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S

TATE OF

N

EW

H

AMPSHIRE

J

UDICIAL

C

ONDUCT

C

OMMISSION

Report of the Judicial Conduct Commission for Fiscal Year 2003

Pursuant to RSA 494-A:3, II (b) the Judicial Conduct Commission respectfully submits this

report “detailing the performance of the Commission for the preceding fiscal year.”

The Judicial Conduct Commission was created by Chapter 267 (Senate Bill 197) of the 2001

legislative session to provide an independent forum for evaluation of complaints about conduct

of judges. The Commission may discipline judges by censure or reprimand, or may recommend

suspension by the Supreme Court or impeachment by the Legislature.

Membership

The Judicial Conduct Commission consists of members from a variety of backgrounds, including

a majority of lay people as well as three judges and two lawyers.

Chairman: Donna Sytek of Salem, former Speaker of the House, appointed by the Speaker;

Vice Chairman: Joseph M. McDonough of Manchester, attorney, appointed by the president of

the NH Bar Association and approved by the Governor;

Judge Arthur Bean of Bedford, retired from Superior Court, appointed by the Supreme Court;

Mary Brown of Chichester, writer, accountant and former legislator, appointed by the Senate

President; (resigned November 11, 2002)

Patricia Dowling of Derry, Realtor and former legislator, appointed by the Senate President

(completing Mary Brown’s term);

John Grimes of Dover, retired engineering manager, appointed by the Governor;

Judge Richard Hampe of Concord, Judge of the Merrimack County Probate Court, appointed

by the Supreme Court;

George Hurt of Gilford, insurance agency owner and former legislator, appointed by the

Speaker;

Judge John Korbey of Salem, Judge of Salem District Court, appointed by the Supreme Court;

Margaret Lynch of Keene, former legislator and former Registrar of Keene State College;

appointed by the Governor;

Thomas Moses of Keene, auto center general manager, appointed by the Senate President; and

Kimon Zachos of Manchester, attorney, appointed by the president of the NH Bar Association

with the approval of the Speaker and the President of the Senate.

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Judicial Conduct Commission Annual Report for FY2003

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Staff

The Commission employs an office administrator to handle clerical and administrative tasks. To

conserve funds and because of the relatively light workload, the Chairman has been performing

the duties of the Executive Director.

Budget

Of our original appropriation of $375,000, the Commission lapsed $150,000 in April, 2003 and

another $76,382 at the end of the biennium. Our proposed budget of $185,172 for FY2004 and

$188,879 for FY2005 was adopted, subject to a footnote applicable to all state agencies reducing

by 10% the lines for out-of-state travel, office expenses, and memberships and dues. This will

allow us to hire professional assistance to conduct investigations and any formal disciplinary

hearings should the need arise.

Corrective Legislation

As a result of a problem we encountered during an investigation of a juvenile proceeding, the

Commission worked with members of the House and Senate Judiciary Committees to draft and

pass into law House Bill 564 creating an exception to allow a judge to disclose certain

confidential information as part of an investigation by the Judicial Conduct Commission.

Members and staff of the Judicial Conduct Commission continue to be bound to keep any such

information confidential.

Website

With the assistance of the State Library, the Commission maintains a homepage on Webster, the

official state website. Our Internet address is www.state.nh.us/jcc. This site provides links to the

Code of Judicial Conduct, our rules, grievance forms, and minutes of our meetings, as well as

contact information. We are in the process of updating our website to include frequently asked

questions and to make it possible to complete the grievance form on the computer before printing

it out and signing it under oath.

Consideration of grievances

The Commission meets regularly on the second Friday of the month at our office in Bow. For

the period from July 1, 2002 to June 30 2003, we had considered and dismissed or otherwise

disposed of complaints against 27 judges, 5 masters, and 5 clerks. Some cases involve multiple

grievants or more than one judge, and some grievants file more than one complaint.

Our standard grievance cover sheet (attached as Appendix A) informs the grievant about our

rules and helps him or her organize the complaint for our consideration.

When there is a complaint about the judge’s remarks, temperament, or tone of voice, the

Commission reviews the transcript or audiotape recording of the proceeding giving rise to the

grievance to confirm or disprove the allegations of misconduct.

The most common reasons for dismissing a complaint are that, after review of the record, we

simply found no violation of the Code of Judicial Conduct, or that the grievance is based on the

findings, rulings, or decision of a judge or master. Frequently the grievant is unhappy with the

outcome of his or her case and complains about the judge’s decision. Accusations of bias are

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Judicial Conduct Commission Annual Report for FY2003

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common, and the Commission carefully reviews all the documentation provided by the grievant

and acquired during the investigation before making a determination. With rare exception, it is

not a violation of the Code of Judicial Conduct for a judge to make a decision, even if it is in

error. The remedy in such a situation is not with the Commission, but through an appeal.

Occasionally we will dismiss a complaint because it concerns conduct that occurred prior to the

3-year statutory limit, or for a violation of the confidentiality required by our rules during the

investigation. Until the adoption of the new law requiring the Commission to consider all

complaints, we dismissed grievances that had also been filed with the Supreme Court Committee

on Judicial Conduct.

In some cases, during the course of its investigation of a grievance, the Commission may vote to

informally resolve the matter with the consent of the judge. Such informal resolution may take

the form of written advice or admonishment, the requirement of remedial action, or the

imposition of conditions, or any combination thereof.

Statistical data on cases for fiscal year 2003 are in Appendix B.

Under the Commission’s Procedural Rules, files of dismissed cases are available for public

inspection after redaction of identifying information about the person complained against. If,

after preliminary investigation, the Commission finds probable cause to believe a judge has

violated the Code of Judicial Conduct, the file and proceedings will be public. We have not yet

had a case meeting this criterion.

Concerns

1. Duplication of Effort

The Judicial Conduct Commission was created with the expectation by the Legislature that the

Supreme Court Commission on Judicial Conduct, which has the same duties, would be

disbanded. That expectation proved to be incorrect. Thus, two similarly named panels are

operating in parallel, costing taxpayers money, and causing much confusion for the public.

Moreover, Section 172 of House Bill 2 and its successor, House Bill 4, state that “All complaints

against judges, as defined in RSA 494-A:2, IV, and clerks, as defined in RSA 494-A:2, I, shall

be directed to the Judicial Conduct Commission.” Because of this provision, we have suspended

our procedural rule that requires a grievant to choose only one forum for his or her complaint.

Since July 1, 2003, we have received and disposed of several complaints filed with both

committees.

2. State Directory Errors

It is a continuing frustration that those looking for information about the Commission have great

difficulty locating our telephone number or website in state publications. Even though we are an

independent agency, the new state telephone directory mistakenly lists us under Administrative

Services. (Who looks for Judicial Conduct under the A’s?) Additionally, a search for “Judicial

Conduct Commission” on the state website provides links to the Supreme Court Committee on

Judicial Conduct instead of to us. While it is possible to access our phone number by entering

our name under “Current Topical Listings,” we are not listed anywhere under the link entitled

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Judicial Conduct Commission Annual Report for FY2003

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“State Agencies.” So far we have been unsuccessful in getting these errors corrected. It is

amazing that anyone can find us.

Conclusion

The volume of complaints during our 18-month existence has been light, but that may be

attributable to our status as a fairly new entity, some confusion about the role of the Commission

vis à vis the Supreme Court Committee, and the difficulty of finding us through state directories.

We are planning to develop and distribute brochures to acquaint interested parties with our

existence and our mission.

There may be mixed reaction to the fact that all the complaints we received were eventually

dismissed or informally resolved. Be assured, however, that the Commission takes its

responsibility seriously and carefully evaluates each complaint on its merits, sometimes asking

the grievant for more information and frequently asking the person complained against to

respond to our inquiries. We have been gratified at the courtesy and timeliness of such responses

from judges, masters, and clerks.

Respectfully submitted,

Donna Sytek, Chairman

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Judicial Conduct Commission Annual Report for FY2003

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Appendix A

State of New Hampshire

Judicial Conduct Commission

Grievance Cover Sheet

Your Name________________________________________________________________________________

Street_____________________________________City/State/Zip____________________________________

Telephone_____________________________E-mail_______________________________________________

Please note that the Commission has no authority to change a judge’s decisions or rulings. Our jurisdiction

extends only to conduct that violates the Code of Judicial Conduct, which may be found at www.state.nh.us/jcc.

Additionally, our rules prohibit us from considering conduct that occurred more than three years ago.

In order to help the Commission understand the circumstances and specific conduct that you are complaining

about please furnish the following information:

Name of Person(s) you are complaining about (Judge, Master, Clerk, Register, or other person):

__________________________________________________________________________________________

Court where conduct occurred _________________________________________________________________

Name of the case____________________________________________________________________________

Docket Number____________________________________________________________________________

What is the status of this case? ________________________________________________________________

Date(s) of Conduct __________________________________________________________________________

Did you witness the conduct in question? Yes No

If not, how were you affected by the conduct?____________________________________________________

__________________________________________________________________________________________

Describe the conduct you are complaining about and summarize the supporting evidence:

__________________________________________________________________________________________

__________________________________________________________________________________________

__________________________________________________________________________________________

__________________________________________________________________________________________

__________________________________________________________________________________________

__________________________________________________________________________________________

I swear or affirm under pains and penalties of perjury that the information contained in this grievance is true to

the best of my knowledge.

Signature_____________________________________

Date_______________________________

Commission rules require that you keep confidential the fact that you have filed a grievance until the Commission brings

formal charges against the judge or otherwise disposes of the grievance.

Mail to:

Judicial Conduct Commission, 501 South Street, Bow, NH 03304

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Judicial Conduct Commission Annual Report for FY2003

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APPENDIX B

Statistical Breakdown of Judicial Conduct Commission Caseload

July 1, 2002 - June 30, 2003

Case No.

Date

Date

Judge

Clerk or

Outcomes

Received Disposed

Register

Dismissed*

Master

Distr

ict

Superior

Probate

Supreme

Distr

ict

Superior

Probate

Supreme

No violation

Decisions

SCCJC

Untimel

y filed

Confidentiality

Reconsideration

Informal Resolution

Warning Censure

02-014

03/22/02

07/12/02

1

1

02-019

06/04/02

08/16/02

1

1

1

02-020

06/19/02

08/16/02

1

1

1

02-021

07/09/02

07/12/02

1

1 1 1 1

02-022

07/29/02

08/16/02 1

1

02-023

08/14/02

08/16/02

1

1

1

02-024

09/17/02

10/11/02

1

1 1

02-025

09/23/02

10/11/02

1

1

02-026

10/24/02

11/08/02 1

3

1 1 1

02-027

11/04/02

12/13/02

1

1

02-028

11/18/02

02/14/03

1

1

02-029

11/20/02

02/14/02

1

1

02-030

11/22/02

01/10/03

1

1

02-031

11/22/02

12/13/02 1

1

03-001

02/06/03

02/14/03

1

1

03-002

02/08/03

04/11/03 1

1

1

03-003

02/12/03

03/14/03

3

1

03-004

02/19/03

03/14/03 1

1

03-005

04/09/03

05/16/03

1

1

03-006

04/10/03

05/16/03

2

1

1

03-007

04/18/03

05/16/03

1

1

03-008

04/18/03

05/16/03

1

1

03-009

04/21/03

05/16/03

3

1

1

03-010

04/25/03

05/16/03

1

1

1

03-011

05/14/03

06/13/02

1

1 1

TOTALS:

25

Cases

5

6

19 7

2 1 1 0 0

*Dismissed on the grounds that the Commission found

No violation of the Code of Judicial Conduct

The complaint was based on the findings, rulings and decisions of a judge

and

a

substitute

for

appeal

The complaint was filed with the Supreme Court Committee on Judicial Conduct

The complaint was filed after the 3-year

statute

of

limitation

The complaint violated the Commission's confidentiality rule

The complainant requested reconsideration of the Commission's decision

5

9

7

0

3

1

1

1

4