CONCORD — The House Rules Committee dismissed a request to grant a House committee subpoena power to open a sealed court document.

The Redress of Grievances Committee wanted authorization to open the document in the child custody case involving David Johnson in the Derry Circuit District Court Family Division.

The subpoena request was the first to come before the Rules Committee under a new House Rule approved in the last legislative session.

Several rules committee members objected to the request, saying the redress committee already had decided on its legislative recommendations in the Johnson case.

“The Rules Committee is not a court of law,” said member Rep. Stephen Stepanek, R-Milford. “We are not another level of appeal.”

But redress committee member Rep. Kevin Avard, R-Nashua, argued Johnson had his rights abused by the court.

The sealed envelope from the guardian ad litem in the case ended Johnson’s custody of his daughter, Avard said. “There has been a breakdown in our system.” he said.

Rules committee member Rep. Lynn Ober, R-Hudson, noted the redress committee had already made its recommendations in Johnson’s case. Why is the additional evidence needed now, she asked?

The House earlier this year had voted to allow the Rules Committee to grant subpoena power to policy committees, but more specifically to the Redress of Grievances Committee, which said it lacked cooperation from state agencies in settling several petitions before it.

However, the House approved the new rule to allow subpoena power, but stated the request had to be for specific information, in writing and explaining why the power is needed.

Committee member Rep. David Bates, R-Windham, reminded the other members of the requirements laid out in the House rule. “With no written request,” he said, “it is not appropriate for us to act on it.”

Redress committee member Rep. Daniel Itse, R-Fremont, said the request goes to the issue of perjury in the court system.

“This is not about David Johnson’s case; this is about a problem within the court system,” Itse said.

He said subpoenaing the information would help highlight the problem.

“I want to make sure perjury begins to be punished by the judicial system,” he said.

The committee voted 8-0 to dismiss the request without prejudice because it did not follow the requirements in the rule. The issued could be addressed by the committee again.

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Garry Rayno may be reached at grayno@unionleader.com.