner. Carroll F •. J-c:>nes, Esquire, Concord, New Hampshire o Q ·T ..I -=2_ 'J Q, , ( \ [ " 0 . Jr' [ I :'"-, I r "A Judiciary that discloses what it is doing 0" " ~J r and why it does it. L will breed understanding. Confidence based on understanding (~ \ is more enduring t;han confidence based on awe." u.s. Supreme Court Justice William o. Dou~las . ,.;;- o " J3ECTIO~ ,J: ,C ,-OvERVIEW. .,'OF .,,'. "THE, CREA~UIONAND"" With this in'mind the Supreme Court and its 6 L .S~RUCTUREO:FTHE'COURT SYSTEM Judicial Planning Committee present to the legislators .',' and public this first Annual Report. In it you will find an outline of your court system, an analysis of ,0 its problems and a plan for their solution. I hope ~, , ;. 0 0, you will find the information contained in this report 0' to be helpful and inteL;f".lsting. '= -0' . ,.1! .'1 :j ; . -". '" .. , 'J J"rr" o ' 'Up '" Edward J. Lampron [. Chief Justice -IT " 0 t, l~ , ,,' .'q L~, u' "" \~.. 1 , i) e* ,---- possible jail sentence is less than one year and a day. Miner CREATION OF THE COURTS, infract.ions, such as offenses against cit'j' ordinances or rrotor vehicle rules are called "violations," not crimes, and are punishable by a fine only. The New HaIDpshire Constitu.tion says'that the "judicial power of If the State shall be vested in the supreme court, a trial court .of Appeals may be made from decisions of the trial courts and govern­ { general jurisdictian knoon as the superior court, and such ICMer mental agencies to the New Hampshire Supreme Court. Appeals are made on courts as the'legislature may establish under Article 4th .of Part issues of law, such as a challenge of a trial judge's application of law 2. " Thus under Article 72-a .of Part 2, the Supreme and Superier to the facts feund by a jury. Cr.iminal convictions may be appealed by Courts are "constitutional" courts, which may only be changed by I1\ the defendant but only certain rulings in criminal cases may be appealed arrendment to the Constitution, while the District and Municipal by the prosecution. The Supreme Court of New Hampshire is in Concord Courts may be changed or ab::>lished by the Legislature. !?robate .:. r and consists of five judges. Unlike the trial courts, witnesses are Court is also a constitutional court under Article 80 of Part 2 .of '.' t rarely called upon to testify at the Supreme Court. The Suprem= Court the Constitution. .. may hear the attorneys for both sides and the attorneys also submit written analyses, Jmown as "briefs I II which support their argurrents. Generally, the opinions of the five Justices of the Supreme Court are THE IDBK OF OUR COURTS handed down approxi.rnately 30 to 60 days after they hear the oral argu­ ments. These opinions may affirm, reverse, or nodify the decisions .of the trial court .or agency. The Supreme Court may send the case back for Like ether court systems of .our COilll"try, the 'New Hampshire courts a new trial in the lower court or fer further decision in the govern­ were established to settle disputes between citizens and to hear mental ,agency. case.c;; involving cr.imes aga:inst the public. Consider the follCMing: JOM Q. and Mabel Citizen are.driving through dCMntcMn Concord. The decisions of the Supreme Court interpret the la\'l so as to set Suddenly I their vehicle is struck fran beh:ind by a drunken driver. standards that may be fellowed in future cases. All the Supreme Court The .i.npact sends John into the dash. He is hospitalized for b.ro decisians are published in a book called th~ New I§mpshire Reports. weeks, and his spouse receives a serious back injury that doctors ag-.cee will cause her pain the rest .of her life. A newly organized Sentence Review . Division .of Superior Court has been established fer review of s~tences set by judges in criminal cases. Fortunately for JOM Q. Citizen and his spouse, two sets .of rules This three-judge panel has the power to affinn, decrease or increase a have been established that will previde them with the means .of settling criminal's sentence to our state t s prison. their problems: (1) Civil law, which will alloo both JOM and Mabel to seek lOOney damages fran the drunken driver for the injuries they The ten Probate Courts in the State deal with estates, trusts, and received, and (2) Criminal law, the law that gives the State the wills as well as adeptions and related matters. The ten Probate Judges I authority to prosecute the drunken driver for his wrong.' Because opened approximately 8,600 new files in 1977. ignorance of the law is no excuse for its violation, the drunken driver is responsible for his actions; JOM and Mabel will have their "day in ( court" and the low will have .once again deroonstrated. its pcMer to THE! JUDICIARY influence human behavior and relatienships. , r Our civil law has developed from the Constitution, court decisions In New Hampshire all judges are nominated by the Governor and confinned in previous cases, arid fran the specific laws passed by the Legislc;ture. by the five-member ExecUtive CeunciL, By law, all judges must retire In civil actions a jury generally finds the facts, illlless the parties from the NeW Hampshire Court System at age seventy. All judges are to the actien decide to try the case in front of a judge only, and. the subject to a code of ethics, known as the Code of Judicial Conduct, that resulting IIOney awarded to the winning party is k:ncMn as a verdict. In is enforced by the State Supreme Court. ~he Judges of the Suprerre and certain cases, a verdict in dollars will be inadequate to cure the Superior Courts, as well as some District Court Judges, serve full time damage done .or continuing cla;mage, as in the case of the SIOOldering dump 'and may not maintain a law practice. whose srroke or smell drives a hcmecMIler out of his heme. In such circumstances, a Court exercises what is known as its "equity powers" and issues a "decree" which, in the exarr~le stated, would order the THE ADVERSARY SYSTEN manager of the dump to correct the situation. Criminal law is a.lnost entirely defined by statutes (laws passed by The court system in New Harrpshire, like ether American court systems our Legislature and signed by .our Governol\) although court decisions and the system in G1:eat Britain, utilizes the adversary system of justice. interpret the statutory law. Cr.iIres are divided ~to two categories: This system asStlI'CeS that two lawyers arguing the opposite point .of view (I) Felonies, where the penalty may be a state'pr~son sentence from one will establish tl}e facts and present the law involved in the case.