SUPREME COURT OF NEW HAMPSHIRE - COMMITTEE ON JUDICIAL CONDUCT AND PROFESSIONAL CONDUCT COMMITTEE, NOVEMBER 4, 1977 - MARCH 31, 1979 - EVALUATION

• NCJ Number: 56020
• Author(s): V GARRELL-MICHAUD
• Date Published: 1979
• Length: 10 pages
• Corporate Author: New Hampshire Governor's Cmssn on Crime and Delinquency
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America

Annotation

THE WORK OF TWO COMMITTEES ESTABLISHED BY THE NEW HAMPSHIRE SUPREME COURT TO INVESTIGATE ALLEGATIONS OF PROFESSIONAL MISCONDUCT AGAINST JUDGES AND LAWYERS IS DESCRIBED AND ASSESSED.

Abstract

THE COMMITTEE ON JUDICIAL CONDUCT WAS ESTABLISHED UNDER COURT RULE IN JULY 1977 FOR THE PURPOSE OF INVESTIGATING VIOLATIONS OF THE CODE OF JUDICIAL CONDUCT. THE PROFESSIONAL MISCONDUCT COMMITTEE WAS ESTABLISHED UNDER COURT RULE IN JUNE 1974 TO PROVIDE A MEANS BY WHICH COMPLAINTS AGAINST LAWYERS COULD BE CONSIDERED FORMALLY UNDER THE COURT'S JURISDICTION. THE SEVEN-MEMBER COMMITTEE ON JUDICIAL CONDUCT INCLUDES THREE JUDGES, TWO LAWYERS, AND TWO LAYPERSONS, EACH APPOINTED TO A 4-YEAR TERM. FIFTEEN COURT-APPOINTED LAWYERS AND NONLAWYERS SERVE 3-YEAR TERMS ON THE COMMITTEE ON PROFESSIONAL CONDUCT. FROM JULY 30, 1977, THROUGH DECEMBER 31, 1978, THE COMMITTEE OF JUDICIAL CONDUCT MET 9 TIMES AND RECEIVED 35 WRITTEN COMPLAINTS, OF WHICH 20 WERE DISMISSED AS WITHOUT MERIT OR BEYOND THE COMMITTEE'S JURISDICTION. OF THE NINE COMPLAINTS INVESTIGATED, EIGHT WERE EVENTUALLY DISMISSED. DISCIPLINARY ACTION WAS TAKEN AGAINST THE JUDGE IN THE ONE COMPLAINT FOUND MERITORIOUS. THE PROFESSIONAL CONDUCT COMMITTEE MET 7 TIMES FROM APRIL 1978 THROUGH JUNE 1978 AND CONSIDERED 15 COMPLAINTS. ONE OF THE FOUR HEARINGS THAT RESULTED FROM THE COMPLAINTS BROUGHT THE RESIGNATION OF AN ATTORNEY. ANOTHER MATTER EVOLVED INTO A 3-DAY HEARING BEFORE A JUDICIAL REFEREE THAT RESULTED IN THE SUSPENSION OF A LAWYER. ALTHOUGH THE COMMITTEES HAVE SEVERAL ADMINISTRATIVE DIFFICULTIES THAT LEAD THE EVALUATOR TO RECOMMEND AN AUDIT AND THE WITHHOLDING OF ADDITIONAL GRANT FUNDS UNTIL COMPLIANCE WITH LEAA FINANCIAL GUIDELINES CAN BE DOCUMENTED, IT IS CONCLUDED THAT THE COMMITTEES OFFER CITIZENS A MEANS OF RECOURSE FOR MISTREATMENT BY JUDGES AND LAWYERS AND MAY PREVENT PROFESSIONAL MISCONDUCT BY SERVING AS A DETERRENT AND BY PROVIDING A SYSTEM OF ACCOUNTABILITY. DETAILS OF THE COMMITTEES' OPERATIONS ARE INCLUDED. (LKM)