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Contact: Rachel Decker, Media Coordinator, HALT
rdecker@halt.org or 202-887-8255
Washington, DC
Today, the nation's first comprehensive study of the systems
that hold state and federal judges accountable ranked New Hampshire 13th in
the nation and issued the state's program a C grade. To shine a light on
the typically secretive and toothless systems that often fail to remove
abusive and incompetent judges from the bench, legal consumer watchdog
group HALT, Inc. released its 2008 Judicial Accountability Report Card,
analyzing programs in all 50 states, D.C. and the federal circuits.
"By barring consumers from discussing a complaint they have filed against a
member of the judiciary, New Hampshire rules infringe upon citizens' First
Amendment rights and prevent the public from learning when a judge has
abused his power on the bench," stated HALT Senior Counsel Suzanne M.
Blonder.
Blonder pointed to New Hampshire's "gag" rule which prohibits citizens from
mentioning the fact that they have even filed a complaint against a judge
until the state's Committee on Judicial Conduct files formal charges or the
complaint has been informally resolved or dismissed.
Additionally, while the Web site for the Committee on Judicial Conduct is
easy to navigate, it fails to provide a detailed explanation of the
disciplinary process, a database of past rulings against judges and a
section addressing consumers' most frequently asked questions.
New Hampshire rules do not place meaningful limitations on the
reimbursements and compensation that judges may accept in connection with
privately funded trips. "New Hampshire's laws unfortunately include
massive loopholes that still allow members of the judiciary to be wined and
dined on the corporate dime," noted Blonder.
However, HALT's study found that New Hampshire is one of the few states
where ordinary citizens outnumber judges and lawyers on the panel that
decides ethics complaints against judges. Three judges, one court clerk,
an attorney and six laypersons serve on the state's Committee on Judicial
Conduct.
None of the top five states-Washington, Connecticut, Pennsylvania, Arizona
and California-scored higher than a B average on the Report Card. More
than half of the states received grades in the C range and HALT issued D's
to 14 jurisdictions. Two states-Maine and Mississippi-flunked outright.
"At a time when the American public has lost faith in the impartiality and
fairness of the nation's judiciary, it's critical that we have an effective
system of oversight for judges," stated Blonder. "We hope that New
Hampshire's chief judicial officers will work to transform a mechanism
marred by secrecy into a system dedicated to upholding the integrity of the
judiciary."
Information about the Judicial Accountability Report Card, including New Hampshire's Report Card and a detailed grading scale, can be found at www.halt.org. Founded in 1978, HALT, Inc. is a nonpartisan, nonprofit public interest group that challenges the legal establishment to increase accountability in the civil justice system.
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