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 Preshow Return to index of stories... |
Next on New Hampshire Outlook. The Education Funding crisis is back in the State Supreme Court. We'll show you what happened INSIDE the courtroom. and hear from the attornies who argued their cases. |
| Headlines Return to index of stories... |
Welcome to New Hampshire Outlook. I'm Allison McNair. |
| Intro Supreme Court Return to index of stories... |
The New Hampshire Supreme Court soon will decide- whether to continue its involvement in the fight over how to pay for public education. The high court heard arguments Thrusday on both sides. Attorney Andru Volinsky - representing the coalition communities - argued that the state has not obeyed court orders to define and pay for an adequate education for all NH students. But attorney general Philip McLaughlin made the opposite case, arguing that the state has now done its duty. Producer Richard Ager was in the court and has this report. |
| Supreme Court Return to index of stories... |
Soundup: 09;28:14 "The first case this morning is 97-001. Claremont school district and Governor of NH et al." Track: As with most Supreme Court cases, both sides got right to the point. 09:29:00 This is a case about the education and future of the children of the state. Track: Andru Volinsky, lead attorney for the Claremont coalition, has accused the legislature of disobeying the Supreme court's 1997 Claremont Two decision. Bite: 09;33:42 The legislature and the governor were to define a constitutionally adequate education, they were to devise a system of delivery and devise a system of accountability. Would you agree with me? My question to you is - how many of those three are you challenging here today? Bite: 09:32:00 We're simply asking the court to lay on one side of the paper, the statutes and regulations that the state says define adequacy, and on the other side of the paper to consider the constitutional provisions and see if they match up. That's the broad statement of what we ask. Track: The Claremont Coalition is asking the court to order the legislature to come up with a comprehensive definition of an adequate education and a way to enforce it. That drew this response from Justice Nadeau, one of the three newer justices who never participated in the Claremont decision. Bite: 09:36:47 Irrespective of what has happened in the past, why we should now continue to exercise jurisdiction. We have a government of three separate branches. Why should we sit as a superlegislature and isn't that what you're asking us to do? Isn't that the first question we have to answer? Whether we should do that? Bite: 09:40:00 This court in context of this very case has exercised continuing jurisdiction and the parties have relied on that to their benefit. The state filed a motion to extend in 1998. In that motion, they appended affidavits, they made factual representations, we haven't done that. We ask simply that the court review the existing statutes and determine whether they are sufficient. One of the briefs has said that if we continue to exercise this jurisdiction, what we're going to do is stay here until you're satisfied that the legislature has acted the way you want it to act. Bite: 09:40:50 This court in 1997 issued a mandate. It is really for this court to determine - not me - not us - it is for this court to determine whether the state has met that mandate. Bite: 09:46:25 There have been only two states - only two states - that have resolved these education funding disputes without suit. Seventeen states have required court orders - in some cases multiple court orders. In this case, this issue has been before this court in some form for 30 years, since the 1971 laconia schools case. It's only in the last four years while this court has maintained continuing jurisdiction that any progress has been made. None until Claremont two and the continuing jurisdiction. If you change now, the perception will be that you have retreated from the field, whether it's from weariness or other reason, that will be the perception. Track: But Justice Nadeau responded that all cases must come to an end, and questioned the court's need to supervise legislation. Attorney General Philip McLaughlin seized on that point. Bite: 09:53:05 You have the opportunity in ruling on the narrow question before you today to make a very positive statement that reconfirms the proper form and scope of your appellate jurisdiction regarding acts of the legislature and the scope of the legislature's authority to enact education policy in the lawful exercise of its collective judgement. In doing so, you would honor the paramount importance among the branches of government of the separation of powers clause of the constitution. 09:53:54 There is neither the need nor the occasion at this time for you to reach the question of the constitutionality of the legislative definition of an adequate education. The court should take this occasion to close Claremont two. Track: Justice Nadeau repeated the plaintiff's fear that without the court's intervention, the legislature won't provide for education needs. Bite: 10:01:58 Democracies do not operate, your honor, on motivation supplied by judiciaries. They operate on the assumption that our legislature will be faithful to the constitution which now includes a fairly clear definition about the obligation by the state to provide education to its children as a fundamental right. Track: One dramatic moment came when Chief Justice Brock asked the attorney general: What if we rule against you? Bite: 10:14:31 With respect, I would say right now that this court does not have the authority to make further orders. Bite: 10:15:35 Did you just suggest to the court that if it were to find that the state had not complied with Claremont two, that it would be illegitimate for this court to make any further order? If you accept my premise that there is no longer jurisdiction, the answer is yes. Of course, you are the judge of your jurisdiction. I'm just curious as to the opinion of the attorney-general of this state - and I guess I have received it. Track: Both sides expect an expedited ruling - possibly within a few weeks. For NH Outlook, I'm Richard Ager. |
| Webcast Return to index of stories... |
You can watch the entire court proceedings on our website www-dot-nhptv-dot org. |
| Business Outlook Return to index of stories... |
In business - stocks rallied after one analyst's comments about Intel sent tech stocks sharply higher. Wall Street is betting techs will lead a recovery. And so the optimism spread to the broader market. |
| Wall Street Stocks Return to index of stories... |
The Dow ended up 98 points. The Nasdaq fared quite well, gaining 65 points. And the S and P 500 was up ten points. |
| NH Stocks Return to index of stories... |
Here's a look at stocks of interest to New Hampshire investors. Sanmina gained a dollar 64 cents a share, Teradyne is up two dollars and 73 cents. Texas Instruments rose a dollar 88, Tyco dropped two dollars and 27 cents, and Verizon stock ended the day up one dollar and 61 cents a share. |
| Hollis Conservation Return to index of stories... |
Hollis Conservation Commission members are looking to smooth out differences over the proposed purchase of 95-acres of forest land. The southern new hampshire town wants to spend 400-thousand dollars for the property's development rights. But the landowner doesn't want the property to be open to the public. Officials say the purchase would preserve the area's scenic nature. If it goes through, the purchase would be the commission's largest since it was formed over 30-years ago. |
| Intro Mt. Washington Return to index of stories... |
The southeast seaboard has seen its share of snow from an ocean storm - but it looks like we've missed out on this one. We checked in earlier with Meteorologist Nicole Plett at the Mount Washington Obeservatory for our foercast and for a glimpse at conditions on top of the mountain. |
| Mt. Washington Return to index of stories... |
Meteorologist Nicole Plette Mount Washington Observatory\Thursday On The Summit\Light snow showers, blowing snow, and fog\High: 6.5 degrees\Peak gust: 81 mph\Visibility: 1/16 of a mile Overnight\Statewide\Mostly clear \Lows: in the single digits\Winds: NW at 10 mph\ Friday\Statewide\Sunny \Chance of flurries - late\Highs: in the upper 20s\Winds: 5 to 10 mph |
| Intro Calendar Return to index of stories... |
From theatre and dance events to exhibits of arts and crafts, there seems to be no shortage of events going on around the state. In our weekly Arts calendar we take a look at just a few of them. |
| website Return to index of stories... |
For information on our program, and links to our guests and interviews, visit our web site at nhptv.org. You can also see and hear streaming video of our broadcasts. If you've got a story idea or comment on our program you can call us at 800-639-2721. |
| Tomorrow Return to index of stories... |
On the next New Hampshire Outlook - Journalists talk about the week's top stories - We'll look at - Opening day of the 157th legislative session. - The return of education funding return before the state supreme court - And a community's response to an anti gay protest at a New Hampshire High School. |
| Goodnight Return to index of stories... |
That's it for this edition of our program. For all of us here at New Hampshire Public Television, I'm Ally McNair. Thanks for joining us. We'll see you next time on New Hampshire Outlook. |
| founders Return to index of stories... |
Thanks to our founding sponsors who have provided major funding for the production of New Hampshire Outlook: New Hampshire Charitable Foundadtion Public Service of New Hampshire Alice J. Reen Charitable Trust Putnam Foundation Stratford Foundation |
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Tonight on New Hampshire Outlook. - from protests in Dover to the new legislative session in Concord, we'll put the week's headlines in perspective at 10pm only on Outlook. |
| Tonight 10:00 Return to index of stories... |
Tonight on New Hampshire Outlook. The Education Funding crisis is back in the State Supreme Court. We'll show you the courtroom arguments and put them into perspective with legal experts. Join us tonight at 10:00 only on New Hampshire Outlook. |
| Monday Return to index of stories... |
Tonight on New Hampshire Outlook. The State's Air National Guard plays a key role in the war against terrorism. We'll take you up on a refueling mission Tonight at 10pm only on Outlook. |
| Intro supco discuss Return to index of stories... |
The two men who presented oral arguments before the court - Attorney Andru Volinsky - representing the coaltion communities - and State Attorney General Phil McLaughlin are here to talk about today's proceedings. Also, with his perspective - former Attorney General Tom Rath. |
| Thank guests Return to index of stories... |
Thanks to my guests, Attorney Phil McLaughlin, Attorney Andru Volinsky and Tom Rath. |
| Other Headlines Return to index of stories... |
Other stories making headlines Thursday. |
| Bush Education NH Return to index of stories... |
Rumor had it President Bush was going to sign his new education reform bill in the Granite State next week. But, the rumor was wrong. State representative Norman Major told the told the Union Leader that Bush will sign his bill Tuesday at the University of New Hampshire. But an Ohio source told The Associated Press the signing is expected to take place southwest Ohio. Senator Judd Gregg staffer Joel Maiola confirmed that plan. Congress' recent passage of the education bill is a major victory for Bush. It requires standardized testing in reading and math for every child in grades three through eight, beginning in 2005. |
| key: government: state Return to index of stories... |
NEW HAMPSHIRE OUTLOOK Air Date/Time:1/03/02 / 2200 HOST: Allison McNair Length: 5:14 minutes In addition to a summary of the day's top New Hampshire stories, this edition of New Hampshire Outlook, NHPTV's nightly news magazine, included a report on the New Hampshire Supreme Court, which will soon make a decision whether to continue its involvement in the decision making of funding for public education. PRODUCER/REPORTER: Richard Ager NAME OF PARTICIPANTS: Justice John Broderick\NH Supreme Court Andru Volinsky\Attorney - Claremont Coalition Justice Joseph Nadeau\NH Supreme Court Philip McLaughlin\NH Attorney General NEW HAMPSHIRE OUTLOOK Air Date/Time:1/03/02 / 2200 HOST: Allison McNair Length: 14:40 minutes In addition to a summary of the day's top New Hampshire stories, this edition of New Hampshire Outlook, NHPTV's nightly news magazine, included an interview with men who presented oral arguments about the Supreme Court, which will soon make a decision whether to continue its involvement in the decision making of funding for public education. PRODUCER/REPORTER: Richard Ager NAME OF PARTICIPANTS: Phil McLaughlin\NH Attorney General Andru Volinsky\Claremont Coalition Attorney Tom Rath\Former NH Attorney General |
| key: culture/arts Return to index of stories... |
NEW HAMPSHIRE OUTLOOK Air Date/Time:1/03/02 / 2200 HOST: Allison McNair Length: 1:00 minutes In addition to a summary of the day's top New Hampshire stories, this edition of New Hampshire Outlook, NHPTV's nightly news magazine, included an arts calander with dates of artistic events going on around the state. PRODUCER/REPORTER: Richard Ager NAME OF PARTICIPANTS: |
| Child Literacy Bill Return to index of stories... |
New Hampshire's House took on an education bill of it's own. Members approved an early learning and literacy initiative championed by Governor Jeanne Shaheen. If passed by the Senate, the bill would establish children's literacy programs for parents as well as preschool and elementary school teachers. Shaheen praised the House action, saying early learning is "absolutely critical." |
| Daschle Letter Return to index of stories... |
U-S Capitol Police say white powder sent to Senator Tom Daschle is not dangerous. The envelope, found in Senate Majority Leader's office on Thursday, also contained a threatening letter. Capitol Police spokesman, Lieutenant Dan Nichols, says initial tests on the powder were negative for anthrax. But, he said he can't say if the substance was hazardous before it was irradiated with other incoming mail prior to it's delivery. Daschle recieved a letter containing anthrax last October, at his office in the Hart Senate Office Building. That office is still closed, as work continues to decontaminate the building. |
| Salvation Army Return to index of stories... |
A reduction in the hours their bell ringers could ring at some stores, and the diverting of funds to victims of the September Eleventh attacks, threatened the Salvation Army's annual holiday fundraiser. But those fears went unrealized in Manchester. Director Frank Childs says he's humbled by how many people dug a little deeper to donate money. Donations in the city went up 3 percent. In Nashua, donations were down about 15-hundred dollars. But officials there say they're satisfied with that result, because they'd posted bell-ringers at fewer locations than the previous year. |