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As bail reform goes to negotiations, some say a compromise is finally possible • New Hampshire Bulletin

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As bail reform goes to negotiations, some say a compromise is finally possible • New Hampshire Bulletin


Ever since the New Hampshire Legislature passed a bill aimed at reducing the number of people held without bail in 2018, lawmakers – particularly Republican ones – have sought to roll it back. But among those seeking to limit who can be released on bail, divisions have emerged, and those disagreements have doomed past efforts. 

This year, lawmakers are in the same position: considering a bill to reduce the availability of bail and wrestling over the best way to do it. But this time, some say a deal is closer than ever. 

“It has taken years of debate to figure out how to fix our broken bail system but this bill now presents a solution to fix the problem,” argued Sen. Sharon Carson, the Senate majority leader and a Londonderry Republican, in a statement. 

On Wednesday, House and Senate negotiators will meet to try to hammer out an agreement on House Bill 318. As passed by the House, that bill would have created a system that would allow magistrates to adjudicate bail issues when judges are unavailable, an idea intended to reduce the amount of time people have to wait behind bars after being arrested.

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The House bill would have also required that people charged with a series of felonies be held in jail until they can be seen by a judge or magistrate. Currently, people who are arrested during non-court hours may be seen by a bail commissioner, who may make an initial determination of whether they can be released before seeing a judge. The House bill would block the bail commissioner option for those charged with certain felonies.

To House representatives, the legislation was intended as a compromise with the Senate. It came after months of efforts to cobble together a bill that could please both chambers. And it included most – but not all – of the 13 felonies and misdemeanor charges that Senate President Jeb Bradley had requested lead to automatic jail time until the defendant’s arraignment.

But the Senate has made its own tweaks to the compromise bill. And now, the matter is getting another round of negotiations. 

Here are some of the sticking points.

The standard of evidence

One major difference between the House and Senate versions of the bill is how much evidence the judge would be required to see before holding someone charged with a violent felony without bail. 

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Currently, the standard is high. In order to deny bail, a judge must determine by “clear and convincing evidence” that releasing the defendant “will endanger the safety of that person or the public.” 

But there is another, easier, standard to meet: “preponderance of the evidence,” in which the judge need only determine that the risk of danger is more likely true than not true. 

The House had sought to create a new category – “substantial evidence” – to serve as a middle ground. Substantial evidence is defined as “more than a preponderance of evidence and less than clear and convincing evidence.”

But the Senate wants to lower the standard for bail denial down to preponderance of the evidence for all those charged with violent felonies. 

The question of magistrates

Recently, bail reform proponents have pushed one recurring idea: adding magistrates to the system. Magistrates would present an alternative to judges when it comes to holding arraignments, potentially reducing the amount of time defendants are waiting in jail without bail, advocates say.

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Both the House and the Senate’s bills require the judicial branch to hire magistrates, and both would require the branch to determine the cost of doing so and would authorize funding for it out of the state’s general fund. But the Senate would require at least three, and the House would require at least 10.

Both the House and the Senate bills would require either a judge or a magistrate to hold the arraignment within 24 hours of their arrest. But the Senate would also allow the magistrate to hold telephonic arraignments. Under the Senate bill, if a defendant wanted to appeal the magistrate’s telephonic hearing, they could request a new hearing in person. 

Electronic monitoring and protective orders

The House version of the bill would require courts to order electronic monitoring of any defendant who is the subject of a domestic violence or stalking protective order. Currently, electronic monitoring is an option for judges in those cases, but not mandatory. 

Under the House bill, defendants would be responsible for covering the cost of that monitoring, unless the court determined that the defendant couldn’t afford to do so. The state’s counties would develop criteria to determine when a defendant was sufficiently indigent. 

The House bill would also require police departments to attempt to contact the alleged victim within an hour, to warn them if a bail commissioner was releasing the defendant ahead of their arraignment. 

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The Senate removed many of those provisions from the bill – including the requirement that courts order electronic monitoring.

Paying bail commissioners

New Hampshire’s bail commissioners are meant to earn $40 for each defendant for whom they hold a hearing. But commissioners must collect that fee from the defendant directly, and many have testified that the defendant does not have it when arrested, making recovery very difficult. 

Both the Senate and the House bills would change the system so bail commissioners would be paid directly by the court, instead of the defendant; the court would then be responsible for collecting the fee from the defendant. And both chambers’ bills raise the payout to $50 per bail commissioner visit. But while the House bill would pay the commissioners on a monthly basis, the Senate bill would pay them every 90 days.

A ‘political reality’

For advocates of rolling back or limiting the state’s 2018 bail reform, the proposed compromises in the House and Senate are welcome: They allow courts to more easily hold defendants of violent crime.

“No one should be denied bail solely because they cannot afford it. This bill does not change that,” said Sen. Daryl Abbas, a Salem Republican, in a May 16 statement. “However, defendants accused of violent crimes should go in front of a judge to determine if they are a threat to the public. This bill is a comprehensive solution to a complex problem we are facing, and it is critical we pass this bill to ensure the safety of our state.”

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And for supporters of the 2018 bail reform, the bills offer measures that could ensure defendants of other crimes are released more quickly after their arrest, allowing them to return to their lives.

If it were up to Buzz Scherr, professor and chairman of the International Criminal Law and Justice Program at the University of New Hampshire Franklin Pierce School of Law,  lawmakers wouldn’t be changing anything about the 2018 law. Scherr, who has followed and testified on the bills for years, has pointed to falling crime rates in New Hampshire in recent years as evidence that the 2018 law has not made the state less safe and that reforms aren’t needed.

But, said Scherr in an interview: “That’s not political reality. That’s just not going to happen.”

Of the two proposals for reform, Scherr personally prefers the House version – which he terms the “grand bargain” – and argues that the lower evidentiary standard for holding a defendant in the Senate version would lead to more people being held after being arrested, “but not necessarily the right people.” 

Those who want to pare back bail reform have argued that police departments have been overwhelmed with defendants who are released and reoffend. But Scherr said the impact of making bail stricter could upend individuals’ lives in the interest of cracking down. If people are held in jail for days or weeks after their arrest, they can lose everything – even if they are ultimately found not guilty at the end of the trial. 

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“You’re going to hold people who shouldn’t be held,” he said. “And it’s going to ruin their lives.”



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New Hampshire

This Trail in White Mountain National Forest is Worth the Climb

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This Trail in White Mountain National Forest is Worth the Climb


When considering a hike, many often look at the payoff. For photographers, this may be the views along the way, especially at a summit. Those looking to use a hike as a way to fulfill their daily exercise goal look for the length and difficulty of a trail. Some merely look for a flat, easy trail so they can pop on some headphones and zone out for a few hours. Others want a trail with some history and/or excitement along the way.

In truth, there are fewer people than one might expect who view hiking as a hobby and not as a means to an end. These people are actually surprisingly easy to spot, because these are the people who take those hard hikes that aren’t famous on social media and remain off the beaten path. The Hancock Trail in New Hampshire, as it happens, is a great example of such a hike that hobbyist hikers choose for the love of the activity. 

The trail is located in the White Mountain National Forest, an area that was once one of the most remote in New Hampshire before a highway system was established. This remote status means that parking is free, but note that there are no bathrooms. It also means that the area is popular for camping and seasonal activities such as snowshoeing, so you may be surprised by how many locals and tourists visit the trail/area. Taking just over nine miles to complete, this loop hike is not for the faint of heart. Although when considering the trail as a whole, one could find it to be of moderate difficulty, the truth is that many miles of it are flat, but other parts are so steep that scrambling is required, and the hike does require 2,600 feet in elevation gain. 

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Hikers recommend doing this hike in a clockwise fashion. During the trek, which takes about six hours, you’ll walk through forests, pass over rivers, and scramble up mountains to reach two summits with pleasant views of the surrounding mountains before you loop back around to the parking lot. Although, as mentioned, good amounts of the trail are flat and other parts can be dangerous—especially on the South Mountain, where the rocks are known to be loose. To get up safely, it’s recommended to use the protruding roots as handholds if you find yourself in a particularly steep area. You can also bring hiking poles and, of course, wear sturdy footwear. 

For those looking for pictures, the two summits offer lovely views, especially during fall foliage season. For those looking for a great workout, you’ve certainly got one. For those looking for an easy trail to listen to music and zone out on, well, it’s not an easy trail, but you could certainly still use your headphones. Finally, for those looking for excitement, this trail may be a bit long for you, but the steep sections are certainly a thrill in and of themselves. Then, for those hikers using this trail for the love of the hobby (perhaps looking for a bit of everything), it’ll be easy to enjoy the variety of experiences that the Hancock Trail and the surrounding White Mountain National Forest offer!

Ready to start planning your next trip? Try Only In Your State’s itinerary planner.

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NH Supreme Court defends $50,000 payout to top Judicial Branch employee

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NH Supreme Court defends ,000 payout to top Judicial Branch employee


Justices on the New Hampshire Supreme Court are defending an irregular personnel maneuver that allowed a top state court employee to collect nearly $50,000 in employment benefits following a layoff that lasted just 48 hours.

The sitting justices — with the exception of Justice Anna Barbara Hantz Marconi — issued a statement Thursday evening saying that Dianne Martin’s removal from her position as the top administrator of the state court system and subsequent hiring into a new role in the Judicial Branch two days later was in line with “standard personnel policies.”

Chief Justice Gordon MacDonald, along with Justices Patrick Donovan, Melissa Countway, and Bryan Gould, issued the statement in response to reporting by New Hampshire Public Radio that described how Martin was able to cash out her unused sick and vacation time before transitioning into her new position, a benefit other state government employees are typically not granted when moving between state jobs.

The state Judicial Branch had earlier declined to respond to a detailed list of questions NHPR sent prior to publication, or respond to a whistleblower’s allegations that MacDonald — who has a long professional relationship with Martin, including when she served as his chief of staff — helped orchestrate the payout.

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Late Thursday, however, the justices issued a statement acknowledging “public interest” in the matter.

“The Court remains committed to responsible stewardship of public resources and to maintaining the effective administration of justice across the state,” the four justices wrote.

According to the statement, Martin was removed as director of the Administrative Office of the Courts on March 3 as part of a “reorganization” that called for the elimination of the position. The justices say that realignment was part of a cost-cutting review that began in early 2024.

On the same day Martin was removed from her position, however, the state Supreme Court announced an interim replacement for her in the role of director, calling into question the claim that the position was eliminated. In fact, the administrative director position would remain filled by Judge Chris Keating, Martin’s replacement, until mid-October — a full six months — when the Judicial Branch then formally announced the abolishment of the position. (Keating now holds the title of State Court Administrator, a job that assumes many of the responsibilities of the former administrative director, along with other new responsibilities.)

Justices defend handling of Martin’s transition

Internal personnel records obtained by NHPR showed that Martin was laid off on April 1 but was rehired into a new job as general counsel two days later. That brief gap in state employment cleared the way for Martin to cash out her unused sick and vacation time, which was valued at $43,548. She also received $6,307 in “termination pay,” based on her length of employment at the Judicial Branch.

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The justices did not respond to a series of questions from NHPR on Friday about why Martin was laid off for two days, instead of directly transitioning into the new position. The statement from the court Thursday said that the New Hampshire Department of Administrative Services, which oversees personnel policies for other branches of government, “reviewed” the transaction. A lawyer for that agency did not respond to a request for comment on when that review took place, or if it raised any concerns about the transactions involving Martin.

When Martin was rehired by the Judicial Branch on April 4 into a new role overseeing applications to practice law in the state, the job was already filled by a veteran in-house legal counsel, Sherry Hieber. Hieber had previously informed the court about her plans to retire that summer. Martin and Hieber would simultaneously hold the position for five months, with each earning a salary of more than $154,000.

The position is funded entirely through bar admission and application fees, and doesn’t come out of the courts’ general fund budget, the justices said.

In defending the overlap, the justices said they “determined that Ms. Martin should work alongside her predecessor for several months before taking over as General Counsel so that she could absorb the institutional knowledge necessary to the execution of her responsibilities.”

The five-month overlap appears to violate the Judicial Branch’s own personnel rules, however, which state that any dual appointments to the same position cannot last longer than two weeks. A court spokesperson declined to respond Friday as to why the justices appear to have sidestepped their own rules.

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The justices’ statement also did not address claims made by a whistleblower who said that moving Martin into the new position was the “chief’s idea,” an apparent reference to MacDonald. Handwritten notes obtained by NHPR through a public records request show that the whistleblower told a state official that “Dianne won’t accept the transfer because she wants the layoff payout $.”

Martin remains employed with the Judicial Branch as a general counsel, and reports directly to MacDonald.

Two of the state’s current five Supreme Court justices were not sitting on the bench when Martin’s job moves took place earlier this year. Gould, who signed onto Thursday’s statement from the court, was only confirmed to his seat on the bench in September, months after Martin’s change in jobs. Hantz Marconi, who did not sign Thursday’s statement, was on administrative leave from the bench earlier this year, as she faced criminal charges related to attempting to meddle into an investigation involving her husband, the state’s port director.

Earlier this week, Gov. Kelly Ayotte declined to comment on if she would support an investigation into the payments to Martin, saying it involved a separate branch of government. She did tell reporters, though, “that everyone in government, every branch, has to follow the laws and the rules. And so I want to make sure that happens.”

On Thursday, top New Hampshire House Republicans said that they were preparing to take action when they return to Concord early next year on a range of issues involving the judiciary.

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“I think we’re going to see a number of cases come up over the next few months where the legislature uses our authority to hold the justices, the judicial branch, accountable,” said Rep. Joe Sweeney, the House’s deputy majority leader.

Sweeney declined to say which judicial officials or what conduct he sought to review.

“I think as we continue to uncover certain things that are happening behind the scenes, we’ll then come out with different plans for different judges,” he said.





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N.H. Dems criticize Ayotte for not joining suit over SNAP benefits

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N.H. Dems criticize Ayotte for not joining suit over SNAP benefits


Leading Democrats criticized Republican Gov. Kelly Ayotte and Attorney General John Formella for their refusal to join 25 states that have sued the Trump administration over its refusal to allow contingency funds to replace Supplemental Nutrition Assistance Program (SNAP) benefits when they run out on Saturday due to the federal government shutdown. House Democratic Leader Alexis Simpson of …



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