FOR IMMEDIATE RELEASEFor Further Information
July 26, 2000 Contact: Howard J. Zibel, 271-2646
The New Hampshire Supreme Court announced today that, in the cases that were argued prior to April 2000 which are awaiting decision, the parties will be offered the opportunity to have recently-appointed Justices Joseph P. Nadeau and Linda S. Dalianis participate. It is the court's hope that this procedure will expedite the final decision in these cases, and will avoid the need for possible reargument, which would result in additional delay.
Because of the retirement of Justice Johnson and the events of the past several months, there are over 130 undecided cases that were argued prior to April of this year for each of which there is at present no quorum as required by RSA 490:7. If the parties to a case agree to the participation of Justices Nadeau and Dalianis, the quorum requirement would be satisfied and further delay would not have to be endured by the parties. If the parties do not elect this option, and there continues to be no quorum for a case, the case would be scheduled for reargument in the future.
If the parties to a case agree to have Justices Nadeau and Dalianis participate, they must file a written request with the court. All parties must consent. Justices Nadeau and Dalianis then will begin to participate in the cases in which such consent is filed, unless either or both is recused, by reviewing the briefs, and to the extent necessary, listening to the audio tape of the oral argument.
Parties or counsel should contact the clerk of court, Howard J. Zibel, if they have questions about the procedure. He can be reached by telephone at 271-2646.