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NH Supreme Court appoints Broderick to administer $100M YDC victims fund

CONCORD – The state Supreme Court has appointed its former Chief Justice, John Broderick, as the independent administrator of the state’s $100 million YDC Settlement Fund in an order signed Friday.

And while Attorney General John Formella and the victims’ attorneys agree that Broderick was the best choice, the attorney representing most of the victims, David Vicinanzo, says the process as written will fail because it is deeply flawed.

Broderick served on the state Supreme Court from 1995 to 2010.

“(Broderick’s) tenure on the high court was marked by efforts to improve access to the courts as well as expanded family, mental health, and drug courts,” Formella said in a recent news release.

Broderick later served as Dean of UNH Law School and since 2016 has become well known for his work raising mental health awareness – most recently as senior director of external affairs at Dartmouth Health.

Vicinanzo, who represents the most victims – about 800 people who were physically and sexually abused while incarcerated as children in YDC, now called Sununu Youth Services Center in Manchester and other state facilities, said he was delighted to propose Broderick to serve as administrator several weeks ago.

“Because we know his bipartisan and unequaled reputation for ethics, professionalism and good judgment. He is respected by all.

“But nominating an outstanding administrator in no way corrects the deep flaws in the state-imposed settlement process as it currently exists,” Vicinanzo said in a letter to Formella.

The process remains unfriendly to child victims, Vicinanzo said, and “Justice Broderick’s work will be severely and unnecessarily limited without future changes. The process as written will ultimately be unsuccessful.”

Formella described discussions with the attorneys about administrator candidates as helpful and a productive step towards getting the state’s YDC Settlement Claims Process operating.

“The Legislature’s Joint Fiscal Committee recently approved the settlement claims process as an alternative to litigation for victims seeking fair and efficient resolution of claims arising from abuse at New Hampshire’s former Youth Development Center,” Formella said.

Under the settlement law, Broderick will oversee and administer the claims process for the same salary as a Superior Court judge, or $168,761 a year.

“We recognize that traditional litigation can be difficult and even re-traumatizing for victims of crime-especially for victims of sexual abuse,” Formella said, “which is why we solicited feedback from claimants, their advocates, and victims’ rights groups in designing a victim-centered, trauma-informed alternative to litigation.”

Formella’s spokesman Mike Garrity, acknowledged Vicinanzo’s letter. Vicinanzo, the former First Assistant U.S. Attorney in Concord, is with the Nixon Peabody firm, and also well known in the state.