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Judicial evaluation system to change

By Damien Fisher - Staff Writer | Mar 27, 2018

CONCORD – Changes are in store for the judicial evaluation survey after it was learned a Nashua District Court judge was manipulating the system.

Judge Paul S. Moore, 59, of Bedford, is facing charges before the state’s Judicial Conduct Committee, and he is now also the subject of a criminal investigation, after he was caught forging favorable job performance surveys last year.

On Monday, members of the state’s Judicial Performance Evaluation Advisory Committee met in the Supreme Court building to discuss tightening the security surrounding the surveys to prevent something like this from happening again.

Judges in New Hampshire are reviewed every three years through an anonymous survey program. People who have had business before the judge under review, such as attorneys, court personnel, litigants and probation officers, are selected randomly to fill out a one-page paper survey. The survey also can be conducted online.

Former Supreme Court Judge Carol Ann Conboy said the system in place allows for anonymity of the people filling out the survey. While there were concerns when the system was first implemented that someone with a grudge against a particular judge might try to manipulate the system, Conboy said the judiciary decided to err on the side of allowing for anonymity, because that was thought to bring in the most honest evaluations.

“We wanted to have the broadest range of input,” Conboy said. “We really wanted to get an accurate picture of a judge’s performance.”

What the committee did not expect to happen was for a judge to try to manipulate the system in order to get favorable reviews. That’s what Moore is accused of doing, through selecting the people picked to fill out the anonymous surveys and filling out numerous surveys and submitting them online. Supreme Court Justice Robert Lynn, picked last month to be the new chief justice, said in some ways the system worked in regards to Moore.

“What happened with Judge Moore is something that was uncovered by the judicial branch,” Lynn said. “We weren’t asleep at the switch. But it’s also fair to say this was something we regarded as a shock.”

The committee is going to explore working with the University of New Hampshire on changing the online survey to still allow for anonymity, but not allow one person to take more than one survey. Andrew Smith, a UNH professor and member of the committee, said the school can find a way to protect the anonymity of the survey taker, while providing better security for the system.

Moore was removed from the bench in October and escorted out of the Nashua court house without any public explanation. He was placed on paid administrative leave at that time. That changed to unpaid leave with the announcement of formal charges from the Judicial Conduct Committee earlier this month.

During the investigation, Moore admitted to forging positive performance evaluations and trying to manipulate the system in other ways. He blamed these actions on his physical and mental deterioration related to post traumatic stress disorder.

“I allowed my anxiety about the process to interfere with my role as a judicial officer,” Moore wrote in a letter to the JCC.

The New Hampshire Attorney General’s Public Integrity Unit is investigating Moore for alleged tampering with public records, obstruction of governmental administration and unsworn falsification. He is also due to answer to the charges before the JCC in May.

Damien Fisher can be reached at 594-1245 or dfisher@nashuatelegraph.com or @Telegraph_DF.

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