The Senate met at 9:00 a.m.

A quorum was present.

The prayer was offered by Reverend Dr. Robert de Wetter, Senate Guest Chaplain.

Senator Fraser led the Pledge of Allegiance.

The House of Representatives has voted to override the Governor's veto on the following entitled Senate Bill:

SB 153, requiring that a percentage of profits derived by the liquor commission be placed into and continually appropriated to a special fund for alcohol education and abuse prevention and treatment programs.

Pursuant of Part II, Article 17 of the New Hampshire Constitution, the House of Representatives, this day, July 12, 2000, has adopted four articles of impeachment against David A. Brock, Chief Justice of the New Hampshire Supreme Court.

The Speaker has appointed:

Representatives: Henry Mock, Janet Wall, Loren Jean, John Pratt, Phyllis Woods, James Craig

As managers to appear before the honorable Senate in the name of the people of the state of New Hampshire to exhibit to the Senate said articles of impeachment against David A. Brock.

00-2841

09/01

ANALYSIS

This resolution recommends that articles of impeachment be brought against supreme court chief justice David A. Brock.

STATE OF NEW HAMPSHIRE

Whereas, the New Hampshire house of representatives has directed its judiciary committee "to investigate whether grounds exist…to impeach chief justice David A. Brock and/or any other justice of the New Hampshire supreme court"; and

Whereas, the house judiciary committee has conducted such investigation, and it hereby moves that the house adopt the following resolution relative to chief justice David A. Brock; now, therefore, be it

Resolved by the House of Representatives:

That the judiciary committee has found, by clear and convincing evidence, that the house, acting under Part II, Article 17 of the New Hampshire constitution, has cause to request the senate to exercise its powers under Part II, Article 38 of the New Hampshire constitution to conduct a full and impartial trial to determine whether David A. Brock, chief justice of the supreme court of New Hampshire, should be convicted and removed from office if the senate concludes that he has committed any or all of the acts enumerated in the articles of impeachment below, each of which the house has determined, if proved, constitutes an impeachable offense as set forth in Part II, Article 38 of the New Hampshire constitution:

During the period beginning on or about March 1, 1987 and ending on or about November 5, 1987, chief justice Brock engaged in conduct that constituted the impeachable offenses of maladministration or malpractice in connection with the case of Home Gas Corp. v. Strafford Fuels, Inc. and Edward C. Dupont ("Home Gas"). Specifically, chief justice Brock engaged in the following improper conduct:

1. Chief justice Brock placed a telephone call to superior court judge Douglas Gray, who was presiding over the case. During that conversation the chief justice inquired about the status of the case and informed judge Gray that Mr. Dupont was a state senator.

2. Chief justice Brock failed to report said telephone call to his colleagues on the supreme court at the time the court had the appeal of "Home Gas" under consideration.

That chief justice David A. Brock has committed an impeachable offense warranting trial by the senate.

On or about February 4, 2000, chief justice Brock engaged in conduct that constituted the impeachable offenses of maladministration or malpractice in connection with the case of Thayer v. Thayer, a divorce case in which W. Stephen Thayer, III, then a justice of the supreme court, was a party. Specifically, chief justice Brock engaged in the following improper conduct:

1. On February 4, 2000, chief justice Brock engaged in ex parte communications with justice Thayer and with the other justices, all of whom had been recused, in which he solicited their comments regarding superior court judges to be appointed to the supreme court panel that would hear the appeal of the trial court’s judgment.

2. On February 4, 2000, chief justice Brock participated in an ex parte communication with justice Thayer in the hallway outside the court’s conference room in which the chief justice discussed possible appointments to the supreme court panel that would hear the appeal of the trial court’s judgment.

That chief justice David A. Brock has committed an impeachable offense warranting trial by the senate.

Chief justice David A. Brock did knowingly testify falsely under oath to the house judiciary committee, with the intention of hindering the HR 50 investigation, with respect to the following material matters:

1. On May 19, 2000, he testified that he did not know whether or not a March 3, 2000 letter from his attorney had been sent to the attorney general’s office.

2. On May 19, 2000, he testified that he did not have certain documents relating to the "Home Gas" investigation when in fact he did have those documents and had reviewed them within a few days before giving testimony.

3. On May 19, 2000, and on June 23, 2000, he testified that on February 4 he did not have a conversation in the hallway outside the supreme court conference room with justice Thayer.

4. On May 19, 2000, and on June 23, 2000, he testified that he did not make a telephone call to superior court judge Douglas Gray concerning the Home Gas case.

That chief justice David A. Brock has committed an impeachable offense warranting trial by the senate.

Senator Cohen moved that the Senate now adjourn for the express purpose of constituting itself as a court of impeachment to hear, try and determine the articles of impeachment made by the House in Resolution 51.