New Hampshire Family Law Blog : New Hampshire Divorce Lawyer & Attorney : Crusco Law Firm : Family Law, Custody, Child Support : Manchester, New Hampshire, Massachusetts

Unprecedented times call for unprecedented measures. On days where the rest of the New Hampshire government remains open for business, the entire Judicial Branch will close and its employees will take unpaid furlough days in order to accomplish expenditure reduction. The Supreme Court explains these closures in Administrative Orders 2010-03 and 2010-05. The upcoming furlough days, in addition to the three days this spring, are:

• Friday, July 2, 2010
• Friday, August 6, 2010
• Friday, September 3, 2010
• Friday, October 8, 2010
• Friday, November 12, 2010
• Thursday, December 23, 2010

In addition to the furlough days, the courts have reduced their public office hours in order to reduce delays in processing orders and pleadings. In other words, so that it would not continue to take eight weeks or more for some courts to process and mail court orders, the clerk's office will close the front desk or window and turn off the telephone lines to concentrate on processing the orders. The public will not be able to reach the court during these times, though the court will remain open for scheduled hearing and mediations. The family division closures are as follows:

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Tomorrow, the legislature will hold hearings about proposed state budget cuts, including cutting the judicial branch's budget by an additional 4 million dollars. The hearing begins at 11:00 am and the public testimony will begin at 1:00 pm in room 210 of the Legislative Office Building. 

The legislature needs to hear from the families that this will effect, because this is not about the lawyers, judges and court staff but rather the victim of domestic violence who may not be able to get a restraining order because the court is closed, or the child who must wait for a year to be freed for adoption in a termination of parental rights case, or a single parent who must wait for months before obtaining a child support order. If your schedule allows, please attend the hearing tomorrow to voice to the legislature your opposition these detrimental cuts to the judicial branch budget. If you cannot attend, please call your representative.

More information about the proposed budget cuts to the judicial branch:

Broderick: Latest Cuts Are Too Deep, Concord Monitor, 4/9
Gov. Lynch Unveils $85 Million in Cuts Plus Layoffs, Union Leader, 4/8
CJ Broderick: April 8 Court budget letter to Gov. Lynch, 4/8
Senate Passes Bill to Spare Local Courts, Nashua Telegraph, 4/8
Fast facts about the judicial branch, 3/29
Rockingham Prosecutor Reams: 'A disaster for justice', Foster's, 3/20
 

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Jim Tenn, the President of the New Hampshire Bar Association sent the following letter to New Hampshire bar members today urging them to take action to help prevent further budget cuts to the judicial branch that would cripple the system. As a family law attorney who assists mothers, fathers and children in court everyday with critical issues such as support, domestic violence, and parenting time, I see no more room for cuts. A parent struggling to make the rent who needs child support will wait months more for that crucial court order.  A victim of domestic violence may not be able to obtain a restraining order because the court will be closed on furloughs. A child who is waiting to be freed for adoption will linger in the foster care system longer. I urge everyone, whether lawyer or layperson, to call your legislator and make your voice heard about these devastating budget cuts.    

Attorney Tenn's letter:

In a real surprise move earlier this week, the House Finance Committee made a series of budget decisions that include a disproportionate cut of $4.7 million in Judicial Branch funding for the fiscal year starting this summer.

The NH House of Representatives is likely to vote on an ADDITIONAL $47 MILLION in cuts to the state budget, including these additional, disabling justice system cuts – probably next Wednesday, March 24, 2010.

Impact: Court officials roughly estimate that this budget impact in one fiscal year, combined with reductions already absorbed by the justice system would require:

• layoffs of 90 employees throughout the courts, or

• 30 furlough days when courts will be closed.

Combined with positions already left vacant, this would deplete the judicial branch workforce of 600 by 23 percent.
 

The NHBA Board of Governors urges Bar members to

 CALL YOUR LEGISLATORS NOW and PROTEST THESE DAMAGING CUTS.

 

CRITICAL POINTS TO ADDRESS:

These cuts disproportionately impact the justice system.
The Judicial Branch is the smallest of the three branches; it accounts for 1.5 percent of the state budget, and yet is being targeted for 10 percent of these cuts. 

The justice system is fundamental to the operation of our government.
Because it is VITAL to our society, the system is MANDATED in our state Constitution. The justice system, widely dispersed so as to be ACCESSIBLE to all citizens in their communities, is part of the day-to-day working of our government.  These cuts may deny access to: families seeking protection from violence; law enforcement keeping citizens safe from wrongdoers; and businesses throughout our state depending on orderly dispute resolution.

Further cuts will be devastating.
The justice system will soon be feeling the effects of the $3.1 million in cost reductions mandated last fall, resulting in unpaid employee furloughs and the closing of courts for 19 days through this year and the next.

ADDED ON TOP OF THAT WOULD BE $4.7 million in cuts.  Massive layoffs will be required in the smallest branch of government.  The system will suffer permanent harm. 

Further court closure days will cause insurmountable backlogs, further inefficiencies, and real damage to the lives of people who depend on the justice system for timely resolutions.

Chief Justice Broderick’s March 8 letter to the Governor, written before this latest legislative action, details the current state of the courts.  It contains useful factual information. http://www.courts.state.nh.us/budget/fy-10-11-budget/letterfromcj-03-08-2010.pdf

WHAT YOU CAN DO

Attorneys must act now to contact members of the House; these citizen-legislators need to hear from you; they need to know that these cuts willbreak down the justice system.

And they need to hear from younow.  The full House is expected to act on the Finance Committee report containing these cuts NEXT WEEK. Because time is of the essence we urge you to CALL your New Hampshire House Representatives before Wednesday the 24^th. 

A phone call is PERSONAL and will enable you to communicate your concerns.

While legislators are faced with tough decisions, we must act now to preserve New Hampshire’s justice system. 

Visit the House of Representatives Web page at www.gencourt.state.nh.us, select your district, get your representative’s phone number, and make the call today: http://www.gencourt.state.nh.us/house/members/wml.aspx

Thank you!
Jim Tenn, NHBA President

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I came across a must read post by Robert Mues of the Ohio Family Law Blog about how to dress for court. With all the preparation going into your case, planning your attire is probably not high on your priorities. However, it is an important part of your presentation and the impression that you make on the judge can have a lasting effect.

Case in point: I was sitting in court waiting for one of my cases to be called and watching a hearing in progress. The case was a parenting action, with two pro se parents appearing before the judge on a contested temporary hearing. The mother appeared neatly groomed and dressed, and seemed reasonable and articulate when presenting her case. The father, on the other hand, was dressed in torn cargo shorts, a thin, white tank top and work boots. He appeared sloppy and careless, and despite the fact the he seemed to have some good points about his case, it was hard to overlook his exterior when assessing his credibility. A pair of slacks or khaki pants and polo shirt would have gone a long way.

Attorney Mues advises litigants to dress as they would for church or an important job interview. Good advice. I would add that you should not overdress either. If you work as a mechanic, and rarely dress in a suit, steer clear. If you are an accountant and go to work every day in a suit, it is a good choice. Pick an outfit that will give a good impression, but an outfit that you will feel comfortable with and fits your personality and profession.

So, while you are going over your testimony, reviewing your proposed orders and preparing your exhibits, take a few moments to pick out and press your clothing for court. Making that good impression will kick start a good presentation to the judge.

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Effective upon the opening of the new Manchester Family Division on November 12, 2009, the Administrative Office of the Courts has announced the following changes to the Family Division marital master assignments:

Marital Master Bruce Dalpra               
Dover Family Division
Brentwood Family Division (2-3 days per month)
 
Marital Master Robert Foley
Rochester Family Division
 
Marital Master Nancy Geiger
Manchester Family Division
 
Marital Master Leonard Green                         
Franklin Family Division
Hooksett Family Division
 
New Marital Master
Manchester Family Division 

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The Family Division is finally scheduled to open its doors in Manchester on November 12, 2009. Currently, domestic cases are scattered throughout the courts, with divorce, parenting and child support cases in Superior Court, juvenile matters in District Court and guardianships and termination of parental rights cases in Probate Court. In contrast, the Family Division courts have subject matter jurisdiction over all of these range of cases as listed in RSA 490-D:2 in one court. The family division hears actions for divorce, legal separation, civil union dissolution, parenting, domestic violence protection, delinquency, CHINS, abuse/neglect, termination of parental rights, guardianship of minors, and adoption actions which relate to any of the following: abuse/neglect, guardianship, or termination of parental rights proceedings.

Late this fall, all of these family cases from Hillsborough North Superior Court, Hillsborough Probate Court and the Manchester District Court will be consolidated into one court that will be located in the Manchester District Court at 35 Amherst Street, Manchester, New Hampshire. All Manchester cases will transferred to the Manchester Family Division, as well as cases from Amherst, Bedford, Lyndeborough, and Mont Vernon which will be heard temporarily in the Manchester Family Division until they are relocated to Merrimack or Milford in the next phase of the family division.

If you have a hearing scheduled after November 12, 2009 in a domestic case in the Hillsborough Superior or Probate Court or the Manchester District Court, make sure you check in with your court to confirm where your hearing will be.

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Governor Lynch has nominated four new superior court judges, including Hillsborough County Attorney Marguerite Wageling, Richard McNamara, a civil litigator from Wiggin & Nourie, PA,  David Garfunkel of Gallagher, Callahan & Gartrell, PC,  and Jacalyn Colburn of the New Hampshire Public Defender. Each nominee must be confirmed by the Judicial Counsel.

Source: Union Leader Hillsborough County Attorney prosecutor among four new judges.

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On July 1, 2009, the New Hampshire Supreme Court issued an order increasing the filing fees in all cases. The filing fee for a divorce without children is now $205, and a divorce with children or a parenting petition is now $207.

According the the media advisory posted by the court, the fee increase was necessary to continue to fund the services provided by the judicial branch.

Chief Justice John T. Broderick Jr. said the court's decision to change the fees came after state lawmakers asked each branch of state government to find ways to increase state revenue during a severe economic downturn. The Judicial Branch had suggested generating more revenue through fee changes during recent budget negotiations with House and Senate members.

“We have agreed to keep almost 60 staff positions open during the next biennium and will manage with reductions in our operations to meet the new biennial budget,” Chief Justice Broderick said. “In order to keep the system functioning and avoid even further reductions, we felt we had to ask court users to shoulder some of the economic strain on our state during this very difficult time, " the Chief Justice said. "We view our decision as a necessary step we had to take to assist the state in meeting its budget.These are unprecedented economic times,” he added.

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On April 1, 2009 the Laconia District Court and Laconia Family Division will open in new locations. Both courts will be located at:

The Laconia Courthouse
26 Academy Street
Laconia NH 03247
District Court: 524-4128
Family Division: 524-7755

The clerk's offices for both courts is in the process of moving from March 25th through March 31st , and therefore will be closed during that time. Hearings will proceed as scheduled at the current locations through March 31st, as well as requests for emergency relief.  

Source: New Hampshire Law Library.

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I previously posted about Governor Lynch's plan to close the budget shortfall by closing eight district courts, three of which house family divisions. One of those courts is the Colebrook District Court and Family Division, located in Northern New Hampshire's Coos County. The Union Leader published an article today by Lorna Colquhoun raising concerns about the closure of the Colebrook District Court in particular.

One issue is the greater distances small town police officers will have to travel to court, not only because of the additional cost, but also due to additional time that it will take them away from their duties in the town.

"It presents a big problem," said Pittsburg police Chief Richard Lapoint, who is his town's only full-time officer. "Time is a big factor. If I'm in Colebrook and something happens back here, I can respond just as quick as state police. From the police station to Lancaster is 55 miles and that can take an hour and 20 minutes to get back here."

Additionally, if the Colebrook court closes, parties will need to travel much farther to appear before the judge. Transfering operations from a court such as Hooksett District Court & Family Division to Concord District Court & Family Division where the locations are just thirteen miles apart with a large highway to travel up will not create such a hardship for the litigants. However, closing Colebrook and moving operations to Lancaster District Court creates a distance of at least thirty-seven miles, longer if the party is coming from the North side of Colebrook.

Colebrook police Chief Steve Cass and Lapoint cite

the example of a young mother in either community in need of a protective order. "Take a mother of two, who might be out of work," Cass said. "Dad has the only vehicle and now she has to try to get a ride to Lancaster to get before a judge."

If you have concerns about the court closures, make sure to contact your representative about the budget bills, which are due out of the finance committee on April 2nd and for a full house vote on April 8th.

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The Union Leader's Kathryn Marchocki reports that included in Governor Lynch's budget are plans to close eight district courts across New Hampshire. Governor Lynch hopes to save 2 million dollars by closing the courthouses. However, the savings come at the cost of making access to the judicial system more difficult for families. As the Union Leader's article points out, families who would have gone to the Colebrook District Court for relief would have to drive 37 miles to the Lancaster District Court if the plan goes through.

The courts that could close are as follows:

• Colebrook to merge with Lancaster
• New London to merge with Newport
• Claremont transfer operations to the Sullivan County facility in Newport
• Plaistow to merge with Salem
• Milford to merge with Merrimack
• Hooksett to merge with Concord
• Keene to transfer operations to Cheshire County facility in Keene
• Hillsborough to merge with Henniker.

New Hampshire district courts have jurisdiction to hear domestic violence petitions, small claims, landlord tenant matters, minor crimes and violations and civil cases in which the disputed amount does not exceed $25,000. In counties that do not yet have family divisions, the district courts also hear juvenile matters. In addition, in the counties that have formed family divisions, many of the district courts house the family divisions that hear divorces, parenting petitions, child support, guardianships, termination of parental rights, abuse/neglect cases, juvenile matters, and some adoptions.

The family divisions that will be affected under Governor Lynch's plan are located in the Colebrook, Claremont and Hooksett District Courts, who will all transfer operations to other county courthouses. Additionally, families in need of a domestic violence protective order would have to travel to other courthouses to gain access to the judicial system.  

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The Goffstown Family Division has opened in the new courthouse located at 329 Mast Road, Goffstown, New Hampshire. The Goffstown Family Division is the first Hillsborough County location to open, with Jaffrey/Peterborough and Manchester to follow later this year.  The court will serve the towns of Francetown, Goffstown, New Boston and Weare and Judge Paul Lawrence is the presiding justice.

The Family Division courts have subject matter jurisdiction over a range of cases in family matters listed in RSA 490-D:2. The family division hears actions for divorce, legal separation, civil union dissolution, parenting, domestic violence protection, delinquency, CHINS, abuse/neglect, termination of parental rights, guardianship of minors, and adoption actions which relate to any of the following: abuse/neglect, guardianship, or termination of parental rights proceedings.

Check the Family Division website to find out where your case will be filed.

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For litigants and practitioners in the Hillsborough North Superior Court, the following notice has been posted by the court:

Due to a plumbing emergency, the clerk's office at Hillsborough County Superior Court North in Manchester today is accepting pleadings and addressing emergency matters only. Court proceedings and hearings are going forward as scheduled. The clerk's office expects to return to a normal schedule by Thursday January 15, 2009. 

Address any questions to Superior Court clerk John Safford at 669-7410.
 

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