Family Division Update: Qanda With Circuit Court Administrative Judge Edwin W. Kelly
| Jurisdiction | New Hampshire,United States |
| Citation | Vol. 53 No. 2 Pg. 0006 |
| Pages | 0006 |
| Publication year | 2012 |
2012 Summer, Pg. 6. FAMILY DIVISION UPDATE: QandA with Circuit Court Administrative Judge Edwin W. Kelly
Volume 53, No. 2
Summer 2012
The Family Division began as a pilot project in 1995 in Rockingham and Grafton Counties. In 2004, the legislature authorized a statewide expansion. Since then, the Family Division has expanded to all but one county and the Division itself is now part of the newly formed Circuit Court. In these questions and answers, Attorney Margaret Kerouac explores accomplishments, recent changes and upcoming developments in the Family Division with Circuit Court Administrative Judge Edwin W. Kelly with assistance from Gina B. Apicelli, Family Division Administrator.
Attorney Kerouac: You were the Administrative Judge of the Family Division for about eight years, from the time statewide expansion was launched. What do you see as some of your accomplishments for this court?
Judge Kelly: Among the most important accomplishments is the proactive approach we took to the implementation of RSA 461-A. That statute set out a requirement for parenting plans and it allowed courts to order mediation even if the parties were not requesting it. We could have complied with the law by leaving parenting plans to the parties to develop, or simply by listing the topics the statute required within the parenting plan. Instead, we worked closely with practitioners, judges and marital masters to develop a comprehensive parenting plan that forces conversations on important parenting issues some parents might not consider otherwise. Similarly rather than allow the mediation aspect of this statute to play out as it might have, we developed an entirely new approach to mediation and created the First Appearance process. This session, unique to New Hampshire, forces the focus of divorcing parents from a strictly adversarial mindset to one that mandates they address the issues related to their children as their primary goal at the outset. Put another way it allows parents to recognize that they have options on how to proceed with their case and makes it clear that mediation is a presumption in cases with children. It was our conscious decision to emphasize mediation and de-emphasize the traditional adversarial process on matters related to children and parenting. I am particularly pleased that today mediation has become an integral part of the process. I remain convinced that most parents know what is best for their children and that mediation provides the best forum for discussing those needs.
I am also pleased with the relationship we have established with the NH Bar in general for the Circuit Court, and in particular with the family law section for marital case types. This relationship has allowed us to work together over the years on the practical implementation of law changes, rules, and forms and to problem-solve as issues arose. Through this relationship, for example, we improved the Family Division court rules and we drafted and implemented the mandatory self-disclosure rule. More recently and as a result of a meeting we had with the Bar leadership, we are working collaboratively with the Bar to develop a comprehensive training for the incoming judges, who we hope will be nominated and appointed soon. Overall, our relationship with the Bar has helped us to be more aware of and respond to issues from practitioners.
Attorney Kerouac: What is the plan to replace the marital masters who are leaving and to ensure that appointments are acted upon in a timely fashion?
Judge Kelly: When the Circuit Court legislation was proposed, our plan was to eliminate master positions as each existing master retired or resigned. Through the legislative process, that plan was severely altered to require that as each marital master's three- or fve-year appointment expires their marital master positions are eliminated. I feel the need to pause on this topic to relate my personal and professional disappointment at what has occurred.
It is clear, and has been for some time, that it is important to move from a marital master system for the adjudication of marital matters toward a judicially based system. The Marital Master program was begun at a time when there simply were not enough judges with the training and interest...
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