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Thursday, May 17, 2012

Alienating the Public's right to Integrity & Consistency

A foolish consistency is the hobgoblin of little minds, adored by little statesmen and philosophers and divines. Ralph Waldo Emerson

NH SB 354 a bill in Concord, NH
was initially described as Relative to the escrow fund for court facility improvements;
this article http://nhhousegop.com/house-leaders-comment-on-circuit-court-accountability-bill refer's to it as "...which provides authority to the presiding judge in each court district to have greater authority over personnel and management. This bill also gives $1.5 million to the electronic court system that is currently in the developmental stage. SB 354 passed 235 to 95."

Aah the last sentence was what this bill was suppose to be aimed at; however, O'Brien stated "Decentralizing power from Concord and giving authority to local towns will ensure an accountable, consistent and more efficient circuit court system. The needs for specific court districts vary greatly from community to community and this bill will allow for some autonomy in management practices."

Sorry, it you do not have a central source depicting Management practices a - home office lets say, imagine a restaurant chain like Burger King vs. Chick-fil-A; any branch you go to is consistently the same, the same food, the same wrapping; whats different is the way they treat their customers Chick-fil-A strives to "always be nice" Burger King not so much huge difference in customer service and how they prepare menu items. 

So at Chick-fil-A you find varying shades of  nicer and consistency across the nation in all its branches with the menu items from NH to California it will always taste the same. Burger King not so much, menu items are not consistently prepared the same and you will find customer service ranging  from nice to downright lazy and orders that are consistently wrong; this is our court system varying shades of wrong ranging from nosey, bitter, men and women clerks who do not answer questions, who do not process cases (the customer's order) the same and who do not do things in a consistent manner; the structure and workability of the circuit court system by allowing presiding judges to have some say in managing the personnel within their court as left or rather added into this bill http://www.gencourt.state.nh.us/legislation/2012/SB0354.pdf really ensures that the e-court system will lead to a even worst unfriendly court system for our citizens. Because there are no central guidelines for these "managers" to adhere to. 

The comment that Communities have different judicial needs is untrue communities with in the same State and Nation have the same judicial needs; they need justice, they need reliability, predictability and delivery on what they ask for - so the menu/rules need to be exactly the same across the board and prepared the same way (the rules aka menu items should also be readable; so comprehensible in fact that a 5th grader could execute them).  The rules aside if you walk into any Court in NH and ask a question and then walk into the Merrimack 9th Circuit and ask the same question the service there is one of the best a presiding Judge's grasp on customer service perhaps; but it is  what is needed in the Central Office and ensured across the board, by all Court Managers Judicial or otherwise.  A good cue to great leadership can be found in the people under them if they are generous and courteous to their employees it would be reflected in the way they deal with the public they are suppose to serve.

Hence a legislative/judicial committee that reviews and revises rules and understands the applicability of the those rules would in the end best serve the community; Chief Justice Dalanis concern for the unpredictability in egos to be appeased is found in the majority of Justices and its reflected in the people that work under them.

Each Justice demanding more control and moving away from set standards equates with Nixon;  it was accountability that he fear the most in the Watergate scandal and accountability is what Dalanis appears to be trying to achieve, it is also what the legislators know their constituents want and yet as they take two steps forward this shows only  taking steps right back to the present issues.

Judge Kelly's response here http://www.nashuatelegraph.com/opinionperspectives/961552-263/lawmakers-set-to-undo-circuit-court-achievements.html?CSAuthResp=1234%3A%3A4948%3A19%3A24%3Asuccess%3AA01A42337AA16FBA587CFF233F56607A shows that he is not consistent or taking responsibility for the flip flop in the house; 27 out 32 courts allegedly in compliance is not consistency across the board and constituents raise complaints in a number of other courts; a Judge not on the same case consistently causes delays even the ones consistently seen by the same Judge remain unresolved and are rescheduled on average up to 4 times or more before actually getting before the court.  Contempt in civil matters to be heard in 30 days of parents motion under NH RSA 461 A; is so unheard of you have to wonder why and what the Judicial system is doing to become compliant.

The Legislative is moving perhaps 2 steps back to take control of the Court's inconsistent actions across the board; The Judicial System needs to practice appeasement and get it right.
"In essence, if we want to direct our lives, we must take control of our consistent actions. It's not what we do once in a while that shapes our lives, but what we do consistently." Tony Robbins

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