Remembered for 'his deep intellect, love for our state, and most of all, his humility'

Justice David Souter at the dedication of the Souter Conference Room at the New Hampshire Supreme Court in 2008 (AP Jim Cole)

CONCORD - New Hampshire's leaders in the justice system today are mourning the death of former New Hampshire and United States Supreme Court Justice David Souter, who died peacefully at his Hopkinton home at the age of 85.

Justice Souter served as an Associate Justice of the New Hampshire Supreme Court from 1983-1990 and on the U.S. Supreme from 1990 to 2009 when he retired.

"We mourn the loss of Justice David Souter," said New Hampshire Supreme Court Chief Justice Gordon J. MacDonald. "The New Hampshire Supreme Court conducts its business in the Souter Conference Room in Concord. There, we are reminded daily of Justice Souter's deep intellect, his reverence for the law, his love for our state, and perhaps most of all, his humility."

Justice Souter grew up in Weare and graduated from Concord High School in 1957. After attending Harvard and studying law there as well as a Rhodes Scholarship at Oxford in England, Justice Souter returned to New Hampshire where he was an attorney in private practice. He was later appointed as head of the criminal division in the New Hampshire Department of Justice, rising to the position of Deputy Attorney General.

Souter was New Hampshire's Attorney General in 1978 when he was appointed as a judge to the New Hampshire Superior Court. After five years on the bench, he was appointed to the New Hampshire Supreme Court in 1983, where he served for seven years. In 1990, President George H.W. Bush appointed Justice Souter to the United States Supreme Court on the recommendation of Souter's longtime friend and mentor, the late New Hampshire U.S. Senator Warren Rudman.

Justice Souter won the support of 90 senators in an overwhelming confirmation vote, and went on to serve as an Associate Justice on the United States Supreme Court until 2009 when he retired. Even after his retirement, Justice Souter continued to fill in as needed and hear cases on the U.S. Court of Appeals for the First Circuit in Boston.

In 2017, Justice Souter appeared as part of the annual King lecture sponsored by the New Hampshire Supreme Court Society on the role of state courts and state constitutions within the framework of our federal constitution. Introducing Justice Souter that day was New Hampshire Associate Justice James P. Bassett who said, "Justice Souter is known for being humble and understated, but here in New Hampshire, he casts a long and impressive shadow. While on the high court, Justice Souter gained a reputation for meticulous preparation prior to oral arguments, along with polite and persistent questions during oral arguments.

In his Senate confirmation hearing in 1990, Justice Souter shared the following lessons he learned from his time as a judge in New Hampshire:

"The first lesson, simple as it is, is that whatever court we are in, whatever we are doing, whether we are on a trial court or an appellate court, at the end of our task some human being is going to be affected. Some human life is going to be changed in some way by what we do, whether we do it as trial judges or whether we do it as appellate judges, as far removed from the trial arena as it is possible to be. The second lesson that I learned in that time is that if, indeed, we are going to be trial judges, whose rulings will affect the lives of other people and who are going to change their lives by what we do, we had better use every power of our minds and our hearts and our beings to get those rulings right."

Following Judge Souter's death Governor Kelly Ayotte directed all flags on public buildings and grounds in the State of New Hampshire to be lowered to half-staff until sunset on Wednesday.

"From his time as a prosecutor and New Hampshire's Attorney General, to his two decades at the United States Supreme Court, Justice David Souter led an incredible life of service to our state and our nation," she said. "I join his loved ones and former colleagues in mourning his loss today."

New Hampshire Attorney General John M. Formella added his condolences, saying "We are deeply saddened by the passing of Justice David Souter. From his service as New Hampshire's Attorney General to his tenure on the U.S. Supreme Court, Justice Souter's commitment to justice and the rule of law left an indelible mark. Our thoughts are with his family, friends, and all who were touched by his service to New Hampshire and our nation."