Legal Briefs: News from Around NH

Andrew Livernois

Belknap County Attorney Andrew Livernois tapped for Superior Court judge

The county’s attorney could soon become a judge, if the Executive Council agrees with Gov. Chris Sununu’s nomination.

Andrew Livernois, who has served as Belknap County’s attorney since 2017, was given Sununu’s nod for a Superior Court appointment during the Executive Council meeting on Jan. 31.

The process to become a judge in New Hampshire starts with an application to the Judicial Selection Committee, appointed by Sununu. Those who wish to preside over cases apply to the committee, and that body then creates recommendations for Sununu to select from when there’s an opening.

A public hearing for Livernois’ nomination is scheduled for 1 p.m. on Wednesday, Feb. 21, following the Executive Council meeting that day. The earliest Livernois could be confirmed to a judgeship would be during the first Executive Council meeting in March.

Livernois was not available for comment on Friday. — Adam Drapcho/Laconia Daily Sun

Exceptions to slavery could soon be constitutionally outlawed in New Hampshire

In 1865, the ratification of the 13th Amendment to the United States Constitution outlawed slavery with the exception as a punishment for a crime. If one piece of legislation currently making its way through New Hampshire’s legislature becomes law, that exception will be gone here in the Granite State.

Last Thursday, the New Hampshire House of Representatives voted 366-5 to advance CACR 13, a bill that would amend New Hampshire’s constitution to explicitly ban slavery without any exceptions.

If passed, individuals sentenced to prison time in the state of New Hampshire would still be separated from the general public, but they would receive the same rights as non-incarcerated individuals when it comes to work.

Lead sponsor Amanda Bouldin (D-Manchester) told the New Hampshire House of Representatives Veterans and Federal Affairs Committee that the state has been avoiding the issue for hundreds of years and that what might seem like a given protection from the federal government may evaporate like in the case of the Dobbs decision or if ties between New Hampshire and the federal government were removed completely.

Bouldin joked her wish that passage of the constitutional amendment could contradict the memory of her great-great-great-great-great grandfather, U.S. Representative Thomas Tyler Bouldin (D-VA-5), who she said was a misogynist, a slave-owner and the only man to die while speaking in Congress.

“I hope you join with me in deeply upsetting his memory and making him roll over in his icy grave,” she said.

The bill received unanimous approval in committee, and a letter of approval from New Hampshire Department of Corrections Commissioner Helen Hanks.

An amendment to the bill by State Representative J.D Bernardy (R-South Hampton) that would have copied the wording of the 13th amendment and replaced “United States” with “New Hampshire” failed, 168-201.

Bernardy said that the 13th amendment had served the country well and feared that the bill could be construed as making parents indentured servants to their children.

State Representative Jonah Wheeler (D-Peterborough) was one of several legislators who spoke against the amendment, citing the hundreds of thousands of people still enslaved today through debt bondage, sex trafficking and other means.

“The problem with (the 13th amendment) is that it leaves an excuse for slavery,” he said. “And as a student of history, I don’t think there should be any exemption for slavery.”

The bill will also have to receive a three-fifths majority in the New Hampshire Senate before it can go on the ballot, where it would require a two-thirds majority from voters.

Alabama, Tennessee, Vermont and Oregon voters approved similar measures in 2022 and efforts are underway in Nevada and California to address the topic, with Utah, Nebraska and Colorado approving similar measures as well before 2022. — Andrew Sylvia Civics/Manchester Ink Link

Mark Brave

Plea deal may be in works for Mark Brave, ex-Strafford County sheriff

A dispositional hearing scheduled for Tuesday in the case of former Strafford County Sheriff Mark Brave has been rescheduled for March 5. Leif Becker, Brave’s attorney, said the hearing was rescheduled because the state needs more time to work on a potential plea deal.

“The delay is not indicative of any plea agreement,” Becker said. “In every criminal case, an offer and an attempt to resolve the case is made. That’s all this currently means.”

In the state’s motion to continue, Assistant Attorney General Joe Fincham said the state has begun the process of providing discovery material to Brave and his attorney. He stated they have not yet formalized details of a formal plea offer but anticipate that being completed within about two weeks.

Mark Brave announced his resignation as Strafford County sheriff in court in early December, leading state prosecutors to withdraw their request to revoke his bail on eight felony charges.

Brave, 38, has been free on bail since August, when he was charged with using $19,000 in county funds to pay for trips involving his extramarital affairs and lying about it to a Strafford County grand jury. He had been on paid leave as sheriff.

He faces two counts of falsifying physical evidence, one count of theft by deception, one count of perjury (inconsistent material statements), and four counts of perjury (false statements under oath).

Brave faced a bail revocation hearing in Rockingham County Superior Court in December after he lied about his finances to get a court-appointed, taxpayer-funded attorney. Prosecutors agreed to withdraw the bail revocation after Brave agreed to resign as sheriff.

In his resignation letter, he wrote, “I am proud to have served as high sheriff of Strafford County and to have been both the youngest sheriff and first African American man to have served in this role across the state of New Hampshire. At this time, I feel it is in the best interest of Strafford County, my subordinates, and the populations we serve that I step aside while I address the allegations made against me. I look forward to resolving my pending legal matter and to serving my constituents again in (the) future.”

No trial date has been set. — Karen Dandurant/Foster’s Daily Democrat

Nathan Warecki

Nathan Warecki promoted to partner at Nixon Peabody

Nixon Peabody LLP has promoted Manchester complex disputes attorney Nathan Warecki to partner as part of the law firm’s 2024 new partner class.

Warecki represents businesses, academic institutions and individuals in complex state and federal litigation. As a member of Nixon Peabody’s Class Actions and Aggregate Litigation and Non-Compete & Trade Secrets teams, Nate advises clients in a variety of industries, with a focus on class actions and mass torts, restrictive covenants, and commercial disputes.

He has a particular focus in the franchise industry, having represented franchisors in litigation and arbitration throughout the United States, and also on immigration law, having led or participated in a number of high-profile habeas corpus and civil rights lawsuits.

Outside of his practice, Nate is an active pro bono contributor working on behalf of clients across a broad range of immigration matters.

Six-year-old from Concord testifies against bill that would prohibit SEL classes

Cordelia Dubois, a first grader at Abbot-Downing School in Concord, was unhappy when her mother told her some of the social and emotional learning classes that she enjoys might be coming to an end.

So she took center stage at a hearing for House Bill 1473 on Monday morning, with a printed toolkit illustrating her coping mechanisms for challenging emotions.

“SEL class helps me to stay calm and happier,” Cordelia told lawmakers. “They taught me what I can do when I am mad at school or at home.”

Social-emotional learning classes in New Hampshire’s public schools are a way to foster self-awareness, encourage empathy towards others and provide students with the essential tools to navigate their emotions as they grow. It equips them to communicate their feelings healthily and constructively, supporters say.

State Rep. John Sellers, a Bristol Republic who sponsored the bill said that social and emotional learning unnecessarily permeates various classes.

Stating an example, he said in math classes, instead of focusing on teaching how to solve problems, teachers get hung up on social aspects like relationships and economic status that potentially “get kids worked up.”

“It’s going into the psyche of the child and it is teaching the child certain aspects beyond what the family should be teaching the child and I think it’s usurping the family,” said Sellers.

As of Monday, 3800 testimonies were submitted against the bill that would prohibit SEL classes in public schools. Only 117 were submitted in support of the legislation.

According to mental health experts, social and emotional learning is also vital for maintaining positive mental health and preventing behavioral health issues.

The National Alliance on Mental Illness New Hampshire reports that 15,000 Granite Staters aged between 12 and 17 have depression.

But Stacey Brown of Durham witnessed firsthand how social skills in SEL lessons transformed her son’s third and fourth-grade classroom into an encouraging environment.

Her son was struggling to keep up with the rest of the class.

At first, the students were trying to see how quickly they could solve a multiplication problem before Brown’s son could read a number from a flashcard.

But soon things changed and they then began applauding Brown’s son as he improved his speed.

“Each kid wanting to take a turn not to beat him but to see him succeed. It is the same kids that stood and cheered loudly and long when we walked across the graduation stage,” Brown said, fighting back tears as she read her testimony.

Emphasizing the importance of schools as places where children not only learn academic subjects but also essential life skills, Brown said she is against the bill and urged the state to continue supporting this holistic approach.

“In order to succeed in schools students need to be physically, mentally and emotionally available. Bill like this pit families against schools. It should not be the way. It does after all take a village,” said Brown. — Sruthi Gopalakrishnan/Concord Monitor