Monday, December 22, 2008

Justice on the cheap.

To save money (not that much money, really, in the scheme of things), the Chief Justice of the New Hampshire Supreme Court plans to suspend all jury trials--civil and criminal--for one month early next year.
Robert J. Lynn, chief justice of the superior courts, which conduct all New Hampshire jury trials, said he fears the delays inevitably will cause damage. "There is some element of 'justice delayed, justice denied,' no doubt about it," he said.

Christopher Keating, executive director of the New Hampshire Public Defender program, said his chief concern now is "people in custody who will endure delays in getting their day in court."

The state Supreme Court threw out two criminal cases this year because trials did not begin within six months of arraignment, the legal limit. Prosecutors fear more cases may be dismissed...

The delays may encourage some defendants to seek plea deals, or litigants to settle out of court...

"You're talking about erosion of our fundamental civic fabric," said Ellen J. Shemitz, executive director of the New Hampshire Assn. for Justice, which represents civil trial attorneys.

James J. Tenn Jr., incoming president of the state's bar association, said that as the crisis has grown, New Hampshire courts have been slow to process orders, respond to lawyers' requests and "do the daily work."

"We've just seen delay after delay after delay," said David Slawsky, a civil lawyer in Manchester. "The court process is breaking down."
Chief Justice Broderick also intends to purposely leave vacant over 10% of the state's trial court judgeships, as well as possibly 1 of the state's 5 Supreme Court slots (notably, the NHSC is the small state's sole appellate court).

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