by Bruce L. Dorner
As more people move into our community, the need for support services increases. Today in Londonderry we no longer make trips to the dump and we have first-rate police and fire protection. However, even if we don’t call a police officer on a regular basis or need a fire truck at our house, we like to know that these services are only a phone call away.
There’s another component of government service that we don’t use as often as police and fire protection – the New Hampshire court system. Pause for a moment and consider that the court is nothing more than society’s complaint department. People from all walks of life bring their problems to the courthouse. They come because they are charged with a crime. They come because someone screwed them in a business deal. They come because their spouse is abusive or their kids got into trouble. They want someone else to fix the problem. They want results, and they want them now!
Obviously, citizens seeking assistance from the court are under stress and believe that, “I paid my taxes and I want a hearing and I want it now!” Unfortunately, with more and more people bringing their problems to the courthouse, there is a shortage of support staff to sort the problems, define the available remedies, and assign resources to each case. The clerks stand at the counter every day listening to society’s problems and offering assistance to walk-in complaints. It’s not much different from the complaint department at a large department store. There are rules to be followed. With the store, if you don’t have your receipt you can’t return the purchase. With the court, if you don’t fill out the paperwork properly, you can’t get relief. The court clerks are not legal advisors. They are administrators. They can suggest which forms you might need, but it is not their job to advise you how to fill in the blanks. Maybe you’re at the wrong court house for your type of problem? All of this adds to the frustration.
The lines at the courthouse are getting longer, the budget is getting tighter, and the time to get a resolution to a problem is increasing. Permit me to provide examples. In Derry, both the District Court and the Family Division have reduced their service hours. They now close at 3:00 P.M. so that the mountains of paperwork can be processed. You can’t get service in the late afternoon. In the Superior Court in Hillsborough County (Southern District), the marital division is so backed up that they can’t process requests for Orders of Notice to commence a divorce in less than eight to 12 weeks. In fact, if you call that court you can’t even talk with a person as they don’t have enough staff to man the phones. You leave a message and they call you back when time permits. Imagine the stress level in the household while waiting that long just to get a divorce started so that a determination can be made if one spouse or the other should be ordered to leave the house to avoid hostilities!
My clients expect their legal matters to move along smoothly. They call me asking what’s happening. Do we have a response from the judge? I am embarrassed to tell them it may take a few months before we get an answer as the judges are backed up, the clerks are overloaded and the technology at the court house is antiquated.
Is the problem easily cured? I doubt it. Is it purely a budget item? I doubt it. Is it solely a lack of staff? I doubt it. However, I am very comfortable saying that all the judges and all the clerks I have encountered are dedicated to delivering the best service they can provide. Do they need more money for automating the court system so that human resources can be better allocated? Yes! Would citizens get better service if they could access court records over the Internet? Would lawyers be able to advise their clients of the status of their case if records were searchable on the Internet? Would this reduce the number of phone calls the court clerks field on a daily basis? Would the clerks be able to handle a larger volume if all the records were computerized? For those in any business, we’ve seen the “new model” for business activities using electronic resources. Governor Benson has said that one of his goals is to increase automation of government services and the court is part of that machinery.
So, if you’ve enjoyed my diatribe from atop my personal soap box, consider talking with your friends and neighbors about their experiences with the court system. If they are as frustrated as I am, it’s time to start talking with your State Representatives and State Senators to encourage them to look carefully at the court budget requests and consider the need to provide quality services to the citizens of New Hampshire. Money won’t solve all the problems, but it surely will help to address some of the problems at the local court level. After all, as British Prime Minster Gladstone said, “justice delayed is justice denied.”
This article provides general information only. It is not legal advice. You should consult with your own attorney before making any legal decision.