In these cases, the ACLU-NH is petitioning for access to pleadings before the N.H. Supreme Court where police officers are seeking to be removed from the Exculpatory Evidence Schedule (EES). The EES list is maintained by the N.H. Department of Justice and consists of police officers who have engaged in misconduct that reflects negatively on their credibility or trustworthiness. This EES list is designed to help prosecutors identify when they have a constitutional duty to produce to a defendant potentially exculpatory evidence in a police officer’s personnel file.
As explained in the filing, completely sealing the appeals of police officers’ suits to be removed from EES violates the New Hampshire Constitution. More importantly, it prevents advocates, the public, and the legislature from knowing whether that new process is working as intended. Sunshine is the best disinfectant, and the public wants more accountability and transparency about the police—not less.
On March 8, 2023, the N.H. Supreme Court ordered that redacted pleadings be filed and be publicly available.