Horton v. McLaughlin

821 A.2d 947, 149 N.H. 141, 2003 N.H. LEXIS 16
CourtSupreme Court of New Hampshire
DecidedFebruary 18, 2003
DocketNo. 2001-580
StatusPublished
Cited by7 cases

This text of 821 A.2d 947 (Horton v. McLaughlin) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Horton v. McLaughlin, 821 A.2d 947, 149 N.H. 141, 2003 N.H. LEXIS 16 (N.H. 2003).

Opinions

Per Curiam.

The petitioners, Sherman D. Horton, Jr., David A. Brock, and John T. Broderick, Jr., appeal an order of the Superior Court (Fitzgerald, J.) dismissing their petition for declaratory judgment and other relief in which they sought reimbursement from the State of New Hampshire for legal fees and costs incurred during the course of their impeachment proceedings. We affirm.

The following facts are relevant to the disposition of this appeal. At all times pertinent to this matter, the petitioners were members of this court; petitioner. Brock as Chief Justice, and petitioners Horton and Broderick as Associate Justices. On April 13, 2000, the New Hampshire House of Representatives adopted a resolution directing the House Judiciary Committee to investigate whether cause existed to impeach the petitioners. The Committee concluded its investigation on July 12, 2000. Consistent with the Committee’s findings and recommendations, the full House voted to present articles of impeachment against Chief Justice Brock to the New Hampshire Senate. The House also approved resolutions providing that cause did not exist to impeach Associate Justices Horton and Broderick. On October 10, 2000, following a trial, the Senate voted to acquit Chief Justice Brock of the charges against him.

During the course of the impeachment proceedings, Chief Justice Brock and Associate Justice Horton requested representation from the Attorney General of New Hampshire under RSA 99-D:2. The Attorney General denied their request, concluding that RSA 99-D:2 did not apply because impeachment proceedings were involved. In the same vein, following the conclusion of the impeachment proceedings, all three Justices unsuccessfully sought reimbursement of their legal fees under RSA 99-D:2.

The petitioners then filed a petition in superior court, seeking a ruling that they were entitled to reimbursement of attorney’s fees incurred as a result of successfully defending themselves against impeachment. The [143]*143petitioners relied on ESA 99-D:2, the common law, and the state and federal constitutions. The superior court ruled that the issue was nonjusticiable and dismissed the petition.

We agree with the superior court’s ruling on justiciability, and hold that the issue in this case is a nonjusticiable political question.

“[T]he political question doctrine is essentially a function of the separation of powers, ... existing to restrain courts from inappropriate interference in the business of the other branches of Government,... and deriving in large part from prudential concerns about the respect we owe the political departments____” Nixon v. United States, 506 U.S. 224, 252-53 (1993) (Souter, J., concurring) (quotations and citations omitted). In the New Hampshire Constitution, the principle of separation of powers is espoused in Part I, Article 37:

In the government of this state, the three essential powers thereof, to wit, the legislative, executive, and judicial, ought to be kept as separate from, and independent of, each other, as the nature of a free government will admit, or as is consistent with that chain of connection that binds the whole fabric of the constitution in one indissoluble bond of union and amity.

This doctrine “prohibits each branch of government from encroaching on the powers and functions of another branch.” Petition of the Judicial Conduct Comm., 145 N.H. 108, 109 (2000) (hereinafter “Petition ofJCC”) (quotations and citations omitted).

The principle of justiciability prevents judicial violation of the separation of powers by limiting judicial review of certain matters that lie within the province of the other two branches of government. See id. at 109, 111-12. “A controversy is nonjusticiable — i.e., involves a political question — where there is a textually demonstrable constitutional commitment of the issue to a coordinate political department____” Id. at 111 (quotations and citations omitted). Accordingly, if the text of the constitution has demonstrably committed the disposition of a particular matter to a coordinate branch of government, a court should decline to adjudicate the issue to avoid encroaching upon the powers and functions of that branch.

“[T]he impeachment of judges is demonstrably committed to the legislative branch by Part II, Article 17 of the New Hampshire Constitution.” Id. at 111-12. Indeed, impeachment is “exclusively a legislative prerogative.” In Re Mussman, 112 N.H. 99,100 (1972) (citation omitted). Specifically, Part II, Article 17 of the New Hampshire Constitution provides that “[t]he house of representatives shall be the [144]*144grand inquest of the state; and all impeachments made by them, shall be heard and tried by the senate.” (Emphasis added.) Correlatively, “[t]he senate shall be a court, with full power and authority to hear, try and determine, all impeachments made by the house of representatives----” N.H. CONST, pt. II, art. 38 (emphasis added).

The legislature has full authority to establish all rules, regulations and laws necessary and proper to carry out its constitutional mandate. See Petition of JCC, 145 N.H. at 112; see also Davis v. Sch. Dist., 44 N.H. 398, 404 (1862); cf. N.H. Const, pt. II, arts. 22, 37 (each legislative chamber makes its own procedural rules). Thus, the legislature’s exclusive power to conduct impeachment proceedings necessarily carries with it the full authority to make, implement and interpret rules pertaining to impeachment. Petition of JCC, 145 N.H. at 112 (challenge to delegated legislative authority to make rules governing impeachment is nonjusticiable absent “unusual circumstances”).

As an instance of this general principle, it is the legislature’s prerogative to make, implement and interpret rules pertaining to the provision of legal counsel for judges and other officials who are subject to impeachment, as well as rules pertaining to the reimbursement of their legal fees. See Hastings v. United States Senate, 716 F. Supp. 38, 40, 42 (D.D.C.), aff'd without opinion, 887 F.2d 332 (D.C. Cir. 1989) (Senate alone determines procedure on attorney’s fees for judges in impeachment proceedings); Mecham v. Arizona House of Representatives, 782 P.2d 1160, 1161 (Ariz. 1989) (court has no authority to award attorney’s fees incurred during impeachment proceedings absent constitutional or statutory authorization); Larsen v. Senate of Pennsylvania, 646 A.2d 694, 704 (Pa. Commw. Ct. 1994) (request for attorney’s fees and costs exclusively within power of Senate and cannot be invaded by courts). It is likewise the legislature’s prerogative to entertain requests for the same. See Hastings, 716 F. Supp. 38; Mecham, 782 P.2d 1160; Larsen, 646 A.2d 694; cf. Petition of JCC, 145 N.H. 108.

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Bluebook (online)
821 A.2d 947, 149 N.H. 141, 2003 N.H. LEXIS 16, Counsel Stack Legal Research, https://law.counselstack.com/opinion/horton-v-mclaughlin-nh-2003.