Nashua’s Superior Court civil judges appear to align with the Nashua City Attorneys on Right to Know (RTK) cases. Judges are required by their ethics rules and training to conduct themselves impartially, but this is not happening in Nashua. I’ve been before two judges for my cases: Judge Temple and Judge Colburn.
Both judges need refresher training on the impact of technology advancements on RTK requests. These advancements, especially concerning data storage, fast document search, and retrieval, have been available for some time and continue to improve rapidly. While document requests might have been burdensome and voluminous previously, they can now be efficiently and expeditiously executed. Even if unintentional, both judges are subverting the rules for fair hearings and trials by accepting the City’s Attorneys’ inaccurate assessments of the scope and timing of fulfilling requests based on their antiquated understanding of technology.
The court system is under-resourced, and attorneys are disinterested in RTK cases. Many attorneys are on the City’s payroll and hence ‘conflict out’ of taking these cases. Others must consider going up against the City a “professional risk” and decline. Typically, the only way to adjudicate these cases is to represent yourself. It is difficult enough to go to court without a law school education, but coupling that challenge with seeming unquestioned judicial acceptance of the city’s unreasonable claims of technological burdens results in an environment that is unfair to the citizens.
I attended a hearing with another pro se litigant who failed to receive her records for a Roby Park information request. Judge Colburn dismissed her case for failure to properly serve the summons. However, Attorney Bolton appeared to me to dissemble regarding the City’s receipt of the summons. The City’s vague claims were accepted while the litigant was held to an exact process. When the Judge issued the decision, she wrongly asserted that I counseled the pro se citizen at the hearing. She cited me for potential criminal action for falsely representing myself as the attorney for this pro se litigant. (See Footnote, pg. 2)
I am concerned that my city has worked tirelessly to criminalize my RTK efforts, even going so far as to have me arrested. Now we have a Judge abetting the City’s extraordinary retaliatory efforts to silence anyone who dares question them? Judge Colburn claimed I had gotten up during the hearing, approached the Plaintiff, and given her advice. She was wrong; I did not leave my seat or approach the Plaintiff to make any statement. The Judge further stated that I was writing and filing for the Plaintiff. I sometimes assisted the Plaintiff with filings, but their writing was submitted. Judge Colburn sent a strong and threatening message that she did not want citizens working together to get into Court on records claims. Why? Is the Court intent on preventing citizens from freely sharing information and thereby enabling city officials to dismiss RTK requests?
The citizen who filed for the records filed a reconsideration request and asked the Court to remove the accusation. The Judge struck the accusatory remark from the record.
Judge Colburn should also know that working with the outdated Court electronic filing system is difficult for people representing themselves. The court clerk who handles civil cases would prefer to work with something other than self-represented parties. Is it surprising that citizens will seek the assistance of citizens with experience filing in Court, given that no attorneys are available for these cases?
Nashua city leaders are frustrating to work with when seeking records. They don’t abide by the NH Constitution which states:
All power residing originally in, and being derived from, the people, all the magistrates and officers of government are their substitutes and agents, and at all times accountable to them. Government, therefore, should be open, accessible, accountable and responsive. To that end, the public’s right of access to governmental proceedings and records shall not be unreasonably restricted. The public also has a right to an orderly, lawful, and accountable government.
City leaders refuse to create public policy, procedures, and guidelines for handling requests. They’ve locked the doors in City Hall so citizens cannot speak with record experts within the Departments. They have hidden the RTK Administrator behind a closed door with no office hours or phone number. Nashua’s corporation council has a documented history of alcohol problems and anger management issues. He appears to have difficulty working with women and doesn’t like people who challenge him. Many citizens who fall on the other side of a City issue in opposition to the elected body are closed off from equal access to information. These are the people challenging records.
Just because citizens represent themselves doesn’t mean that their arguments should not be fairly heard. The court system shouldn’t penalize citizens lacking legal training and resources, especially when the Court tolerates the City’s shortcomings and violating timelines and rules. Ironically, pro se advocates are held to higher standards than professional attorneys. We deserve trained Judges who will expedite these cases and adjudicate them fairly and impartially.
