CHARLES G. DOUGLAS, III v. CAROLINE G. DOUGLAS

This case arises from a libel for divorce filed by the plaintiff, Charles G. Douglas , III, against the defendant, Caroline G. Douglas . The parties, both attorneys, were married in 1991. Between 1990 and 1996, they practiced law together, first under the firm name of Douglas & George, and later as Douglas & Douglas . In 1996, the plaintiff filed a libel for divorce citing irreconcilable differences which have caused the breakdown of the marriage. The defendant filed a cross-libel alleging that the breakdown of the marriage was caused by the plaintiff's allegedly adulterous acts. Chief Justice Joseph P. Nadeau, the chief justice of the superior court, who initially had assigned the case to himself, later reassigned the case to Justice Patricia C. Coffey after the defendant filed a motion requesting that Chief Justice Nadeau recuse himself. The case was set for trial in September 1997 after many months of often fierce litigation, including multiple interlocutory petitions. On the day of trial, however, the defendant failed to attend, sending her brother, Gregory W. Boudette, as her co-counsel and next friend. Boudette is not an attorney. After allowing Boudette to argue a motion requesting Justice Coffey's removal, the court called a brief recess. During the recess, the court discovered that the defendant had failed to file a power of attorney with the court. The court informed Boudette that he would be unable to continue until the defendant arrived and filed a power of attorney. Boudette then informed the court that he was unable to contact the defendant, and did not know of her location or whether she was en route to the courthouse. The court informed Boudette that unless he was able to contact her and secure her presence at the courthouse, the defendant would be in default. The plaintiff then moved for default. After Boudette was unable to locate the defendant two hours after the trial actually began, the superior court found the defendant to be in default.

The following day, the court issued a permanent decree granting the plaintiff's libel for divorce based on irreconcilable differences, dismissing the defendant's cross-libel, and making a final distribution of the parties' assets.

Unknown

Unknown

On appeal, defendant challenged a number of rulings of the Superior Court (Coffey, J.), including its order granting the plaintiff's libel for divorce and disposing of the marital assets. The defendant also challenged the order of the Superior Court (Nadeau, C.J.) reassigning the case to another judge and transferring venue from Merrimack County to Rockingham County. She further asserted that the rulings and case management of both superior court judges evinced a systematic bias against her. The Supreme Court of New Hampshire affirmed in part, reverse in part, and remand. See: 728 A.2d 215 (N.H.1999). The date shown above is the date of the appellate court decision and not the trial date. Reported by JAB.