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Whether to open Fairbanks file argued before high court■ State rep. argues public has a right to know what charges, if any, occurred before Fairbanks was indicted and fled state.By KEVIN LANDRIGAN Telegraph Staff_CONCORD — The public’s faith in the legal profession would be restored if the secret investigative files on the conduct of the late Newport District Court Judge John Fairbanks were opened, a lawmaker told the state’s highest court Wednesday.“There can be little doubt that John Fairbanks was the most villainous, non-violent criminal to appear in recent New Hampshire history,’’ state Rep. Peter Burling, D-Cornish, said in arguments before the Supreme Court.“Neither can there be much doubt that the public has a compelling desire to know what’s in his conduct files. The people have a right to know what went wrong.”But the lawyer for the Professional Conduct Committee urged the five justices to reject the “prurient interest” in this case and protect the confidentiality of both the accused and the accuser.“This court can receive a spate of favorable publicity, I suppose, to satisfy the prurient interest of what went on in the Professional Conduct Committee. Don’t confuse prurient interest with public trust,” said Portsmouth lawyer Paul McEachern.Attorney General Jeff Howard’s office filed a brief generally in support of opening the file, althoughit did suggest the court could listen to testimony in secret before deciding the public’s interest would be served by its release.At present, the disciplinary files on lawyers do not become public unless there is a request for censure, suspension or disbarment made to the Supreme Court.Fairbanks, of Newport, killed himself in a Las Vegas hotel this spring, ending a five-year manhunt.He had been indicted on four counts, including embezzlement of more than $1 million in client savings.Since, at least two people who hired Fairbanks to manage their trust accounts accused the conduct panel of ignoring their pleas for some relief. One of them raised the issue years before his indictment.Burling lodged this request withthe court, concluding the potential transgressions in the Fairbanks case were significant enough to warrant opening the Fairbanks file.“fn some other case, under some other rule, the balance might come out differently. But here the public’s right to know and right to speak must triumph,” Burling said.Justice Sherman Horton said the state has a legal tradition of confidentiality, which gives those lodging the accusation some protection.“You can really bare your soul (about a lawyer) here and not have to worry about it,” Horton said.McEachern said that while Fairbanks is an easy target, the cost to the legal disciplinary systemin release of the files would be too high.“Let’s be frank. No one in this room cares about John Fairbanks. The easiest thing for this court to do would be to say. Put it out there for everyone to see,' ” McEachern said.The conduct committee has been reviewing its own rules for more than a year and is recommending that such case files be opened once the lawyer has been notified of charges against him and a hearing has been scheduled.Under this proposal, the committee still would keep secret complaints that lead to private admonitions of lawyers.
Newspaper Details
Nashua Telegraph
Nashua, New Hampshire, US
Thu, Jul 07, 1994
Page 9
Full Page
Clipped by
Calvin W.
USA 14 Aug 2023
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