CONCORD, N.H. — New Hampshire's Executive Council on Wednesday approved the governor's nomination of a veteran appellate lawyer with a deep grounding in legal ethics to the state Supreme Court.
The council voted 4-1 to appoint James Bassett to the court.
Bassett, 55, has argued many appeals to the Supreme Court in his 27 years with the law firm of Orr & Reno. He specializes in complex litigation, legal ethics and First Amendment law. It was Bassett who secured the ruling permitting cameras as most state court proceedings.
Councilors Wednesday praised his intellect, temperament and his longtime involvement in his Canterbury community, where he has served on the planning board, the board of selectmen and is currently on the conservation commission.
Councilor Ray Burton said Bassett promised him that "insofar as possible, he would remain connected to his local community."
Councilor Chris Sununu said he believes it's an asset that Bassett has no prior judicial experience.
"He's coming at it from a litigator's point of view, a trial lawyer's point of view," Sununu said.
David Wheeler cast the vote against Bassett. He was the only councilor who was critical of Bassett during a public hearing on his nomination May 18. Wheeler said it was unacceptable for Bassett not to respond directly to questions about his stand on abortion and whether the Supreme Court overstepped its authority in the two Claremont school funding decisions.
Wednesday Wheeler he said he believes Bassett will be an activist judge and questioned whether he would strictly interpret the constitution. He also panned Bassett's support of the federal Brady Handgun Violence Prevention Act because it restricts the 2nd Amendment guarantee of the right to bear arms.
Councilor Ray Wieczorek said he spoke to Bassett after getting numerous calls from constituents concerned about the nominee's stance on gun rights. Wieczorek said he spoke with Bassett over the weekend and Bassett told him he represents gun manufacturer Sturm, Ruger in its bid to open a firing range in Newport.
"Obviously someone who's against the Second Amendment wouldn't be trying to open a firing range," Wieczorek said.
In nominating him May 8, Gov. John Lynch lauded Bassett for his vast experience, intellect and community service.
Bassett will succeed Senior Justice James Duggan on the state's highest court. Duggan retired in January.
Bassett is a veteran marathon runner who last month posted an impressive finish in the Big Sur marathon in California, placing 181 overall out of nearly 3,400 runners — less than two weeks after running the Boston Marathon.
"If you're going to run a marathon, you know how to dedicate yourself to something," said longtime colleague Bill Chapman. "He's a very energetic young man."
Bassett made an unsuccessful run for Congress in 1994, losing to Charlie Bass in the Republican primary.
He graduated cum laude from Dartmouth College in 1978 and received his law degree from the University of Virginia School of Law in 1982.
He lives in Canterbury with his wife, Dr. Ellen Bassett, who is medical director of the Concord Regional Visiting Nurses Hospice Program. They have three grown children.
Bassett was not present at the meeting. Chapman said he was attending his son's graduation at Harvard University.
He is expected to join the Supreme Court bench sometime next month.