REMARKS OF ROBERT J. LYNN ON TAKING THE OATH AS AN ASSOCIATE JUSTICE OF THE NEW HAMPSHIRE SUPREME COURT December 17, 2010

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Gillian Lewis
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1 REMARKS OF ROBERT J. LYNN ON TAKING THE OATH AS AN ASSOCIATE JUSTICE OF THE NEW HAMPSHIRE SUPREME COURT December 17, 2010 GOVERNOR LYNCH, MEMBERS OF THE EXECUTIVE COUNCIL AND THE LEGISLATURE, JUDGES AND RETIRED JUDGES OF THE SUPREME AND SUPERIOR COURTS, JUSTICE SOUTER, MEMBERS OF THE ADMINISTRATIVE COUNCIL, FAMILY AND FRIENDS, THANK YOU ALL SO VERY MUCH FOR TAKING TIME OUT OF YOUR SCHEDULES, ESPECIALLY AT THIS PARTICLARLY BUSY TIME OF YEAR, TO BE HERE THIS AFTERNOON TO HELP ME MARK THIS VERY SPECIAL OCCASION IN MY LIFE. TO PUT YOUR MINDS AT EASE, LET ME BEGIN BY SAYING I HAVE NO INTENTION OF DELIVERING A LONG-WINDED SPEECH. I WOULD, HOWEVER, LIKE TO TAKE JUST A FEW MINUTES TO RECOGNIZE AND THANK SOME PEOPLE WHO HAVE PLAYED AN IMPORTANT ROLE IN MY BEING HERE TODAY. FIRST AND FOREMOST, TO MY WIFE, DINA CHAITOWITZ, THANK YOU FOR YOUR LOVE AND SUPPORT AND FOR BEING PART OF MY LIFE OVER THE LAST FOURTEEN YEARS. DINI IS ONE OF THE SMARTEST, MOST HARWORKING LAWYERS I HAVE EVER MET, IN ADDITION TO BE A WONDERFUL MOTHER AND LIFE PARTNER. SHE IS UNQUESTIONABLY THE LEADER OF OUR FAMILY.

2 TO MY SON SAM, MY DAUGHTERS JESSIE AND KACEY (AND JAMIE ALSO, WHO LIVES IN MONTANA AND COULD NOT BE HERE TODAY), I AM SO VERY PROUD OF ALL OF YOU. MY DAUGHTERS HAVE GROWN TO BE STRONG, INDEPENDENT-MINDED WOMEN, EACH OF WHOM HAS CHARTED HER OWN COURSE AND ALL OF WHOM ARE TERRIFIC MOTHERS TO MY SEVEN GRAND CHILDREN, WHO ARE GROWING UP FAR TOO FAST. AS FOR SAM, IT SEEMS LIKE IT WAS ONLY YESTERDAY THAT I WAS WRAPPING HIM UP IN A BABY BLANKET, YET NOW IN A FEW WEEKS HE WILL TURN 13 AND NEXT SPRING HE WILL BE BAR MITZVAHED. NEXT, I WANT TO EXPRESS MY SINCERE THANKS AND APPRECIATION TO GOVERNOR LYNCH AND THE MEMBERS OF THE EXECUTIVE COUNCIL FOR NOMINATING AND CONFIRMING ME TO THE SUPREME COURT. I AM VERY DEEPLY HONORED BY THE TRUST AND CONFIDENCE YOU HAVE PLACED IN ME BY APPOINTING ME TO THIS HIGH POSITION IN STATE GOVERNMENT, AND I PLEDGE TO YOU THAT I WILL NOT LET YOU DOWN. TO MY DEAR FRIEND BILL SHAHEEN, THANK YOU FOR BRINGING ME TO THIS WONDERFUL STATE BY HIRING ME AS AN ASSISTANT U.S. ATTORNEY WHEN YOU WERE THE UNITED STATES ATTORNEY FOR NEW HAMPSHIRE DURING THE LATE 1970s. THAT POSITION GAVE ME THE OPPORTUNITY TO LEARN TO BE A TRIAL LAWYER, AND TO WORK WITH SOME TRULY OUTSTANDING COLLEAGUES, CHIEF AMONG THEM BEING 2

3 STEVE GORDON. AFTER THEIR PUBLIC SERVICE, BILL AND STEVE TOOK THE EXPERIENCE WE ALL HAD GAINED AND THE REPUTATION THE OFFICE HAD EARNED AS TOUGH, BUT FAIR, PROSECUTORS, AND OPENED A START-UP LAW FIRM, WHICH TODAY HAS GROWN TO ONE OF THE TOP LAW FIRMS IN THE STATE, SHAHEEN & GORDON. TO SENATOR (THEN GOVERNOR) GREGG, THANK YOU FOR APPOINTING ME TO THE SUPERIOR COURT. 18 YEARS AGO TODAY TO THE DAY WAS MY FIRST DAY ON THE JOB AS A SUPERIOR COURT JUDGE, AND AS I HAVE SAID MANY TIMES, THERE HAS NOT BEEN A DAY OVER ALL THOSE YEARS WHEN I DID NOT WAKE UP IN THE MORNING AND LOOK FORWARD TO GOING TO WORK. TO FORMER GOVERNOR BENSON, THANK YOU FOR GIVING ME THE OPPORTUNITY TO SERVE AS CHIEF JUSTICE OF THE SUPERIOR COURT FOR THE LAST SEVEN YEARS. IT HAS BEEN A TREMENDOUS HONOR TO LEAD SUCH A DEDICATED, CARING AND HARDWORKING GROUP OF JUDGES, CLERKS AND STAFF, AND I AM SO VERY HORORED THAT MANY OF THEM WERE ABLE TO BE HERE TODAY. A VERY SPECIAL WORD OF THANKS TO MY STAFF AT THE SUPERIOR COURT CENTER. HOLLY AQUIZAP, LINDA BELIVEAU, BARB SWEET, CHARLENE DESROCHER, CHRIS CHAKAS AND KATE CORBETT. THESE ARE THE PEOPLE WHO MAKE THE TRAINS RUN ON TIME IN TERMS OF SUPERIOR COURT OPERATIONS; THEY ARE THE ONES WHO 3

4 HAVE MADE ME LOOK GOOD OVER THE LAST SEVEN YEARS, AND I WILL DEEPLY MISS WORKING WITH THEM ON A DAILY BASIS. TO DON GOODNOW AND THE ENTIRE STAFF OF THE ADMINISTRATIVE OFFICE OF THE COURTS, THANK YOU FOR YOUR HELP AND ASSISTANCE IN SO MANY WAYS OVER THE YEARS. THE AOC IS THE ARM OF THE JUDICIAL BRANCH THAT EVERYONE LOVES TO HATE. BUT THOSE WHO HOLD SUCH VIEWS ARE ALMOST ALWAYS CLUELESS AS TO WHAT THE AOC REALLY DOES OR HOW CRITICAL A ROLE IT PLAYS IN THE PROPER OPERATION OF THE COURT SYSTEM. AS FORMER CHIEF JUSTICE BRODERICK HAS NOTED, DON HAS TAKEN ANY NUMBER OF HITS FOR THE JUDICIARY OVER THE YEARS, AND YET HE CONTINUES TO DO HIS JOB WITH SKILL, GRACE AND QUIET DIGNITY. LASTLY, TO THE BAR OF NEW HAMPSHIRE, FROM THE MOST SENIOR MEMBERS, SUCH AS MARTY GROSS, DAVE NIXON, CHUCK DOUGLAS AND GENE VAN LOAN, TO FABULOUS MID-CAREER LAWYERS LIKE KATE HANNA, ED CROSS AND EDWINNA VANDERZANDEN, TO OUTSTANDING YOUNG PRACTITIONERS LIKE MARY ANN DEMPSEY, AND ALL THOSE IN BETWEEN, THANK YOU FOR THE HARD WORK YOU DO EVERYDAY TO MAKE OUR LEGAL SYSTEM WORK; AND FOR THE INNUMERABLE HOURS YOU DEVOTE TO VOLUNTEER PUBLIC SERVICE, WHETHER IT BE PROVIDING PRO BONO LEGAL REPRESENTATION TO THOSE UNABLE TO AFFORD A LAWYER, OR SERVING ON LOCAL OR STATE ADMINISTRATIVE BOARDS. THE MEMBERS OF THE NEW 4

5 HAMPSHIRE BAR HAVE AN OUTSTANDING RECORD OF SERVICE TO THE PUBLIC. I HAVE ALWAYS BELIEVED THAT ONE OF THE MOST IMPORTANT QUALITIES OF A GOOD JUDGE IS POSSESSING A HEALTHY DOSE OF HUMILITY. THAT CHARCTERISTIC MAY BE DISPLAYED IN MANY WAYS, FROM TAKING RESPONSIBILITY WHEN YOU MAKE A MISTAKE, AS WE ALL DO FROM TIME TO TIME (ALTHOUGH, AS JUSTICE SOUTER FAMOUSLY SAID DURING HIS CONFIRMATION HEARING, JUDGES MUST STRIVE MIGHTILY TO GET IT RIGHT IN THE FIRST PLACE); TO TREATING ALL PEOPLE, INCLUDING THOSE WITH WHOM ONE MAY DISAGREE, WITH DIGNITY AND RESPECT; TO RECOGNIZING THE PROPER LIMITS OF THE JUDICIAL ROLE AS, TO USE HAMILTON S WORDS, THE LEAST DANGEROUS BRANCH IN A DEMOCRATIC SOCIETY. I HOPE AND BELIEVE THAT I POSSESS THAT QUALITY. BUT JUST TO BE SURE, I AM INFORMED THAT THE NEW HAMPSHIRE SUPREME COURT HAS A SPECIALLY-DESIGNED HUMILITY TRAINING REGIME FOR NEW JUSTICES. IT IS KNOWN AS THE JUDGE # 5 PROGRAM, AND CONSISTS, AMONG OTHER THINGS, OF ASSIGNING TO THE NEWEST JUSTICE SUCH TASKS AS INSURING THAT THE JUDGES BATHROOM IS STOCKED WITH ADEQUATE SUPPLIES OF TOILET PAPER, SOAP, TOWELS AND OTHER ESSENTIALS, ANSWERING THE DOOR WHEN SOMEONE KNOCKS DURING CONFERENCE, AND MAKING SURE THERE IS ENOUGH WOOD FOR THE FIRE PLACE IN THE CONFERENCE ROOM. I AM 5

6 COMMITTED TO PERFORMING THESE IMPORTANT DUTIES, AS WELL AS THE MORE MUNDANE TASKS LIKE WRITING OPINIONS, WITH VIGOR AND ENTHUSIASM. AS THE LATE, GREAT CHIEF JUSTICE FRANK KENISON OBSERVED AT THE DEDICATION OF THIS BUILDING, IT IS A PLACE COMMITTED TO JUSTICE. I AM KEENLY AWARE OF HOW PRECIOUS A COMMODITY JUSTICE IS AND THAT IT IS ONE NOT READILY AVAILABLE TO PEOPLE IN MANY PARTS OF THE GLOBE. THOSE MEN AND WOMEN WHO HAVE OCCUPIED THIS BUILDING AND SAT ON THE BENCH BEHIND ME HAVE A LONG AND DISTINGUISHED HISTORY OF DISPENSING JUSTICE FAIRLY AND IMPARTIALLY TO ALL WHO HAVE COME BEFORE THEM. I PLEDGE TO THE CITIZENS OF OUR STATE THAT I WILL DO ALL IN MY POWER TO CARRY ON THAT PROUD TRADITION DURING THE TIME I HAVE THE GREAT PRIVILEGE OF HOLDING A SEAT ON THAT BENCH. THANK YOU. 6

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