Fired forensic psychologist files grievance against judge he blames for dismissal
A former New Hampshire state forensic psychologist who was fired after showing up late for a court hearing has filed a grievance against the judge he blames for his dismissal.
Dr. Steven Rubenzer’s judicial complaint, filed last week against retired state Supreme Court Judge Larry Smukler, contends that the judge’s remarks about him following the incident were unsubstantiated and defamatory, the Concord Monitor reports.
In his complaint, Rubenzer claims he was not aware of the hearing in which he was scheduled to testify, because his office never received a subpoena.
But Smukler issued an order following the hearing in which he noted that the hearing had already been rescheduled once because Rubenzer’s report was late. He also said that at the time of the rescheduling, Rubenzer acknowledged in court that he would be able to attend the rescheduled hearing.
Rubenzer, who worked for a company that contracted with the state, was fired shortly after the judge’s order was issued. He blames the order, along with “pressure” from the state attorney general’s office, for his dismissal. Rubenzer filed an appeal with the state supreme court, but they determined that he was ineligible to contest the remarks.
Smukler, who retired last summer but still hears cases, declined to comment on the complaint. So did the prosecutor in the case and a deputy state attorney general.
But Rubenzer said his firing had cost him dearly. He said he lost nearly $150,000 in forgone wages and court fees and had been forced to move to Texas because it was the only state where he could find a job.
“I am hoping to correct the record,” he told the Monitor in an email. He also said he would consider returning to New Hampshire if he got his old job back, but that he didn’t think that would be possible unless Smukler’s order was rescinded.
