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The Impeachment of Chief Justice David Brock - Judicial Independence and Civic Populism (Hardcover)
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The Impeachment of Chief Justice David Brock - Judicial Independence and Civic Populism (Hardcover)
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At this juncture in American history, some of our most hard-fought
state-level political struggles involve control of state supreme
courts. New Hampshire witnessed one of the most dramatic of these,
culminating in the impeachment of Chief Justice David Brock in
2000, but the issues raised by the case are hardly confined to New
Hampshire. They involved the proper nature and operation of
judicial independence within a "populist" civic culture that had
long assumed the primacy of the legislative branch, extolled its
"citizen legislators" over insulated and professionalized elites,
and entrusted those legislators to properly supervise the
judiciary. In the last few decades of the 20th Century, New
Hampshire's judiciary had been substantially reconfigured:
constitutional amendments and other measures endorsed by the
national judicial-modernization movement had secured for it a much
higher level of independence and internal unification than it had
historically enjoyed. However, a bipartisan body of legislators
remained committed to the principle of legislative supremacy
inscribed in the state constitution of 1784. The 1980s and 1990s
witnessed a series of clashes over court administration,
allegations of judicial corruption, and finally a bitter and
protracted battle over Court decisions on educational funding.
Chief Justice Brock publicly embodied the judicial branch's new
status and assertiveness. When information came to light regarding
some of his administrative actions on the high court, deepening
antipathy toward him exploded into an impeachment crisis. The
struggle over Brock's conduct raised significant questions about
the meaning and proper practice of impeachment itself as a feature
of democratic governance. When articles of impeachment were voted
by the House of Representatives, the state Senate faced the
difficult task of establishing trial protocols that would balance
the political and juridical responsibilities devolved on them,
simultaneously, by the state constitution. Having struck that
balance, the trial they conducted would finally acquit Brock of all
charges. Nevertheless, David Brock's impeachment was a highly
consequential ordeal that provided a needed catalyst for reforms
intended to produce a productive recalibration of
legislative-judicial relations.
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