Attorney General MacDonald confirmed as supreme court chief

National Court News

Attorney General Gordon MacDonald was confirmed Friday as chief justice of the New Hampshire Supreme Court, 18 months after he was initially rejected for the position.

Republicans won a 4-1 majority on the Executive Council in November, ousting Democrats who had blocked MacDonald’s confirmation in July 2019. He will replace Chief Justice Robert Lynn, who retired in August that year.

While MacDonald had broad support from the legal community ? including from Lynn and his two predecessors ? opponents questioned his lack of experience as a judge and his involvement in conservative Republican politics.

MacDonald is Republican Gov. Chris Sununu’s third appointee to the high court without experience as a judge, and the first in at least a century to become chief justice without prior time on the bench.

During a public hearing Thursday, MacDonald said his experience, knowledge and skills have prepared him for the key duties of the job: serving as an appellate judge, acting as administrator of the entire court system and being a leader in the legal profession.

And he promised to leave his personal views at the door, scrupulously follow the law, and deliver fair, impartial decisions in a timely manner.
 
Councilor Joe Kenney said that neither MacDonald nor the state’s justice system is perfect, but that he was confident MacDonald would be an exceptional judge, problem solver and manager.

“I think it’s time we move on with one of our citizens here in New Hampshire, one who has exemplified true character, a legal mind and a willingness to work with people and help serve the people of the New Hampshire the best way he knows how,” he said.

Cinde Warmington, the lone Democrat on the council, insisted her vote was not political but said she had substantial concerns about his commitment to protecting fundamental rights related to health care and voting.

“I strongly believe we need a judiciary prepared to face the challenges of the day: racial injustice, political division, gender inequality. These are issues that will best be addressed by a judiciary that does not bind itself to rigid, robotic computation but one that is true to both the words of our constitution and the complexities of factual consideration in a changing world,” she said. “While I respect him, his legal scholarship and his integrity, I think a court led by Gordon MacDonald will exacerbate rather than heal the wounds of division and injustice in our state.”

In a news release titled “Justice Prevails,” Sununu called MacDonald “one of the most highly qualified individuals ever to serve as chief justice.” MacDonald will be sworn in at a later date.

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USCIS Will Begin Accepting CW-1 Petitions for Fiscal Year 2019

On April 2, 2018, U.S. Citizenship and Immigration Services (USCIS) will begin accepting petitions under the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program subject to the fiscal year (FY) 2019 cap. Employers in the CNMI use the CW-1 program to employ foreign workers who are ineligible for other nonimmigrant worker categories. The cap for CW-1 visas for FY 2019 is 4,999.

For the FY 2019 cap, USCIS encourages employers to file a petition for a CW-1 nonimmigrant worker up to six months in advance of the proposed start date of employment and as early as possible within that timeframe. USCIS will reject a petition if it is filed more than six months in advance. An extension petition may request a start date of Oct. 1, 2018, even if that worker’s current status will not expire by that date.

Since USCIS expects to receive more petitions than the number of CW-1 visas available for FY 2019, USCIS may conduct a lottery to randomly select petitions and associated beneficiaries so that the cap is not exceeded. The lottery would give employers the fairest opportunity to request workers, particularly with the possibility of mail delays from the CNMI.

USCIS will count the total number of beneficiaries in the petitions received after 10 business days to determine if a lottery is needed. If the cap is met after those initial 10 days, a lottery may still need to be conducted with only the petitions received on the last day before the cap was met. USCIS will announce when the cap is met and whether a lottery has been conducted.