New administrator of YDC fund confirmed

Nearly nine months after a controversial change to the Youth Development Center abuse claims process pushed the administrator from his job and stalled the proceedings for survivors, the fund now has a new leader.

Former Concord Circuit Court Judge Gerard Boyle was unanimously confirmed for the role by the Executive Council at its Wednesday meeting. He will replace former Chief Justice John Broderick, who served as administrator from the fund’s inception in 2022 until last summer.

In a change that deeply angered Broderick and abuse survivors, the new claims administrator’s determinations of settlement awards for abuse survivors now must be approved by the attorney general. Boyle can also be removed as administrator by Gov. Kelly Ayotte at any time for any reason.

Previously, the administrator operated independently and was a judicial branch appointee. Broderick relied on guidelines to determine settlement awards, without any approval required by the state.

Survivors participating in the claims process sued the state over the change last year, but a Superior Court judge rejected their argument. They have now appealed that decision to the state Supreme Court.

Prior to voting to confirm Boyle, four of the five executive councilors spoke highly of the former Concord jurist, who currently works as a traveling judge in various circuit courts across the state. The fifth councilor, David Wheeler, didn’t make any remarks.

“The survivors of abuse at the Youth Development Center have waited too long for justice,” Councilor Karen Liot Hill said. “This process must be fair, credible, and, importantly, timely, so that victims receive the accountability they deserve without further delay.”

“Judge Boyle,” she said, “brings decades of legal and judicial experience, and I believe he understands both the seriousness of this responsibility and the need to move this work forward with care and urgency.”

Almost 1,700 claims that were submitted to the fund prior to last year’s deadline remain pending, according to the most recent report. Those survivors have requested a total of $1.8 billion.

The state has settled 425 claims through the fund process thus far. Those payouts will total $239 million.

Boyle will take over a fund that has just $10 million remaining in it, according to the February report. The state had previously committed to appropriating $75 million per year, but allocated only $20 million for this fiscal year.

Lawyers for the survivors have said that the implementation of an attorney general’s veto to settlement awards is a betrayal of the trust the state has worked to build in the claims process.

Councilor Janet Stevens said that staff from the Department of Justice communicated with the 100 attorneys who represent YDC survivors about Boyle’s nomination.

“While not everybody voiced explicit support, it is notable that no one expressed opposition and no alternative candidates were put forward,” Stevens said.

Boyle served as the presiding justice of the Concord Circuit Court from 2005 to 2016, according to materials provided by Ayotte’s office. He also served as the presiding justice of the Merrimack County Teen Court for 13 years.

He previously served in the Marines and has been active in the organization Scouting America for decades.

Boyle said in an email that he expects to begin in his new role on May 1.

Are you a YDC survivor?

The Concord Monitor is reporting on the experiences of survivors of Youth Development Center abuse as they navigate the claims administration and civil litigation processes.

We need your help to do this reporting. If you are a survivor who is engaged in this process, we want to hear from you. The information you share with us will remain anonymous unless you choose to speak publicly.

We are interested, in particular, in the process of navigating the claims administration process. For those who have yet to receive a settlement, we want to hear about the experience of waiting now that the process has stalled and the law has changed.

If you have received pre-settlement funding to cover living expenses while waiting for your case to be processed, we want to hear from you. We are interested in speaking to anyone who has received pre-settlement funding in other contexts, as well, such as in personal injury cases.

The conversation will not involve questions about your abuse.

Even if you think you don’t have much to share, we would be grateful to speak with you.

If you are willing to speak with reporter Jeremy Margolis, you can contact him at 603-369-3321, jmargolis@cmonitor.com or on Signal at jmargolis.64.

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