THE NEW HAMPSHIRE SUPREME COURT: A HISTORY OF CHANGE

By: Charles G. Douglas, III
and Jay Surdukowski

INTRODUCTION

The New Hampshire Supreme Court’s history has been marked by much change, more than one might think visiting its seemingly timeless walls, marked with portraits that exude a long history. The quiet of these portraits belies a history which is far from sedate. This article offers a general outline of the court’s evolution, as well as some of the characters, incidents, and cases that have defined its history. This article is more of an overview as opposed to an in-depth history. Nonetheless, the authors hope it is a useful guide to the court’s past and some of its personalities and an introductory point of departure for any student of the same. The impetus of this article is the launch of a “Road Show” to promote the newly-founded New Hampshire Supreme Court Society.

Part I is an overview of the court, including its general history, composition, and home. Part II is a history of the court. Part III explores the relationship between the court and the State Constitution. Part IV examines the waves of mostly politically-motivated judicial restructuring in the 1800s. Part V details mechanisms for removal of justices. Part VI introduces three justices who were signers of the Declaration of Independence. Part VII presents a gallery of biographical portraits of several major chief justices who have shaped New Hampshire legal history. Part VIII is a sketch of two justices who later served on the United States Supreme Court. Finally, Part IX takes a brief look at the court today which is marked by a dramatic increase in case load and corresponding egalitarian commitment to guarantee New Hampshire litigants one level of appellate review.