Courts, Coffers, and the Separation of Powers

On September 23, panelists Henry Klementowicz, Esq. and Representative Bob Lynn, former Chief Justice of the New Hampshire Supreme Court, will discuss the respective roles of the courts and the legislature and how they intersect in areas related to budgeting for mental health, prisons, and school funding in view of New Hampshire Supreme Court precedents.  NHPR reporter Annmarie Timmins will moderate the discussion. This program is approved for CLE credits. 

The decades-long battle between the legislature and the courts over education funding in New Hampshire is a prime example of this power struggle, and it shows no sign of abating.  In the 1990s, the landmark Claremont case established that students have a right to an adequate education, and that the state is both obligated to ensure that education and to develop a fair school funding system.to do so.   

Thirty years later, in Contoocook Valley School District v. New Hampshire, the N.H. Supreme Court ruled the state is still failing to provide adequate funding, but also said it would violate the separation of powers to order the state to immediately pay more. Meanwhile state legislators included a line in the state budget proclaiming they will make the “final determination” on school funding.  

Registration is required. Registration deadline is Sept. 22. Register here. 

N.H. House of Representatives and N.H. Supreme Court

Here are some of the questions we plan to explore: 

• How does the New Hampshire Constitution lay out the separation of powers when it comes to taxing and spending?
• Why is it important to have separation of powers when it comes to budgeting?
• Some legislators argue the court has overstepped its bounds, particularly related to school funding. Is it a constitutional use of power for the legislature to disregard a court order?
• What is the enforcement mechanism if the legislature continues to say “no” to court rulings on state spending?

Panelists:

Henry Klementowicz, senior staff attorney at the ACLU of New Hampshire. 

At the ACLU of New Hampshire, Henry Klementowicz focuses on litigation and statehouse advocacy in support of civil rights and civil liberties, particularly in the areas of voting rights, governmental records, due process, and freedom of speech. Henry joined the ACLU of New Hampshire after almost three years of working for a large New Hampshire law firm. He is especially proud of his work to create a partnership between that firm and the New England Innocence Project, which seeks exoneration of wrongfully convicted individuals in New Hampshire.  Prior to that, he clerked for the judges of Rockingham Superior Court. He has represented clients in the New Hampshire Supreme Court, superior courts, all divisions of the circuit court, and the United States District Court for the District of New Hampshire. Henry received his J.D. from Georgetown University Law Center, where he was a Notes Development Editor for the American Criminal Law Review.

Rep. Bob Lynn, R-Windham

Bob Lynn serves as State Representative representing Windham in the New Hampshire House of Representatives since 2021. He has been Chair of the House Judiciary Committee since 2023. Rep. Lynn was Chief Justice of the New Hampshire Supreme Court from 2018 to 2019 and Associate Justice of the New Hampshire Supreme Court from 2010 to 2018.  He served as Chief Justice of the New Hampshire Superior Court from 2004 to 2010 and Associate Justice of the New Hampshire Superior Court from 1993 -2003.  He worked for 11 years as federal prosecutor in New York, Connecticut, and Massachusetts. Rep. Lynn was born and raised in West Haven, Connecticut.  He received his J.D. with high honors from the University of Connecticut School of Law. 

Moderator: 

Annmarie Timmins, education and youth reporter for NHPR. 

Annmarie Timmins is the education and youth reporter at New Hampshire Public Radio. She’s been a reporter and editor in New Hampshire for nearly 25 years and previously worked as a reporter at the Concord Monitor and the New Hampshire Bulletin. She has taught journalism at the University of New Hampshire and won a one-year Nieman fellowship to Harvard to study the intersection of mental illness and the criminal justice system.