After three months of investigation by the New Hampshire House of Representatives' Judicial Committee, State Supreme Court Chief Justice and Dartmouth Alumnus David Brock '58 will face three articles of impeachment before of the state's larger legislative body as early as July 12.
The Judicial Committee also recommended no action be taken against another Dartmouth graduate on the Court, Justice Sherman Horton '53, citing a lack of evidence to prove impeachment level offenses. The third judge in question, Justice John Broderick, was also exonerated.
The Committee's action could lead to the first impeachment of a chief justice in state history if the House decides to go forward with impeachment proceedings following its July 12 meeting.
In the recommendation, the Committee alleges Brock perjured himself in depositions and in testimony in front of the House's judicial body.
Charges of impropriety in Brock's practices of allowing judges who had been recused from specific cases to attend case conferences, as well as an article stating that the justice's other activities "in the aggregate" warranted impeachment were voted down.
Members of the Committee described the process as difficult with many members becoming frustrated, as the writing of the recommendations dragged on well into the evening.
At one point during the discussion Rep. Tony Soltani, R-Epsom, left the building.
"I've had enough of this crap," he said.
Other members also expressed frustration with the Chief Justice's alleged perjury.
"If there were any way I could, I would vote against this article of impeachment and let the Chief remain where he is," James Craig, D-Manchester told the Manchester Union Leader. "I can't do that because of the perjury."
Some members, however, had doubts over the issue of perjury.
Hanover's representative on the Committee, Democrat Martha Solow, said she was most inclined to vote for the perjury recommendation, "however that is the allegation least proved by anything we have done," she said.
Solow also said there was insufficient evidence for the Committee to recommend the impeachment of Broderick.
"Nothing in the behavior and actions and omissions of Justice Broderick rise to the level of impeachability," she said.
Soltani did suggest the Committee admonish Broderick, however the idea was rejected.
By not admonishing Broderick "we're in effect saying 'Nice going Judge Broderick,'" he said.
Other members of the Committee also said they did not believe Horton's alleged misconduct was impeachable or even worthy of reprimand.
"When you boil it all down for me," said Rep. Andrew Peterson, R-Peterborough, Horton is guilty of "being a human being, and perhaps having excessive candor," which, he said, "is not the definition of being a poor justice."
Some decided that, although no formal punishment was enacted by the Committee, the justices had already faced some de facto consequences of the probe.
"None of these gentlemen is being let off scot-free," said Rep. Cynthia Dokmo, R-Amherst told the Manchester Union Leader. "Their reputations are forever damaged by this process. They are blemished. They are damaged."
