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 Preshow #1 addressReturn to index of stories... |
Now on New Hampshire Outlook: How a rarely used provision in the state Constitution can be used to remove a judge from the bench. We'll look at the "drama" in one case -- and explore the "history" of the state's "bill of address". Then later. |
| Preshow #2 Garvin Return to index of stories... |
Looking back with D-B Garvin -- now marking 3 decades at the NH Historical Society. |
| Hello/Intro Address Return to index of stories... |
Hello. I'm Beth Carroll. Welcome to New Hampshire Outlook. For the third time in 70 years, New Hampshire lawmakers have heard arguments to unseat a state judge. A seldom-used provision in the state Constitution called a "Bill of Address" allows legislators to unseat judges with a lower standard than impeachment and no trial. On April 10th the Legislative "Bill of Address" committee heard arguments involving a Rockingham County Superior Court Justice. As Outlook's Phil Vaughn reports the State House hearing was full of testimony, accusations and drama. |
| Bill of Address Return to index of stories... |
N3 - If you've never heard of Bill of Address, rest assured you're not alone. The 18th century provision gives lawmakers the ability to unseat judges without impeachment. Rep to Marple 952 "If any constituent asked you to file a Bill of Address would you? ….absolutely." N4- The case while convoluted comes down to this. MacFarlane claims that Judge McHugh refused to accept evidence that might have reversed a divorce settlement from his second marriage. MacFarlane 1104 "I settled with my second wife in 1990 for $75,000." N5- Here's where things get murky. MacFarlane once lived in Connecticut. While there, he was married to Gloria MacFarlane - his first wife, from 1955 to 1969. That's when she presented her husband with a mail order Mexican divorce. MacFarlane moved to New Hampshire and married his second wife, Beryl Rich. That relationship was short lived. MacFarlane "It lasted about 120 days…" N6- By way of a prenuptial agreement, MacFarlane paid Rich the $75,000 settlement. While the divorce case was being appealed in court he learned that his first divorce might not have been legitimate. MacFarlane clip "heard about Mexican divorce scam…" N7- A Connecticut Superior Court nullified MacFarlane's first divorce on grounds that the Mexican divorce was not legal. With a decree in hand, MacFarlane entered a lawsuit in New Hampshire claiming that if he didn't legally divorce his first wife, he couldn't be married to his second wife. Therefore he deserved to get his $75,000 back. MacFarlane "I brought the court order to New Hampshire and Judge McHugh refused it. He violated his oath of office." N8- Judge McHugh dismissed the case - so MacFarlane appealed to the NH Supreme Court. MacFarlane - "The NH Supreme Court declined to hear it." N9 - And that's why he's here. MacFarlane clip Marple clip N10 - From 9 AM until noon, the Bill of Address Commission made up of six State Representatives and six Senators grilled Marples And had plenty of questions for MacFarlane. Series of tough questions Marples clip - "Most of what they were asking has nothing to do with this case…" N11 - Following a recess, witnesses spoke -- some opposed the Bill, others supported it. At 2 O'Clock it was Judge McHugh's turn. Series of McHugh sound N12 - During a pause in the testimony, MacFarlane had a question for the Committee. MacFarlane - "…when am I able to refute? You are not able to…" N13 - Testimony concluded and the Committee took a vote on whether to accept the Bill of Address. It was defeated 12 to 0. Sound of Chair Clip from McHugh - "it was a fair process/don't know how it got this far." Clip from MacFarlane - "they favored him…he's a liar." N14 - For NH Outlook, I'm Phil Vaughn. |
| Intro Address Conv Return to index of stories... |
Here to talk about the obscure constitutional procedure that allows lawmakers to unseat judges: Senator Iris ESTabrook, a member of the Bill of Address Committee, and Albert "Buzz" Scherr, a Law Professor at the Franklin Pierce Law Center. Welcome. Q BUZZ: Give us a little background on the state's "Bill of Address" and what it was designed to do??? ** around since 17-84 ** amended in 60's to add protections for judges -- **Under NH Constitution: the House investigates whether there are grounds to impeach a judge. the Senate holds a trial and, if convicted, decides the punishment. IMPEACHMENT implies a crime -- Safe to say: A bill of address is used for what might be termed bad behavior? Q SEN ESTabrook: The McFarland case. All it takes is just ONE complaint to trigger an Automatic hearing and vote??? Q SEN/BUZZ: ** A Bill of Address --involves LOWER standards of proof than Impeachment and No trial. Do you see inherent DANGERS in that? not supposed to be political payback- is it? ** SEN: The McFarland case took up a whole day. Was this a good use of legislative time? Q BUZZ: Why such a TUG OF WAR between the courts and Legislature??? Q Sen ESTabrook: What is the FEAR -- Judges LEGISLATING from the BENCH???? Q BUZZ: The Bill of Address was used in 2000 to impeach former Supreme Court Justice David Brock in the house -- he was later acquitted in the Senate. At the time it raised questions about how Judges are selected in NH? Does this all come down to a SEPARATION of POWER issue??? Q SEN ESTABROOK: Do we need revisions to the "Bill of Address"? Should it require a joint House/Senate panel to investigate -- before it goes to a hearing -- as some have suggested? Q BUZZ: **Does one ruling in a divorce case -- warrant Judge McHugh's removal from office? Does this have a chilling affect on judges -- or, give them pause -- which may not be a bad thing?? Q BUZZ: Play devil's advocate for us -- and Make the argument as to WHY this centuries old method of address should remain in tact? ** do lawmakers need an avenue for GREIVANCE Q Sen ESTabrook: What does a SPONSOR need to do to initiate proceedings in a Bill of Address case? Is it too EASY to file one? Q BUZZ: In 2005 we saw a ballot question that would have given the Legislature authority to set court rules? Q Sen ESTabrook: What did you LEARN from your EXPERIENCE? BUZZ: What do you see as the IMPLICATIONS of the Bill of Address? Q Rep Marple |
| Intro Garvin/museum Return to index of stories... |
Finally, Donna-Belle Garvin has been a fixture at the NH Historical Society for the past 30 years. She has seen changes in technology -- as well as philosophy. D-B Garvin, as she's known, recently shared her thoughts and memories with Outlook's Chip Neal at the Historical Society's Museum of New Hampshire History in Concord. |
| Tag Garvin Return to index of stories... |
You can Visit our website at nhptv.org/outlook for a link to the NH Historical Society's Museum of NH History. There you'll also find information about the museums upcoming programs and activities. Just a reminder-- NH Outlook is available online on-demand. At nhptv.org/outlook you can find streaming video of ALL of our broadcasts. |
| Goodnight Return to index of stories... |
That concludes this edition of New Hampshire Outlook. Thanks for watching. I'm Beth Carroll. I'll see you next time. |
| key: Crime / Legal Issues / Law Enforcement Return to index of stories... |
NEW HAMPSHIRE OUTLOOK Air Date/Time: 6/30/06 HOST: Beth Carroll Length: 9:40 minutes Now on New Hampshire Outlook: How a rarely used provision in the state Constitution can be used to remove a judge from the bench. We'll look at the drama in one case and explore the history of the state's bill of address. Then later. Looking back with D.B. Garvin, now marking 3 decades at the NH Historical Society. Hello. I'm Beth Carroll. Welcome to New Hampshire Outlook. For the third time in 70 years, New Hampshire lawmakers have heard arguments to unseat a state judge. A seldom-used provision in the state Constitution called a "Bill of Address" allows legislators to unseat judges with a lower standard than impeachment and no trial. On April 10th the Legislative "Bill of Address" committee heard arguments involving a Rockingham County Superior Court Justice. As Outlook's Phil Vaughn reports the State House hearing was full of testimony, accusations and drama. PRODUCER/REPORTER: Beth Carroll / Phil Vaughn NAME OF PARTICIPANTS: Rep. Richard Marple\ Merrimack, Rep. Stephen Shurtleff\ Merrimack, James MacFarlane\Claimant, Sen. Iris Estabrook\ District 21, Rep. Cynthia Dokmo\Chair, Bill of Address Committee, Judge Kenneth McHugh\Rockingham Superior Court |
| key: Crime / Legal Issues / Law Enforcement Return to index of stories... |
NEW HAMPSHIRE OUTLOOK Air Date/Time: 6/30/06 HOST: Beth Carroll Length: 9:45 minutes Now on New Hampshire Outlook: How a rarely used provision in the state Constitution can be used to remove a judge from the bench. We'll look at the drama in one case and explore the history of the state's bill of address. Then later. Looking back with D.B. Garvin, now marking 3 decades at the NH Historical Society. Here to talk about the obscure constitutional procedure that allows lawmakers to unseat judges: Senator Iris ESTabrook, a member of the Bill of Address Committee, and Albert "Buzz" Scherr, a Law Professor at the Franklin Pierce Law Center. Welcome. PRODUCER/REPORTER: Beth Carroll NAME OF PARTICIPANTS: Sen. Iris Estabrook\ District 21\Bill of Address Committee, Albert "Buzz" Scherr\Professor, Franklin Pierce Law Center |
| key: History Return to index of stories... |
NEW HAMPSHIRE OUTLOOK Air Date/Time: 6/30/06 HOST: Beth Carroll Length: 6:20 minutes Now on New Hampshire Outlook: How a rarely used provision in the state Constitution can be used to remove a judge from the bench. We'll look at the drama in one case and explore the history of the state's bill of address. Then later. Looking back with D.B. Garvin, now marking 3 decades at the NH Historical Society. Finally, Donna-Belle Garvin has been a fixture at the NH Historical Society for the past 30 years. She has seen changes in technology as well as philosophy. D.B. Garvin, as she's known, recently shared her thoughts and memories with Outlook's Chip Neal at the Historical Society's Museum of New Hampshire History in Concord. PRODUCER/REPORTER: Beth Carroll / Chip Neal NAME OF PARTICIPANTS: Donna-Belle "DB" Garvin\NH Historical Society |
| key: UNH Return to index of stories... |
No UNH stories |
| Tonight 7:30 Return to index of stories... |
Tonight on New Hampshire Outlook: Join us tonight at 7:30 only on New Hampshire Public Television. |
| WEB PROMO Return to index of stories... |
Tonight on New Hampshire Outlook. . Tonight at 10pm on New Hampshire Public Television. |