Andru Volinsky

Andru H. Volinsky (born March 13, 1956) is an American politician serving as a member of the Executive Council of New Hampshire, representing the 2nd District since 2017.[1] Volinsky is an attorney who served as lead counsel in the landmark decisions in Claremont School District v. Governor of New Hampshire, in which the New Hampshire Supreme Court recognized a constitutional right to a public education (1993) and held New Hampshire's school funding system unconstitutional (1995).

Andru Volinsky
Member of the Executive Council of New Hampshire
from the 2nd district
Assumed office
January 3, 2017
Preceded byColin Van Ostern
Personal details
Born (1956-03-13) March 13, 1956
New York City, New York, U.S.
Political partyDemocratic
Spouse(s)Amy Goldstein
Children3
EducationUniversity of Miami (BA)
George Washington University (JD)

Early life and education

Volinsky was born in New York City and attended Woodrow Wilson High School in Levittown, Pennsylvania, graduating in 1973. He earned a Bachelor of Arts degree in psychology from the University of Miami, which he attended on scholarship, graduating magna cum laude in 1976. He then earned a Juris Doctor from the George Washington University Law School in 1980.

Career

Upon graduation from law school, Volinsky and Goldstein moved from Washington, D.C. to Knoxville, Tennessee, where Volinsky became a clinical instructor at the University of Tennessee College of Law. He taught courses in criminal law and procedure and began defending death penalty cases as a faculty member.[2]

Significant cases

Death Penalty

Volinsky has continued to defend against the death penalty for the remainder of his career. In 1986, when he was 30, he argued the case of Gray v. Mississippi before the United States Supreme Court and won the reversal of Mr. Gray's sentence of death.[3] Volinsky current represents Jimmy Fletcher Meders in a death penalty case that originated in Georgia.[4] He was part of the effort to repeal the death penalty in New Hampshire. The repeal effort required an override of a gubernatorial veto.[5]

Government Overpayments

Significant cases litigated by Volinsky include his representation of the New Hampshire Secretary of State in the Secretary's effort to fairly regulate self-insured public risk pools under N.H.R.S.A. 5-B. The work of Volinsky's legal team resulted in the return of more than $50 million in overpaid premiums from the Local Government Center Risk Pools to New Hampshire municipalities and school districts. Volinsky and his team negotiated additional refunds of almost $30 million from two other risk pools located in New Hampshire.[6]

Pensions

In 2014, Volinsky represented four large public unions who sought to challenge the State's effort to shift increased pension costs to existing employees. The New Hampshire Supreme Court upheld the cost shift even though its judicial members enjoyed constitutional protections against the very same cost-shifting.[7]

School Funding

Volinsky served as lead counsel in a series of cases known as Claremont School District v. Governor of New Hampshire in which the petitioners, who were school children, taxpayers and school districts, successfully challenged the way in which New Hampshire funds its schools. The litigation established that children in New Hampshire are entitled to a state-funded public education as a fundamental constitutional right.[8] The principle decisions were issued in 1993 and 1997. The fundamental rights established in the Claremont cases have never been completely implemented, resulting in the NH Court deciding again in 2019 that the state failed to meet its constitutional obligation.[9] In 2018, Volinsky and his Claremont litigation colleague, John Tobin, began a lengthy process of informing voters about the New Hampshire school funding system through a series of forums called, "Education Funding 101."[10] Volinsky also represented the Dover School District in 2016 and won a return of more than $1.5 million in unconstitutionally withheld school aid.[11]

Elections

Volinsky won re-election to a second term on the Executive Council in 2018 in an election that gave control of the Council to the Democrats.[12] He is currently running in the 2020 New Hampshire gubernatorial election.[13]

Personal life

Volinsky lives in rural East Concord, New Hampshire with his wife, Amy Goldstein, a corporate attorney. Amy graduated from the Georgetown Law Center in 1980.[14]

Publications

References

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