United States District Court for the District of New Hampshire
The United States District Court for the District of New Hampshire is a U.S. district court.
The United States Attorney for the District of New Hampshire represents the United States in civil and criminal litigation in the court.
Vacancy warning level
The United States District Court for the District of New Hampshire's vacancy warning level is currently set at orange. The court currently has once vacancy out of their three posts, constituting 33% of their seats. There are no pending appointments for the district.
|First Circuit Court of Appeals based in downtown Boston at the John Joseph Moakley Federal Courthouse.|
The District of New Hampshire has original jurisdiction over cases filed within its jurisdiction. These cases can include civil and criminal matters that fall under federal law.
|Federal Court Case Load Statistics*|
|Year||Starting case load:||Cases filed:||Total cases:||Cases terminated:||Remaining cases:||Median time(Criminal)**:||Median time(Civil)**:||3 Year Civil cases#:||Vacant posts:##||Trials/Post|
|*All statistics are taken from the Official Federal Courts' Website and reflect the calendar year through September. **Time in months from filing to completion.|
#This statistic includes cases which have been appealed in higher courts. ##This is the total number of months that any all judicial posts had spent vacant that year.
The District of New Hampshire's Clerk's office is open each business day 8:30 a.m. - 4:30 p.m., however, the hours of telephone operation are 9 a.m. to 4 p.m. Please consult the chart below for more information:
|U. S. District Court
55 Pleasant Street
The District of Massachusetts was established by Congress with one judicial post on September 24, 1789 and assigned to the United States Court of Appeals for the Eastern Circuit, and then was later reassigned to the United States Court of Appeals for the First Circuit in 1801. Over time 2 additional judicial posts were added for a total of 3 current posts.
The following table highlights the development of judicial posts for the District of Kansas:
|September 24, 1789||1 Stat. 73||1|
|October 20, 1978||92 Stat. 1629||2|
|December 1, 1990||104 Stat. 5089||3|
For a searchable list of opinions, please see Opinions for the District of New Hampshire.
| • Stolen gun liability case Judge(s):Paul Barbadoro|
*Jones v. Secord 11-1576
|On July 6, 2012, a three judge panel for the United States Court of Appeals for the First Circuit upheld the ruling of Judge Paul Barbadoro of the United States District Court for the District of New Hampshire who held that a NH man could not be held liable for the use of his handgun in a violent crime. Gail Jones, the mother of a shooting victim, filed a lawsuit alleging that Lawrence Secord was liable for the use of his handgun by his grandson in an armed robbery that resulted in three fatalities in 2007. Secord's gun was stolen by his grandson, who broke into a locked summer cabin to obtain the firearm. Barbadoro agreed with Secord that he had taken proper precautions to secure his firearm. Judge Bruce Marshall Selya agreed, wroting the opinion of the panel consisting of Judges Jeffrey R. Howard and O. Rogeriee Thompson. He stated in the opinion, ""The record here, even when construed in the light most flattering to the plaintiff, does not show either a particularized risk of harm or a degree of foreseeability sufficient to animate this exception." Jones told the press she brought the lawsuit on to raise awareness of gun storage and risk, telling the press, "Firearms are very dangerous when they're in the wrong hands."|
| • NH State Medicaid Case Judge(s):Steven McAuliffe|
*Dartmouth-Hitchcock v. NHDHHS 11-cv-358-SM
|On March 2, 2012, Chief Judge Steven McAuliffe of the United States District Court for the District of New Hampshire ruled against a state in a decision that will require the state Department of Health and Human Services to begin following federal guidelines with regard to Medicaid reimbursement rates. The federal government requires that the DHHS announce rate changes with a 15 day notice that provides a justification for changes, followed by a subsequent 30 day comment period. Ten New Hampshire hospitals filed suit, claiming that the state failed to give proper notice, failed to justify the changes and failed to provide hearings. McAuliffe sided with the hospitals and in his 31 page order, demanded that the state comply with the federal laws. |
| • Pledge of Allegiance case Judge(s):Steven McAuliffe|
*Freedom From Religion Foundation v. Hanover School Civil No. 07-cv-356-SM
|Judge McAuliffe presided over a case involving the use of the term "under god" in the Pledge of Allegiance of the United States. On October 2, 2009, McAuliffe dismissed a case from the Freedom from Religion Foundation filed on behalf of the parents of two New Hampshire school students who believe their constitutional rights were being violated. The Freedom from Religion Foundation plan to file an appeal to the First Circuit Court of Appeals. |
| • Alleged Green Mountain Coffee accounting fraud Judge(s):William K. Sessions|
|Sessions dismissed a 2012 class action lawsuit filed by shareholders alleging that Green Mountain Coffee Inc. mislead shareholders through accounting fraud. The suit was filed after the company announced that it was being investigated by the U.S. Securities and Exchange Commission for a $9 million difference in its accounting numbers from 2006-2010. The company maintains that the difference constituted a series of small errors and not direct malpractice on their part. Sessions justified his decision, stating, "The fact that the restatement was a collection of several small mistakes, rather than a single, large error, also minimizes any fraudulent reading." The litigants have 30 days to revise and resubmit their claim with better justification.|
The Warren B. Rudman U.S. Courthouse for the New Hampshire district is located in Concord.
For new stories and other related material see New Hampshire judicial news.
- United States Court of Appeals for the First Circuit
- News: 1st Circuit upholds NH District Court gun liability ruling, July 12, 2012
- United States District Court for the District of New Hampshire Official Website
- United States Attorney for the District of New Hampshire Official Website
- United States Probation and Pretrial Services of New Hampshire Official Website
- Opinions of the District of New Hampshire
- Judges of the District of New Hampshire
- ↑ Court Clerk Information
- ↑ 2.0 2.1 FJC History of the District of New Hampshire
- ↑ Boston.com "Court says gun owner not negligent in NH shooting" 7/9/2012
- ↑ Opinion, Jones v. Secord
- ↑ Boston.com "Judge orders NH to explain Medicaid cuts" 3/3/2012
- ↑ "Boston Herald" Federal judge keeps ’under God’ in Hanover pledge, October 3, 2009
- ↑ Burlington Free Press, "Federal judge dismisses lawsuit against Green Mountain Coffee Roasters" 1/30/2012
|2.1 Active Judges|
|2.1.1 Article III judges|
|2.1.2 Pending appointments|
|2.1.3 Senior judges|
|2.2 Past judges|
|2.2.1 Former Chief judges|
|2.2.2 Former judges|
Article III judgesSee: Article III federal judge
The United States District Court for the District of New Hampshire has 3 posts and 1 vacancy. The current Chief Judge is Joseph Laplante. This is a list of the current judges on the court:
|Judge Paul Barbadoro||1955||Providence, RI||H.W. Bush||10/9/1992 - Present||1997 - 2004||Shane Devine||Gettysburg College, B.A., 1977||Boston College Law, J.D., 1980|
|Chief Judge Joseph Laplante||1965||Nashua, NH||W. Bush||12/28/2007 - Present||2011 - Present||Joseph DiClerico||Georgetown U., A.B., 1987||Georgetown U. Law, J.D., 1990|
There are no current pending appointments for the United States District Court for the District of New Hampshire.
Senior judgesSee: Federal judges on senior status
The United States District Court for the District of New Hampshire has 3 judge on senior status currently. This is a list of the current senior judges on the court:
|Senior Judge Steven McAuliffe||H.W. Bush||10/10/1992 - 3/31/2013||2004 - 2011||4/1/2013-Present||Virginia Military Institute, B.A., 1970||Georgetown U. Law, J.D., 1973|
|Senior Judge Joseph DiClerico||H.W. Bush||8/17/1992 - 3/15/2007||1992 - 1997||3/15/2007 - Present||Williams College, B.A., 1963||Yale Law, LL.B., 1966|
|Magistrate Judge Landya McCafferty||2010 - Present|
Former Chief judges
|Shane Devine||1979 - 1992|
|Joseph DiClerico||1992 - 1997|
|Paul Barbadoro||1997 - 2004|
|Steven McAuliffe||2004 - 2011|
In order to qualify for the office of Chief Judge in one of the federal courts, a judge must have been in active service on the court for at least one year, be under the age of 65, and have not previously served as Chief Judge. A vacancy in the office of Chief Judge is filled by the judge highest in seniority among the group of qualified judges. The Chief Judge serves for a term of seven years or until age 70, whichever occurs first. The age restrictions are waived if no members of the court would otherwise be qualified for the position. Unlike the Chief Justice of the United States, a Chief Judge returns to active service after the expiration of his or her term and does not create a vacancy on the bench by the fact of his or her promotion. See 28 U.S.C. § 45.
These rules for Chief Judges in the federal judiciary have been in effect since October 1, 1982. The office of Chief Judge was created in 1948. Until August 6, 1959, the position was filled in each federal court by the longest-serving judge who had not elected to retire on what has since 1958 been known as senior status or declined to serve as Chief Judge. From then until 1982 it was filled by the senior such judge who had not turned 70.
|Seat 1||Seat 2||Seat 3|
|Magistrate judges||Landya McCafferty •|
|Former Article III judges||
Norman Stahl • Martin Loughlin • Shane Devine • Hugh Bownes • Aloysius Joseph Connor • Edgar Aldrich • Daniel Clark • Matthew Harvey • John Samuel Sherburne • John Pickering • John Sullivan • George Morris •
|Former Chief judges|