AMERICAN BAR ASSOCIATION TASK FORCE ON PRESERVATION OF THE JUSTICE SYSTEM NEW ENGLAND REGIONAL HEARING UNIVERSITY OF NEW HAMPSHIRE SCHOOL OF LAW RICH ROOM Thursday, May 26, 2011 Court Reporter: Liza W. Dubois, RMR, CRR New Hampshire CCR No. 104 2 1 WELCOME AND INTRODUCTIONS PAGE 2 Dean John T. Broderick 5 3 David Boies 7 Theodore B. Olson 9 4 5 6 7 PANEL 1 12 8 Theodore B. Olson Hon. Dennis W. Archer 9 Dean John Broderick Hon. Raoul G. Cantero 10 Carol E. Dinkins Peter T. Grossi, Jr. 11 12 13 STATEMENTS 14 Hon. Linda Stewart Dalianis 12 Chief Justice, New Hampshire 15 Hon. Jonathan Lippman 18 16 Chief Judge, New York 17 Hon. Paul Reiber 27 Chief Justice, Vermont 18 Hon. Chase T. Rogers 48 19 Chief Justice, Connecticut 20 Hon. Leigh I. Saufley 55 Chief Justice, Maine 21 Hon. Robert A. Mulligan 64 22 Chief Justice for Administration and Management, Massachusetts 23 3 1 2 PANEL 2 76 3 David Boies Elaine R. Jones 4 Hon. Gerald Kogan Mary McQueen 5 Stephen L. Tober William K. Weisenberg 6 7 8 STATEMENTS 9 Christopher Seufert 76 Attorney of Brian & Patricia Baxter 10 Kirk Simoneau 84 11 Attorney of Wayne & Kristy Haggie 12 Professor Laurence H. Tribe 107 Harvard Law School 13 Richard A. Samuels 125 14 Chair, New Hampshire Business and Industry Association 15 16 17 Lunch recess 137 18 19 20 21 22 23 4 1 PANEL 3 137 2 Lady Booth Olson Jude Del Preore 3 Ned Madeira Jon L. Mills 4 Tommy Preston, Jr. Thomas L. Sager 5 6 STATEMENTS 7 Hon. Norma Shapiro 138 US District Court Judge 8 Eastern District of Pennsylvania 9 Don R. Federico 157 President, Boston Bar Association 10 Paul M. Monzione 168 11 President, New Hampshire Association for Justice 12 Marilyn B. McNamara 178 13 President, New Hampshire Bar Association 14 Hon. Paul Suttell 194 15 Chief Justice, Rhode Island 16 William S. McGraw 207 Clerk, Merrimack County Superior Court 17 18 CLOSING REMARKS AND ADJOURNMENT 19 Theodore B. Olson 208 20 21 22 23 5 1 (Proceedings commenced at 11:07 a.m.) 2 DEAN BRODERICK: Can you all hear me? 3 CHAIRMAN OLSON: The ones that can't 4 aren't responding. 5 DEAN BRODERICK: The ones that 6 can't ... 7 Welcome this morning to the University 8 of New Hampshire School of Law. Those of whom who I 9 do not know, my name is John Broderick. I'm the dean 10 here. And before coming here, I was on our state 11 supreme court for 15 years. 12 This is a very important conference. 13 I want to welcome you, also on behalf of the local 14 cochair of which I am one, is Steve Tober, from 15 Portsmouth. Steve's on the ABA Board of Governors. 16 This conference would not be possible 17 without the people who are surrounding me. To my 18 right is Ted Olson, who -- along with David Boies, 19 are cochairing this event, and Lady Olson is the 20 honorary cochair of this event and will be hosting 21 a panel. 22 The issue that brings us here today 23 is fundamentally important not to the courts in the 6 1 narrow sense, but to the promise that the courts 2 represent, the constitutional promise the courts 3 represent. It's about people and access to justice. 4 It's about the promise, really. 5 Ted Olson and David Boies, to embarrass 6 them for a moment, are two of the most distinguished 7 lawyers in the United States. And for them to take 8 time out of what has to be an extraordinarily busy 9 schedule, not to come for a day or a morning, but to 10 make the kind of commitment that they've made to move 11 the needle on this issue nationwide is remarkable. 12 And for them to come here and for Lady Olson to come 13 here and spend this time and make this investment 14 really matters. 15 I want to congratulate Bill Robinson, 16 who's the president-elect of the American Bar. He 17 would have been here, as you saw on your program, as 18 a speaker, but his plane was delayed. So that's the 19 only reason he's not here. He's going to carry this 20 enterprise forward. Steve Zack, the current 21 president of the ABA, established this task force 22 because he realizes how important it is. 23 The last thing I want to say is how 7 1 honored we are at this law school to host this very 2 important conference. I want to thank my former 3 colleague chiefs from around New England and New York 4 and Massachusetts who have come here today. 5 I want to thank Professor Laurence 6 Tribe, who may have a few things on his schedule, but 7 he committed two years of his life at the Department 8 of Justice because he knows how important this is. 9 So welcome to all of you. I think this 10 will be a productive hearing. We look forward to the 11 testimony and I hope others here would like to say a 12 few words. 13 CHAIRMAN BOIES: We have a very full 14 and very important panel, series of panels, today, so 15 I'm not going to take up a lot of time. I just want 16 to emphasize that Ted and I are here because we 17 realize, and we hope all of you do and will even 18 more after this hearing, how important this issue is. 19 There's no issue that is more important to our 20 profession, and I would say to our country, than the 21 preservation of our justice system. It is, as 22 Justice Souter says, the safe place that our citizens 23 go when all other aspects of our society fail them. 8 1 And it is something that we depend on for our 2 economy, for our families, for our constitutional 3 rights, and for justice. And without the adequate 4 funding and until we restore adequate funding, the 5 promise of our justice system is going to be drained. 6 And we have, I think, a wealth of 7 knowledge here. I'm really in awe. I appear in 8 court a lot of times, I don't generally appear in 9 court before so many different chief justices, and 10 this is -- this is a great -- great opportunity for 11 all of us to learn. And I want to express our 12 appreciation for all of the time that you are giving 13 to this because we know how many other things you 14 have to do. 15 So thank you very much for being here 16 and let's get to it. 17 DEAN BRODERICK: Thank you very much. 18 CHAIRWOMAN OLSON: I would just like to 19 mention Mary Boies also -- David's wife, Mary -- 20 another brilliant lawyer who's been lending many 21 hours to this task force. She's not here today, but 22 I want to acknowledge her, and also the members of 23 the task force themselves, many of whom -- almost all 9 1 of whom -- are here. Amazing, remarkable dedication. 2 We've had three formal business meetings and one 3 other hearing in Atlanta on February 9th. And it's 4 been truly gratifying and thrilling to work with all 5 of you, and I just wanted to thank all of you for, 6 again, coming today. 7 CHAIRMAN OLSON: Thank you. We'll see 8 more of our cochairs during the course of the day. 9 We have the -- a task force, we've 10 divided our task force into three segments. We have 11 three basic panels during the course of the day: 12 David will be chairing one, Lady will be chairing the 13 other, I'm chairing the first one. 14 You all know why we're here, but I 15 will just say this, that our judicial system in the 16 United States is the envy of the world. It is 17 responsible for our liberties, our freedom, our 18 safety, and the success of our economy. 19 Our judicial systems consume something 20 in the neighborhood of one percent of the resources 21 that we generate in our state and federal 22 governments. A tiny fraction. There is no waste 23 in the judicial system. It is -- it runs itself on a 10 1 relatively small number of people and produces 2 justice for everyone in this country, whether we go 3 to court or not. We are protected by our judges and 4 our judicial system because they deal with the 5 criminal cases and the civil cases and keep peace in 6 our society and allow our economy to have 7 predictability and dependability and stability and we 8 are cutting out of the budgets for our judiciary more 9 than the system can tolerate. And when we need our 10 judicial system, one day, each of us who will, it 11 won't be there or it won't be there on time. And 12 justice denied or justice delayed is justice lost. 13 So that is -- Steve Zack appointed 14 David and I and this task force to do two things: 15 To bring attention to the problem, to make people 16 realize the magnitude and the severity and the impact 17 of the problem, and to motivate lawyers and citizens 18 throughout the United States to do something about 19 it.