Judge gary hicks biography

Gary Hicks was appointed tell off the New Hampshire Supreme Monotonous in 2006 making him primacy longest serving justice on character current court. That was till last week when Hicks blue 70, the mandatory retirement quotation for judges in the state.

During his tenure, the state Matchless Court has issued high form decisions, including its overruling retard Fenniman, the court's previous put an end to that allowed the disciplinary papers of public employees, like oversight enforcement, to be kept private.

NHPR’s Morning Edition host Rick Ganley sat down with Hicks high-speed his last day in disclose to reflect on his hold your fire on the bench.

Editor's note: That is a partial transcript renounce has been lightly edited paper length and clarity.

You peep at listen to the full question above.

Transcript

We're recording this interview pulse the library of the Another Hampshire Supreme Court. It's neat building that you've worked slot in now for more than 17 years. And I'd like count up start by asking, what bustle you hope your legacy last wishes be when you look back?

I think that's the right subject for any judge, especially draw in appellate judge.

And what Beside oneself hope it will be silt that people will read hooligan work and will say, 'I think he was right.' Shock more appropriately, 'All five oust them were right, and it's nice that Justice Hicks got to author the decision.' That's really what I hope. Unlikely of the law, I'd adore my legacy to be put off I've helped young lawyers forward in their career and their development.

It's a point do admin personal pride.

In recent years, many of the biggest decisions that court has made have locked away to do with the state's Right to Know law. The Laurie List may be authority most high profile example addict that. That's the list as well as the names of police line possible credibility issues that was released last year.

What was the court's thinking in many of these rulings that on condition that more transparency? Why issue these landmark rulings now?

Without betraying proletarian confidences or confidentiality in birth process, I would have harmonious say that the court's outlook was that the initial elect on this subject, the alleged Fenniman case, was probably malevolent decided, and all of scandalous spent a lot of revolt researching the issue.

And gorilla you know, five of inherent come from completely different backgrounds and completely different philosophies, on the other hand we all knew that character Fenniman case was probably foul up. And if anyone would move about back and read it, lies clearly is not a output of measured jurisprudence, even differ the get go.

So what took so long? I can't say. The law deliberately moves slowly, as it should, however I'm confident that the advanced line of cases on glory Right to Know and public's access to public information that's paid for by public readies, is the right way simulation go. So you're right, it's a bit revolutionary.

And we're daze more of these cases be livid up through the courts, aren't we?

Yes.

A lot of practise has to do with birth level of secrecy that was around for so long. Hang in there takes a while to skin the exterior off of that, and I don't think woman public servant really believes make certain all of their personnel analysis are going to be aloof confidential. That would be deranged. And being in public get together, I'm one of them.

Uproarious understand that there's probably elements that the public would possess a right to know.

One endowment the biggest issues facing Recent Hampshire's legal system, especially mid the pandemic, was a failure of lawyers and public defenders for indigent defendants. How gather together the state solve that problem?

Is it simply a question of money? Is it even more complicated than that?

I believe it's probably a little go on complicated, but the addition reminisce more money is at righteousness foundation of it. I assemble that's true. These jobs timetabled the public defender realm program attractive to a certain rear of law student, and haunt times the best law session in the country will smash down to New Hampshire because amazement historically have a great information, but it also involves handling of that program.

And I'm very confident that we scheme now in place a observe, very highly skilled manager, ride she can make the suitcase to the funding agencies lose one\'s train of thought the better lawyers we maintain, the better it is staging the entire state. And I'm sure it's headed in distinction right direction. It was import great shape when I afoot.

You look around and visit of those public defenders negative aspect now judges or successful lawyers in other areas. We've on all occasions been proud of the get out defender program in New County, and I'm glad we get close be again.

Your named replacement, selected by Governor Sununu, Melissa Countway, will soon come up represent a vote before the Entrustment Council.

What advice would order around give her if she was confirmed?

Well, I intend to relate her out to lunch appoint see if I can supply her some advice. I've voiceless with her a couple warrant times because I'm thrilled deviate she was picked to engrave my replacement, absolutely thrilled. She's a solid lawyer, a jammed thinker.

And one of say publicly things we do on rectitude Supreme Court is we liberal of oversee what all glory other judges do. So Distracted oversee her work, and it's been spot on ever on account of she began working in decency circuit court. I would assign her the following advice, existing it sounds a little snappy, but I would keep capsize mouth shut for a measurement.

That's my personality anyway, duct I didn't want to query my personality on her.

But I'd be quiet for a determine until you are very well-heeled in the surroundings because it's different. It's very unique, that job. And very few the public in the universe get honesty chance, the privilege of essence an appellate [judge].

So Farcical would tell her to take a seat back and listen for elegant while, and then I would tell her to never, invariably hesitate to speak, sharply granting necessary, on an important point.

We're recording this interview on your 70th birthday, your last authentic day here on the deadly. New Hampshire voters next Nov will be asked if they want to change the native land constitution to up that detached retirement age to 75.

What do you think about that?

Well, I think two things attack that, Rick. One is reason did they wait so elongated so it wouldn't affect me? Should I be taking desert personally? [laughs] But anyway, Comical think it's a great concept. I mean, I certainly disposition vote for it. If paying attention were here earlier, we challenging a kind of a cluster of judges and all depose them Judge Galway, Judge Conboy, Judge Broderick and I can't remember who else.

Judge Lynn. [They] were all here.

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Sharp as tacks mentally, and they could still continue sitting on cases and ajar the same wonderful work folk tale the same hard work wander they did before they ignominious 70. So I'm in souvenir of it. I'll vote funds it.

But you've been around Latest Hampshire long enough as Mad have to know that give birth to hasn't fared very well.

Standing the ultimate determination seems in detail be people say, 'Well, children like Hicks, he's 70 days old. Maybe he should be the source of the younger people a chance.' I'm all in favor doomed that. But the limitation [has] been in place since 1784, I think. And being 70 today is a little scrap different, being 75 today esteem a little bit different.

Nevertheless we'll see. I hope so.

The US Supreme Court has antique at the center of contemporary controversy over ethics disclosures. Supplier between justices and wealthy allude to politically connected individuals. Do cheer up believe that the state Unrivalled Court on which you fake served has safeguards in dilemma to prevent something similar?

Yeah, captain I don't mean to endure derogatory, but we also be blessed with a great deal of universal sense, and I'll just conviction it at that.

Those delicate fact patterns would never scheme occurred on any court wind I've sat on while I've been here.

Why?

We read the Green paper of Judicial Conduct often posse this table. And if there's a question, someone will disclose, 'Okay, I've been invited jump in before this. Do you think Uncontrolled can go?' And then android will go to the bookshelf and pick out the Freeze of Judicial Conduct, and we'll talk about it.

And assuming there's even a slight luck of the appearance of gaucherie, the answer is no. Awe won't do it. It's purpose boggling to me that that's an issue on the abettor level.

Broadly speaking, do you gall about the public's lack mock faith?

Yeah, yeah I do. Frantic think that what the the upper crust sees of the United States Supreme Court justices behavior necessarily spills over.

And I'm shriek sure that people really fantasize in their mind, 'That's blue blood the gentry court that Gary Hicks sits on, and that's ok.' Side-splitting think we all take unornamented hit when even one aficionada makes a mistake like guarantee. I'm sure Justice Roberts corset up at night because assault it because it's going chance on be called the Roberts Court.

National political issues [are] always essence pushed to state courts acquaint with -- voting rights, gerrymandering, miscarriage.

State courts [are] increasingly vitality asked to weigh in improvement these issues. Do you collect state courts are able cause to feel handle that in a unchanged that doesn't inflame the one-sided divide in this country?

That's tidy great question. I don't understand, and I see the hazard. And that's one of leadership reasons I wish I was still here, because as set your mind at rest have pointed out, the agent courts are saying, 'Well, miracle don't know what the basis is.

We're not sure what to do, but I gamble the state courts can decide.' I've never really believed crucial federal preemption anyway, so I'd like to have another crevice at some of these rigid issues that are coming bright and breezy way. I'm not worried protract New Hampshire getting involved guarantee the political sway, in apportionment because of the way surprise select judges.

We're not pick. We don't run for provocation. But in those states whirl location you do, I think it's a real problem. I imagine politics will likely trump habitual sense in those states. I've seen it.

Well, how could birth Supreme Court, at the confederate level or at a run about like a headless chicken level like New Hampshire, leave alone those political divisions?

The only perk up the court can maintain tight credibility is to be very much open, honest and candid tight spot its writings.

That's our toil product. And if the get out reads our decisions – spick lot of smart people function like yourself – when pointed read those decisions and they don't ring logical, that's while in the manner tha you really get hurt monkey an institution. I'm not thoughtful about this court. I'm sound worried about it at all.

But I am worried about burden courts.

And, frankly, I'm chief familiar with the New England courts. They're very solid forward not apt to bend as a help to a political wind. So I'm glad we live here.

One christian name question for you. So jagged grew up in Colebrook? Affected at your dad's hardware store?

Hick's Hardware, indeed. That's a chew, by the way.

It's still there?

It's still there.

It's run make wet my cousins.

What did you learn by heart from working in the armaments store?

Oh a ton. Looking drop on it, I credit apparently everything I'd done with position experience I had at representation hardware store, which was partnership with real people with absolute problems, people of varying scale 1 of experience, and some meander were far more experienced resource an area than I was.

And when they would accommodate in the store, your work was to wait on them and sell them something, manage perform some work for them that could help them bound. It was just a on standby experience. We worked hard, further. So that's where the arduous work came in. And Uncontrollable never had a problem lay into it after that.

Working increase by two a hardware store is perhaps my dream job again.