On April 1st 2012 it will have been twelve years since the New York Times ran this article that the New Hampshire Judicial Branch would probably rather you not be aware of, given my nearly full-time efforts to once again hold them accountable.
A State Supreme Court justice illegally tried to influence his colleagues in his own divorce case, and the chief justice broke the law by listening to him, the state’s attorney general said today.
The announcement by Attorney General Philip T. McLaughlin led to the resignation of the justice, Stephen Thayer, and raised doubts about the future of Chief Justice David Brock.
Mr. McLaughlin said Justice Thayer had tried to influence the selection of substitute judges when his divorce came before the high court. The court’s justices disqualified themselves from hearing the appeal.At a court meeting on Feb. 4, Chief Justice Brock announced that he had appointed two substitutes, including retired Judge George Pappagianis of Superior Court. The attorney general’s report said Justice Thayer immediately objected, saying: ”Oh no, don’t do that. Not Pappagianis.”
The court’s clerk later said that Chief Justice Brock told him to ”slow this down” and not tell Judge Pappagianis he had been appointed, but that he had already done so.
Mr. McLaughlin concluded that Justice Thayer was guilty of improper influence, a felony, and official oppression, a misdemeanor. But he said he had agreed not to prosecute Justice Thayer in return for his resignation.
Mr. McLaughlin said Chief Justice Brock, by listening to Justice Thayer, had broken a law that prohibits judges from hearing privately from anyone involved in a case. There is, however, no criminal penalty for violating that law.
Investigators also said Justice Thayer could have been charged with witness tampering and obstructing government for threatening Chief Justice Brock when he heard that accusations about the meeting on Feb. 4 were about to be forwarded to the authorities.
Mr. McLaughlin said Justice Thayer had called Chief Justice Brock and said: ”I’m not hanging alone. If any complaint is filed it’ll blow the place up.” Chief Justice Brock said he took that as a threat to himself and the court.
Mr. McLaughlin told Justice Thayer on Monday that he was the object of an investigation. On Wednesday, Justice Thayer, 54, offered to resign in return for not being prosecuted.
Mr. McLaughlin said he accepted the deal because, among other things, Justice Thayer’s comments to the court ”had, in essence, been invited by the chief justice’s demeanor and the court’s past practice.”
He also said that even if he had decided to prosecute Justice Thayer and had won a conviction, he would not have sought jail time ”given the nature of the offenses and Justice Thayer’s long public service.”
Gov. Jeanne Shaheen said the developments raised ”very serious questions” about the court’s conduct.
Independently, the state’s Judicial Conduct Committee is investigating Justice Thayer’s failure to report a $50,000 loan from a lawyer, Emile Bussiere, on annual financial disclosure forms from 1997 to 1999. Justice Thayer later amended the forms to disclose the loan.
The committee is also looking into Justice Thayer’s failure to report the loan on an application for a $55,000 home equity loan in 1997, and trying to determine whether he omitted other debts from a 1993 mortgage application.
