Are NH Family Courts Doomed?

New Hampshire’s Family Court System is regarded as one of the last places on earth you’d want to find yourself. In response to cries for help from the tyrannical nonsense it emits, legislators tried to abolish them. The bill was retained in committee. They can work on it and bring it back for review and a vote next session. It’s on hold, more or less, but could this move by the Federal Department of Justice give it new life?

Chad Mizelle, the [Justice] department’s chief of staff, called the administrative law judges, who preside over administrative disputes in the federal government, “unelected and constitutionally unaccountable.”

In a letter to U.S. Senator Charles Grassley that Mizelle posted on X, Acting Solicitor General Sarah Harris wrote that the Justice Department would no longer defend removal restrictions for administrative law judges against challenges in courts.

The Trump Administration’s swamp-draining bucket list includes getting rid of administrative judges who—conveniently—are getting between Trump, DOGE, and a leaner, more transparent federal government. In other words, they’re asking for it. It could end them if it successfully gets a case before the US Supreme Court. How does that play out everywhere else in America if they are deemed unconstitutional?

Justice Gorsuch has made it clear: No judge, agency, or bureaucrat can take your property, children, or freedom without a jury trial. The end of lawfare is here. The Republic is rising.

It might make no difference, but the Family Court System in New Hampshire is administrative. There are no jurors. A judge hears arguments in a bubble where they decide all the rules, what is admissible, and who can testify. They rule based on what they want to hear. In this capacity, their very existence likely violates numerous rights, especially due process, and they “take your property, children, and freedom without a jury trial.”

A growing federal objection to administrative judges is a move in the proper direction. A ruling framing them as unconstitutional could add leverage to the effort locally. Or the Legislature could take the hint and abolish family courts now and the star chamber-like antics in which they’ve long engaged, but not too long. For most of New Hampshire’s existence, we never had or needed them. The experiment is only two decades old, and it failed miserably.

Have the sense to give family courts a quick and painless death.

Author

  • Steve MacDonald

    Steve is a long-time New Hampshire resident, award-winning blogger, and a member of the Board of Directors of The 603 Alliance. He is the owner of Grok Media LLC and the Managing Editor, Executive Editor, assistant editor, Editor, content curator, complaint department, Op-ed editor, gatekeeper (most likely to miss typos because he has no editor), and contributor at GraniteGrok.com. Steve is also a former board member of the Republican Liberty Caucus of New Hampshire, The Republican Volunteer Coalition, has worked for or with many state and local campaigns and grassroots groups, and is a past contributor to the Franklin Center for Public Policy.

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