United States District Court for the District of New Hampshire

District of New Hampshire
First Circuit
Judgeships
Posts: 3
Judges: 3
Vacancies: 0
Judges
Chief: Landya McCafferty
Active judges: Samantha Elliott, Joseph Laplante, Landya McCafferty Senior judges: Paul Barbadoro, Steven McAuliffe

The United States District Court for the District of New Hampshire is one of 94 United States district courts. When decisions of the court are appealed, they are appealed to the United States Court of Appeals for the First Circuit based in downtown Boston at the John Joseph Moakley Federal Courthouse.

Vacancies

See also: Current federal judicial vacancies

There are no current vacancies on the United States District Court for the District of New Hampshire, out of the court's three judicial positions.

Pending nominations

There are no pending nominees for this court.

Active judges

Article III judges

Judge	Appointed By	Assumed Office	Bachelors	Law
Joseph Laplante	George W. Bush (R)	December 28, 2007 -	Georgetown University, 1987	Georgetown University Law Center, 1990
Landya McCafferty	Barack Obama (D)	December 17, 2013 -	Harvard, 1984	Northeastern University Law, 1991
Samantha Elliott	Joe Biden (D)	December 21, 2021 -	Colgate University, 1997	Columbia Law School, 2006

Active Article III judges by appointing political party

The list below displays the number of active judges by the party of the appointing president. It does not reflect how a judge may rule on specific cases or their own political preferences.

• Democratic appointed: 2
• Republican appointed: 1

Senior judges

Senior status is a form of semi-retirement. Judges became eligible to take senior status when they meet age and service requirements. Senior judges have the same authority and jurisdiction as active judges, but they often have lower caseloads. It is entirely within a judge's discretion whether or when he or she takes senior status. When a judge takes senior status, they create a vacancy on the court, even if they maintain a full caseload.

Judge	Appointed By	Assumed Office	Bachelors	Law
Steven McAuliffe	George H.W. Bush (R)	April 1, 2013 -	Virginia Military Institute, 1970	Georgetown University Law Center, 1973
Paul Barbadoro	George H.W. Bush (R)	March 1, 2021 -	Gettysburg College, 1977	Boston College Law, 1980

Senior judges by appointing political party

The list below displays the number of senior judges by the party of the appointing president. It does not reflect how a judge may rule on specific cases or their own political preferences.

• Democratic appointed: 0
• Republican appointed: 2

Magistrate judges

Magistrate judges are federal judges who serve on United States district courts but are not appointed by the president. They do not have life tenure, and they do not have authority to hear criminal trials. Full-time magistrate judges serve for renewable terms of eight years. Some federal district courts have part-time magistrate judges, who serve for renewable terms of four years. The specific duties of a magistrate judge vary from district to district, but the responsibilities always include handling matters that would otherwise be on the dockets of the district judges, such as pretrial hearings and civil cases.

Judge	Appointed By	Assumed Office	Bachelors	Law
Andrea K. Johnstone		June 16, 2014 -	Wheaton College	Hofstra University, 1998

Former chief judges

In order to qualify for the office of chief judge in an Article III circuit or district court, or on the United States Court of International Trade, a judge must be in active service and hold seniority over the court's commissioned judges who are 64 years of age or under, have served one year or more, and have not previously served as chief judge.

In the event that no judge on the court meets those qualifications, the youngest judge in regular active service aged 65 years or more and who has served as a judge for one year or more shall become chief judge. If no judge meets those qualifications, the judge holding seniority in active service who has not served as chief before shall become the chief judge.

The chief judge serves for a term of seven years until another judge becomes eligible to serve in the position. No judge is permitted to serve as chief judge after reaching the age of 70 years unless no other judge is qualified to serve.

Unlike the chief justice of the United States, a chief judge returns to active service after the expiration of their term and does not create a vacancy on the court by the fact of their promotion.

On the United States Court of Federal Claims, the chief judge is selected by the president of the United States. The judge must be less than 70 years of age. A chief may serve until they reach age 70 or until another judge is designated by the president as the new chief judge. If the president selects a new chief judge, the former chief judge may continue active service on the court for the remainder of their appointed term.

Joseph Laplante - (2011 - 2018) Steven McAuliffe - (2004 - 2011) Paul Barbadoro - (1997 - 2004) Joseph DiClerico - (1992 - 1997) Shane Devine - (1979 - 1992)

Former judges

For judges of the District of New Hampshire, see former federal judges of the District of New Hampshire.

Jurisdiction

The Counties of New Hampshire (click for larger map)

The District of New Hampshire has original jurisdiction over cases filed within its jurisdiction. These cases can include civil and criminal matters that fall under federal law.

The jurisdiction of the District of New Hampshire consists of all the counties in the state of New Hampshire. The court's headquarters are in Concord.

Caseloads

This section contains court management statistics dating back to 2010. It was last updated in September 2024. Click [show] below for more information on caseload terms and definitions.

Caseload statistics explanation
Term	Explanation
Cases filed and terminated	The number of civil and criminal lawsuits formally initiated or decided by the court in a calendar year. The chart below reflects the table columns Cases filed and Cases terminated.
Average time from filing to disposition	The average amount of time, in months, from a case's date of filing to date of disposition (acquittal, sentencing, dismissal, etc.). The chart below reflects the table columns Median time (Criminal) and Median time (Civil).
Starting case load	The number of cases pending from the previous calendar year.
Cases filed	The number of civil and criminal lawsuits formally initiated in a calendar year.
Cases terminated	The total number of civil and criminal lawsuits decided by the court in a calendar year.
Remaining cases	The number of civil and criminal cases pending at the end of a given year.
Median time (Criminal)	The average amount of time, in months, from a case's date of filing to the date of disposition. In criminal cases, the date of disposition occurs on the day of sentencing or acquittal/dismissal.
Median time (Civil)	The average amount of time, in months, from a case's date of filing to the date of disposition.
Three-year civil cases	The number and percent of civil cases that were filed more than three years before the end of the given calendar year.
Vacant posts	The number of months during the year an authorized judgeship was vacant.
Trial/Post	The number of trials completed divided by the number of authorized judgeships on the court. Trials include evidentiary trials, hearings on temporary restraining orders, and preliminary injunctions.
Source: United States Courts, "Explanation of the Judicial Caseload Profiles for United States District Courts," accessed September 25, 2018

United States Court for the District of New Hampshire caseload stats, 2010-2023
Year	Cases Filed	Cases Terminated	Cases Pending	Number of Judgeships	Vacant Judgeship Months	Average Total Filings per Judgeship	Trials Completed per Judgeship	Median time from filing to disposition, criminal	Median time from filing to disposition, civil	Three-year civil cases (#)	Three-year civil cases (%)
2010	856	747	708	3	0	285	11	11	7	8	2
2011	812	815	680	3	0	270	16	10	8	13	2
2012	759	805	672	3	0	253	10	11	10	6	1
2013	729	784	615	3	8	243	14	10	8	6	1
2014	815	827	616	3	0	272	17	8	8	24	5
2015	833	803	655	3	0	278	9	7	9	29	6
2016	848	738	765	3	0	283	9	8	9	20	4
2017	986	783	969	3	0	329	12	10	9	31	4
2018	1,516	766	1,719	3	0	505	11	9	10	33	2
2019	1,642	765	2,601	3	0	547	11	10	10	57	3
2020	1,410	673	3,332	3	0	470	12	12	9	322	11
2021	1,346	685	3,998	3	10	449	15	15	12	1,063	29
2022	749	666	4,087	3	0	250	12	14	10	1,845	48
2023	722	1,490	3,324	3	0	241	11	16	54	1,770	57
Average	1,002	811	1,767	3	1	334	12	11	12	373	13

History

The District of New Hampshire was established by Congress with one judicial post on September 24, 1789, and assigned to the United States Court of Appeals for the Eastern Circuit, and then was later reassigned to the United States Court of Appeals for the 1st Circuit in 1801. Over time two additional judicial posts were added for a total of three current posts.

Noteworthy cases

For a searchable list of opinions, please see Opinions for the District of New Hampshire.

• Stolen gun liability case (2012)      Judge(s):Paul Barbadoro (Jones v. Secord, 11-1576)	Click for summary→
On July 6, 2012, a three judge panel for the United States Court of Appeals for the 1st Circuit upheld the ruling of Judge Paul Barbadoro of the United States District Court for the District of New Hampshire who held that a NH man could not be held liable for the use of his handgun in a violent crime. Gail Jones, the mother of a shooting victim, filed a lawsuit alleging that Lawrence Secord was liable for the use of his handgun by his grandson in an armed robbery that resulted in three fatalities in 2007. Secord's gun was stolen by his grandson, who broke into a locked summer cabin to obtain the firearm. Barbadoro agreed with Secord that he had taken proper precautions to secure his firearm. Judge Bruce Marshall Selya agreed, writing the opinion of the panel consisting of Judges Jeffrey R. Howard and O. Rogeriee Thompson. He stated in the opinion, "The record here, even when construed in the light most flattering to the plaintiff, does not show either a particularized risk of harm or a degree of foreseeability sufficient to animate this exception." Jones told the press she brought the lawsuit on to raise awareness of gun storage and risk, telling the press, "Firearms are very dangerous when they're in the wrong hands."

• NH State Medicaid Case (2012)      Judge(s):Steven McAuliffe ((dead link) Dartmouth-Hitchcock v. NHDHHS, 11-cv-358-SM)	Click for summary→
On March 2, 2012, Chief Judge Steven McAuliffe of the United States District Court for the District of New Hampshire ruled against the state in a decision that will require the state Department of Health and Human Services to begin following federal guidelines with regard to Medicaid reimbursement rates. The federal government requires that the DHHS announce rate changes with a 15-day notice that provides a justification for changes, followed by a subsequent 30-day comment period. Ten New Hampshire hospitals filed suit, claiming that the state failed to give proper notice, failed to justify the changes and failed to provide hearings. McAuliffe sided with the hospitals and in his 31-page order, demanded that the state comply with the federal laws.

• Alleged Green Mountain Coffee accounting fraud (2012)      Judge(s):William K. Sessions	Click for summary→
Judge William K. Sessions dismissed a 2012 class action lawsuit filed by shareholders alleging that Green Mountain Coffee Inc. misled shareholders through accounting fraud. The suit was filed after the company announced that it was being investigated by the U.S. Securities and Exchange Commission for a $9 million difference in its accounting numbers from 2006 to 2010. The company maintained that the difference constituted a series of small errors and not direct malpractice on their part. Sessions stated, "The fact that the restatement was a collection of several small mistakes, rather than a single, large error, also minimizes any fraudulent reading."

• Pledge of Allegiance case (2009)      Judge(s):Steven McAuliffe (Freedom From Religion Foundation v. Hanover School, Civil No. 07-cv-356-SM)	Click for summary→
Judge McAuliffe presided over a case involving the use of the term "under god" in the Pledge of Allegiance of the United States. On October 2, 2009, McAuliffe dismissed a case from the Freedom from Religion Foundation filed on behalf of the parents of two New Hampshire school students who believe their constitutional rights were being violated.

Federal courthouse

The Warren B. Rudman U.S. Courthouse for the New Hampshire district is located in Concord.

About United States District Courts

The United States district courts are the general trial courts of the United States federal courts. There are 94 such courts. Both civil and criminal cases are filed in the district court, which is a court of both law and equity.

There is a United States bankruptcy court and a number of bankruptcy judges associated with each United States district court. Each federal judicial district has at least one courthouse, and most districts have more than one.

There is at least one judicial district for each state, and one each for Puerto Rico and the District of Columbia. District courts in three insular areas—the United States Virgin Islands, Guam, and the Northern Mariana Islands—exercise the same jurisdiction as U.S. district courts. Despite their name, these courts are technically not District Courts of the United States. Judges on these territorial courts do not enjoy the protections of Article III of the Constitution, and serve terms of 10 years rather than for life.

There are 677 U.S. District Court judgeships.

The number of federal district judge positions is set by the U.S. Congress in Title 28 of the U.S. Code, Section 133, which authorizes a set number of judge positions, or judgeships, making changes and adjustments in these numbers from time to time.

In order to relieve the pressure of trying the hundreds of thousands of cases brought before the federal district courts each year, many trials are tried by juries, along with a presiding judge.

Appointments by president

The chart below shows the number of district court judges confirmed by the U.S. Senate through September 1 of the first year of presidents' second term in office. At this point in the term, President Obama had the most district court appointments with 19.

Judges by district

See also: Judicial vacancies in federal courts

The table below displays the number of judges in each district and indicates how many were appointed by presidents from each major political party. It also includes the number of vacancies in a district and how many pending nominations for that district are before the United States Senate. The table can be sorted by clicking the column headers above the line, and you can navigate through the pages by clicking the arrows at the top of the table. It is updated every Monday.

Judicial selection

The district courts are served by Article III federal judges who are appointed for life during "good behavior." They are usually first recommended by senators (or members of the House, occasionally). The President of the United States makes the appointments, which must then be confirmed by the U.S. Senate in accordance with Article III of the United States Constitution.

Step	A Candidacy Proceeds	A Candidacy Halts
1. Recommendation made by Congress Member to the President	President Nominates to Senate Judiciary Committee	President Declines Nomination
2. Senate Judiciary Committee interviews Candidate	Sends candidate to Senate for confirmation	Returns candidate to President, who may re-nominate to Committee
3. Senate votes on candidate confirmation	Candidate becomes federal judge	Candidate does not receive judgeship

Magistrate judges

The district courts are also served by magistrate judges. Congress created the judicial office of federal magistrate in 1968. In 1990, the position title was changed to magistrate judge. The chief judge of each district appoints one or more magistrate judges, who discharge many of the ancillary duties of district judges so judges can handle more trials. There are both full-time and part-time magistrate judge positions, and these positions are assigned to the district courts according to caseload criteria (subject to funding by Congress). A full-time magistrate judge serves a term of eight years; a part-time magistrate judge's term of office is four years.

See also

• United States Court of Appeals for the 1st Circuit
• District of Maine
• District of Massachusetts
• District of New Hampshire
• District of Puerto Rico
• District of Rhode Island

External links

• Search Google News for this topic
• United States District Court for the District of New Hampshire Official Website
• United States Attorney for the District of New Hampshire Official Website
• United States Probation and Pretrial Services of New Hampshire Official Website
• Opinions of the District of New Hampshire
• Judges of the District of New Hampshire