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9 New Hampshire Bar News (n.s.) 1 (1998-1999)

handle is hein.barjournals/nhbn0009 and id is 1 raw text is: Periodical Postage Paid at Concord NH 03301

NEW HAMPSHIRE
Bar News

Au Official Pubtication of the New I tuaumtihirC Ilir Asuuciailion

VOL. 9, NO. 1 * JUNE 3, 1998

Over 350 Attorneys, .ldges Visit Schools
Bench and Bar Answer the
Bell to Educate Students

TiNS OF THOUSANDS of New I lampshire
students spent Friday, May 15,1998 participat-
ing in mock trials, debating concepts of Ctlnt
peting rights or judicial independence, broid-
ciing their in itids itnd seeing the huitan side of
their country's legal systet.
- The New Hanipshire Bar Association'sA
Lawyer and judge iti Every School day capped
Law Week with visits to it least 850 classes in
more than 200 schools, with Imost of the visits
occurring oo Friday, May 15. More tlii 350
attorneys ind judges participated its this year's
effort, and, according to estim tes, they spoke
with nearly 25,000 students.
Among members of the judiciary partici-
pating this year were Chief Justice David A..
,Bnqkiind AssociateJusticeJohn j. Broderick,
Jr., of the N.1-. Supreue Court; and from the
Superior Court, Robert J. Lynn, Philip S.
Holnman, Gillian L. Abramstn, Robert EK. N.H. Sulpre
Morrill, ind Master Harriet J. Fishna.    stlents.
For ntore than a dozen law firms, the school
visitation day capped it year of correspondence alnd
ongoing progranimnig with their adopted classroons.
(A fiollow-up article on the Bar's.statewiLC pilot Adopt-
a-Classrootm progrim will appear in a future Bar News
isste.)
Also during Law Week, Lawline was expantled to
three nights, with scores of callers' questions answered

TH DOCKET
4       Citizens Speak Out on the Law. At five
NIBA-sponsored Citizens' Ditlogues,
nmembers of the public have spoken out about tile
legil professiotin and tile justice system. Bar
President Patrick T. I layes cotoinents.
14IOLTA Granits Top $1 Million. The Bar
[ourtdation has anisouIced the recipients
of 1998 101-TA grantts, which exceed $1 million
for tile sectid consecutive year.
5   Seek Counsel, Of Counsel. Lawyers
and law firths involved in of counlsel
relatiotships nced to be aware of important ethical
and liability considcratiotis.
22 Domestic and Sexual Violence
2   Conference. The 4' Statewide
Conference tili Doimestic alnd Sexual Violence will
be held on June 18 and 19. Registration details are
inside. 1-i0t1. Susan I. Carboln reports.
27     Court Adrlesses Claremont Issues. 1tar
Nets publishes the complete text of the
Supreite Coutrt's isotice il tile Senate's request fior
aln opition of the justices and the court's decisioti
tin the use of judges 70 years tif age and older.

hy attorneys takitg calls in Dover, Concord aid Laconia.
Last mtonth, tile Bar leld two Citizen's Diailogue foruis
in Portsmouth atnd Lebanon, offering cit izeiss a chaince
toair their viewsoi our system ofijustice. (See President's
Perspective oni page 4.)
See pages 8-9 for photo coverage, vignettes from
three school visits, and tile Law Week Ilonor Roll.

In Memoriam
Warren C. Nighswander
WARI'N C. Nigliswander
treated tile itiighty aind the
mteek with\ the saiue respect-.
fill consideration, and they
ress iided iII kitid,said Mar-
til L. Gross, speaking at his
late partner'sficnral. Attor-  1
ticy Nighswimder, who wits
56, tied outside the Con-
cord YMCA on May 11,
1998, fillowing am itlid-diy
rnil.  llorl  inll  iconial oill
Jtune 5, 1941, Watrrenl
Nighswatider was the son of
attoriey Arthur II. and
Esther     (Richrlson) Warreii C. Nighsitumiider
Niglswmder of Laconii.
I lundreds of friends, fumily mltember, colleagie.s, aind
neighbits moIInme than filled time Centre Congregaitional
Church ill his hometown of Gilmanton oi May 14 to
reitettiber it torney Niglhswiinder, whi Wils a Ituenlier ifthe
Shilway & I llli firm in Concord. [lie githering icIdcd
individuils front maiy different batckgrounds, including
IN MFMORIAM Continued ol page 5

Justice Batchelder
Addresses Value of-
Independent Judiciary
By Dan Wise
TII IND1EPPNI)TF.NCI- 0F
NewvI ]ips .hire'sjuidiciirwt ,
has recently come into tie
Spotlight, in palrt tite tlo ihe
Supreme Cirt's Claremonti
11 schlo l-funding decision
in December.
Retired New lanlp.
shire Supremme Court Asso-
clite Justice William l .
Batchelder addresses th
timely subject in a tnajo~r
articlepublished in theJune
1998 issue of the New  Ihn. WilliamF. llatcherik-
Hampshire l3arJourmal, that
will be mailed in mid-Jute.
jtstlce Batchelder points out that it wasn't uftil fhe New
l-lampshire Constitution was amended in 1966 that the
state judiciary became a truly equal third bralch of
government. Before that, the courts were a political
football, whose structure and metbership had long been
vulnerable to the whims of the legislative alnd executive
branches.
In late 1996, the retired Supreme Court Associate
Justice was asked to uplate the late Richard F. Upton's
article, The Independence of the Judiciary in New
I latnpshirc, which appeared in tie debut issue of the liar
Jolnutl in 1959. Upton's article, which is reprintCd iln the
current edition of theJournlal, is become  andlimark in
New Hampshire legal scholirslhip. Both Uptonm and time
leJohn W. King, the inauguraleditor oftheJtmalwho
litter served is Governor of New Hampshite atd Chief
ustice of the N.H. Supreme Court, were to become
instrumTIental in the evolution of an independent judi-
ciary.
Batchelder recalls that Upton surprised many read-
ers when hC pointed out tile fragile foundaiitton tlpon
which our courts were positioned. The courts, Upton
recounts, were disbinded and recomnstituted titm le.s thian
seven  ittes between  1813 and 1901. Until tile constitu-
BATCHE*LDR Conlined on page 12
1998 Annual Meeting
June 25-28
Mount Washington Hold, Bretton Woods
Commuter registration and last minute
hotel information, page 11.

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