Say NO on Question 2 – For Independence of the Courts

In 1783, New Hampshire’s forefathers decided to establish a constitution based on the federal of separation between the Courts, the Executive branch and the Legislative branch. No one branch should be so powerful as to take over another branch and each branch is charged with preserving the rights of its citizens.

A recent proposal of the New Hampshire legislature seeks to amend the NH constitution to inject, in our opinion, politics into the court’s rule making process. Presently, the court establishes its own rules. If question 2 passes and our constitution is amended, the NH legislature, one of the three branches of government, would charged with approving the court rules and taking a key aspect of autonomy away from the courts, the Judicial branch.

As a lawyer for 32 years, I have not always been happy with every judicial decision. I do however support the independence of the courts and would hate to see the legislature inject political policy into the process. We need to have independent courts where judges, appointed for life, have the courage to make the tough decisions. If the Legislature was looking over their shoulder when they have to make the tough decisions, would such a situation cause some judges to flinch? They need to be steady and keep their eyes on the school of law.

For more information on both sides of the issue and what you can do to help, see the New Hampshire Bar Association website

Articles contained here are not intended to provide legal advice, only providing general information. We encourage individuals to consult with an attorney regarding individual circumstances.