Historical Shift and the Impact on Checks and Balances

Over fifty years ago, the New Hampshire Supreme Court shifted the balance of power among the three branches of government, shifting authority away from of the Executive and Legislative branches to serve as the check and balance on the Judicial Branch (Supreme Court Opinion, Unification of the New Hampshire Bar, 109 N.H. 260, 1968). In it’s petition to the NH Supreme Court, The NH Bar Association highlighted, “An integrated Bar will be able to publicly express the views of a majority of the lawyers of the state particularly with respect to legislation affecting the administration of justice and the practice of law. See Lathrop v. Donohue, 367 U.S. 820, 844.”  Once established, judicial dominance prevailed, is unchecked, while undermining both the separation of powers and accountability.

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