Bruce Paul Witte v. Justices of the New Hampshire Superior Court

Plaintiff, alleging that the New Hampshire Marital Master Program was unconstitutional and that, as his domestic problems had not yet been finally resolved, he faced a realistic risk of being subjected to it in the near future, brought an action under 42 U.S.C. § 1983 seeking declaratory and injunctive relief. The district court, without holding an evidentiary hearing, dismissed the action on the ground that the marital master system satisfied the essentials of due process. Plaintiff has appealed. 1

Plaintiff contends that the due process clause requires that cases be decided by judges.…