Written By Attorney R. Peter Decato.
A recent newspaper article indicates that about 60 court employees statewide could have their
jobs eliminated, reclassified or be demoted. For this to happen, the New Hampshire Legislature
need only approve a reorganization plan that will put district, family division and probate courts
under one rule. In my opinion, this is a mistake.
The idea is to combine the courts into a circuit court with shared management. Gone will be the local clerk, the person the local attorney knows and speaks to on nearly a daily basis. All this is being done, as I understand it, to save $1 million a year. It isn’t worth it! I’m as fiscally conservative as anyone, but I’d rather spend the $1 million and keep these folks on board. According to the article I read, there are now 52 clerks in the district, family division and probate system. The plan is to reduce the number to 21 clerks.
There now are 60 deputy clerks. The plan is to reduce this number to 28. It isn’t just the reduction in these numbers that bothers me, it is that they will be centrally located and will no longer be local.
For an attorney to function effectively, he/she must have a good, personal relationship with the clerks and deputy clerks. They must be able to trust you and you must be able to trust them. It’s a two way street. When the relationship and trust is there, the clients benefit. My impression is that the judiciary is simply caving in to the legislature. We are supposed to have three co-equal branches of government. While I can understand being fiscally prudent, the question for the judiciary should be: how does the judiciary carry out its
constitutional duties. Part I, Article 35 of the New Hampshire Constitution states: “It is essential to the preservation of the rights of every individual, his life, liberty, property, and character, that there be an impartial interpretation of the laws, and administration of justice. It is the right of every citizen to be tried by judges as impartial as the lot of humanity will admit.” In my opinion, our justice system works well when there is a local element to it.
We want an impartial administration of justice. That’s more apt to happen if we know our clerks and deputy clerks. Knowing them makes them accountable to us and we accountable to them. This “other way” will
create faceless relationships and justice will be meted out more “cold blooded” than ever before.
A recent newspaper article indicates that about 60 court employees statewide could have their
jobs eliminated, reclassified or be demoted. For this to happen, the New Hampshire Legislature
need only approve a reorganization plan that will put district, family division and probate courts
under one rule. In my opinion, this is a mistake.
The idea is to combine the courts into a circuit court with shared management. Gone will be the local clerk, the person the local attorney knows and speaks to on nearly a daily basis. All this is being done, as I understand it, to save $1 million a year. It isn’t worth it! I’m as fiscally conservative as anyone, but I’d rather spend the $1 million and keep these folks on board. According to the article I read, there are now 52 clerks in the district, family division and probate system. The plan is to reduce the number to 21 clerks.
There now are 60 deputy clerks. The plan is to reduce this number to 28. It isn’t just the reduction in these numbers that bothers me, it is that they will be centrally located and will no longer be local.
For an attorney to function effectively, he/she must have a good, personal relationship with the clerks and deputy clerks. They must be able to trust you and you must be able to trust them. It’s a two way street. When the relationship and trust is there, the clients benefit. My impression is that the judiciary is simply caving in to the legislature. We are supposed to have three co-equal branches of government. While I can understand being fiscally prudent, the question for the judiciary should be: how does the judiciary carry out its
constitutional duties. Part I, Article 35 of the New Hampshire Constitution states: “It is essential to the preservation of the rights of every individual, his life, liberty, property, and character, that there be an impartial interpretation of the laws, and administration of justice. It is the right of every citizen to be tried by judges as impartial as the lot of humanity will admit.” In my opinion, our justice system works well when there is a local element to it.
We want an impartial administration of justice. That’s more apt to happen if we know our clerks and deputy clerks. Knowing them makes them accountable to us and we accountable to them. This “other way” will
create faceless relationships and justice will be meted out more “cold blooded” than ever before.
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