The purposes of this Association are to improve the administration of justice; to foster and maintain high standards of conduct, integrity, competence and public service on the part of those engaged in the practice of law; to safeguard the proper professional interests of the members of the Bar; to provide a forum for the discussion of subjects pertaining to the practice of law, the science of jurisprudence and law reform, and the relations of the Bar to the public; to carry on a continuing program of legal research and education; and to encourage cordial relations among members of the Bar; all without regard to race, national origin, religion, creed or gender, and to the end that the public responsibility of the legal profession may be more effectively discharged.  The Association shall confine its activities before the General Court to those matters which are related directly to the administration of justice; the composition and operation of the courts; the practice of law and the legal profession.

 

 

            Membership

 

            Section 1. All persons who on the date this Constitution takes effect are admitted to the practice of law in the State of New Hampshire, and all persons who shall thereafter become admitted to the practice of law in this State, shall thereby become members of this Association; subject in each case to due compliance with the requirements of membership.  Residence in the State of New Hampshire shall not be a qualification for membership in the Association.

 

            Section 2. Each person admitted to the practice of law in this State shall be enrolled in this Association by registering with the Secretary of the Association within sixty (60) days after the effective date of this Constitution, in accordance with the requirements of the By-Laws.  Every person who becomes admitted to the practice of law in this State after the effective date of this Constitution, shall be enrolled in the Association in like manner by registering with the Secretary within thirty (30) days after admission to practice.  After such enrollment, each change in any member's office or residence address shall be promptly reported to the Secretary.

 

            Section 3. The membership of this Association shall consist of two classes known respectively as "active" members and "inactive" members.  Every member shall be an active member unless, upon request and payment of any required Administrative Fee as set by the Board of Governors, that person is enrolled as an inactive member.  No person shall be eligible for enrollment as an inactive member who is engaged in the practice of law in this State, or who occupies a position the duties of which require the giving of legal advice or service in this State.  Any inactive member in good standing may change classification to that of an active member by filing with the Secretary written application for transfer to the class of active members and by paying the dues required of active members and any required Administrative Fee as set by the Board of Governors.  No inactive member shall be entitled to practice law in this State, or to hold office or vote in any meeting, election or referendum of the Association.  An inactive member may attend meetings of the Association and participate in the debates of such meetings, and shall be entitled to receive the official publications of the Association and such notices and other materials as are mailed to active members.  Justices of the United States Courts residing in this State, justices of the Supreme and Superior Courts of this State, and justices of other courts of this StateJustices who are wholly prohibited by statute from engaging in the practice of law, shall be considered Full-Time Judicial members unless they elect to become inactive members.  (Approved by a vote of the membership on 6/18/03; approved by the NH Supreme Court 7/31/03).

 

            Section 4. Except for the right reserved to litigants by statute to prosecute or defend a cause in person or by any citizen of good character, no person other than an active member of this Association shall practice law in this State or in any manner hold himself or herself out as authorized or qualified to practice law in this State.  Any court in this State may by special permission granted by it allow a member of the Bar of any other state or jurisdiction to appear and participate in any particular action or proceeding in association with an active member of this Association who appears and participates in such action or proceeding.

 

            Section 5. Each member other than an Honorary Active Member or an Honorary Inactive Member shall pay membership dues for each year from June 1st to May 31st following, payable by July 1st of each year in advance, in such amount as may be fixed in the By-Laws.  A newly admitted member shall pay membership dues for the fiscal year of original admission on or before the last day of the first full calendar month after the date of admission.  All dues shall be paid to the Treasurer of the Association.  An Honorary Active Member or an Honorary Inactive Member shall be exempt from any payment of membership dues.

 

            Section 6. If the membership dues of any member for any year are not paid prior to the first day of the fifth calendar month following the date of mailing of the invoice by the Association for such, that member shall be assessed a delinquency penalty as set periodically by the Board of Governors of Twenty-Five Dollars ($25.00) and an additional penalty of Twenty-Five Dollars ($25.00) for each year thereafter that the delinquency continues and the Secretary shall thereupon give written notice by registered or certified mail, postage prepaid, to such member who is in arrears advising that member thereof and of the provisions of this Section.  If the arrears in dues are not paid by the last day of the sixth month following such mailing by the Association of its dues invoice for that year, the membership of such person shall be suspended, subject, however, to the provisions of Section 7 of this Article.  Whenever a member so suspended for non-payment of membership dues makes full payment of the arrears, and in addition thea sum of One Hundred Dollars ($100.00)as set periodically by the Board of Governors as a charge for reinstatement that person shall automatically be reinstated as a member.  The full amount of annual membership dues for the year in which reinstatement takes place shall be paid, regardless of the number of months suspension was in effect during that year.  The Secretary shall notify such member and also the Clerk of the Supreme Court, of any suspension or reinstatement, and shall keep a record thereof.  No person whose membership is so suspended shall be entitled to practice law in this State or exercise or receive any of the privileges of membership during such suspension.  If suspended by Supreme Court Order, reinstatement of a suspended member shall not be deemed as authorizing such member to practice law in the State of New Hampshire.

 

 

            Section 7. The Board of Governors may in any case in which to do otherwise would result in hardship or injustice, permit the retroactive enrollment of members, abate dues in whole or in part, and waive penalties for delinquency in the payment of membership dues, but such action shall not be deemed as readmission to the practice of law in New Hampshire.

 

            Section 8. A member of the Association in good standing may resign from the Association by filing with the Secretary written notice of such election, and such person shall thereupon cease to be a member of the Association and the individual's name shall be removed from the membership register.  A member who has resigned shall not thereafter engage in the practice of law in this State unless again admitted to the practice of law upon compliance with such rules governing readmission to the Bar as may from time to time be promulgated by the Supreme Court.

 

 

            Meetings of the Association

 

            Section 1. The Association shall hold at least two regular meetings in each year, an Annual Meeting sometime between April 15th and October 15th and a Mid-Winter Meeting. The regular meetings shall be held at such times and places as shall be fixed by the Board of Governors.

 

            Section 2. Special meetings of the Association may be called and held at such times and places as may be determined by the Board of Governors.  In addition, the Board of Governors shall call a special meeting of the Association upon petition signed by not less than ten percent of the active members and specifying the purpose of the meeting and such meeting shall be held within thirty (30) days after said petition is filed with the Secretary.

 

            Section 3. Written notices of any regular or special meeting of the Association shall be mailed by first class mail, second class, or third class postage prepaid at least fifteen (15) days prior to the date of such meeting, and the notice shall specify the purpose of the meeting.  The Secretary shall include in such notice as a purpose of the meeting any matter requested by petition signed in the manner specified in the preceding section.

 

            Section 4. At any meeting of the Association, the right to vote shall be limited to active members; at any meeting properly noticed, those active members present shall constitute a quorum.

 

 

            Section 1. The officers of the Association shall be a President, who shall not thereafter be eligible for election to that office, a President-Elect, who shall not thereafter be eligible for election to that office, a Vice President, who shall not thereafter be eligible for election to that office, a Secretary, and a Treasurer, who shall be nominated and elected respectively in the manner provided in the By-Laws, and the Immediate Past President.  Only active members of the Association shall be eligible to serve as officers.  No person may hold more than one office at one time.  The term of office of each officer shall be one year, commencing with adjournment of the Annual Meeting of the Association next following election and ending with the adjournment of the next succeeding Annual Meeting, except that the Immediate Past President shall, without election, serve for the one-year period following vacating the office of President.  The officers shall receive no compensation for their services.  The duties of the officers shall be as prescribed in the By-Laws.

 

            Section 2. If the office of President becomes vacant, the President-Elect shall perform the duties of the office of President during the unexpired term without vacating the office of President-Elect.  In the event that the office of President becomes vacant at a time when the office of President-Elect is also vacant, the Vice President shall perform the duties of the office of President during the unexpired term without vacating the office of Vice President.  If any other office becomes vacant, the office shall be filled by the Board of Governors for the unexpired term.

 

            Section 3. The Board of Governors shall appoint an Executive Director and such other staff assistants or employees as the Board may deem advisable.  The compensation of all such persons shall be fixed by the Board of Governors, and each shall serve at the pleasure of the Board.  Any duties imposed by this Constitution or the By-Laws of the Association upon the Secretary or Treasurer may be performed under the supervision of such officers respectively, by the Executive Director or other employees of the Association.

 

 

            Section 1. There shall be a Board of Governors of the Association.  The Board shall consist of the President, the President-Elect, the Vice President, the Secretary, the Treasurer, the Immediate Past President of the Association, and the following additional members:

 

 

            Five (5) Governors elected from the membership at large by the active membership of the Association.

 

            Each elected Governor shall be an active member of the Association.  The principal office for the practice of law of each Governor shall be in the County that Governor represents, and if following election such principal office is removed the position shall become vacant automatically.  Not more than three Governors-at-Large shall have their principal offices within the same County.  Elected Governors shall be nominated and elected in the manner provided in the By-Laws.

 

            Section 2. Except as hereinafter provided, the elected Governors representing Counties shall serve for terms of two (2) years and the Governors elected at large shall serve for terms of three (3) years, and the terms of all elected Governors shall commence with the adjournment of the Annual Meeting of the Association next following their election.  At the first meeting of the Board of Governors following the first election held under this Constitution, the elected Governors representing Counties shall divide themselves by lot into two groups of five (5) members each, the members of one such group to serve for one (1) year and the members of the other group to serve for two (2) years; and the Governors elected at large shall also determine by lot the length of term of each member at large, so that two (2) Governors-at-Large shall serve for three (3) years, two (2) such Governors for two (2) years, and the fifth for one (1) year.  At the conclusion of the terms of the elected Governors thus first elected, their respective successors shall be elected for three year terms.  Except as provided in Article IV, Section 2, and except for the offices of Secretary and Treasurer, no member of the Board of Governors, having won a regular, full-term election, shall serve more than two (2) consecutive terms.

 

            Section 3. The Board of Governors shall fill any vacancy in the ranks of its elected membership from the county in which the vacancy occurs in the case of vacancy in the office of Governor elected from a county and otherwise, from the membership at large, until the next regular election and the Board shall provide for an election at that time for the balance of the unexpired term.

 

            Section 4. Between meetings of the Association, the Board of Governors shall be the governing body of the Association, and shall have the power and authority to do and perform all acts and functions which the Association might itself do or perform, not inconsistent with the Rules of the Supreme Court, this Constitution and the By-Laws or with any action taken by the Association.

 

 

            The persons elected to the existing offices and Executive Committee of the New Hampshire Bar Association at its 1969 Mid-Winter Meeting shall serve as interim officers under this Constitution until their successors are elected at the first election held hereunder and take office, the Executive Committee so elected to have the powers and duties of the Board of Governors provided herein.

            By - Laws
 

            The Association shall adopt By-Laws for the conduct of its affairs, not inconsistent with the Rules of the Supreme Court or this Constitution.

 

            Subject to the approval of the Supreme Court, this Constitution may be amended at any meeting of the Association by the vote of two-thirds of the active members of the Association present and voting.  Copies of the proposed amendments shall be mailed to the entire membership of the Association at least fifteen (15) days prior to the meeting.

 

            This Constitution, having been approved by the Supreme Court, may be adopted by majority vote of the members of the New Hampshire Bar present and voting at the 1969 Mid-Winter Meeting of the New Hampshire Bar Association as presently organized.  Notice of such meeting shall be given by mail to all known members of the New Hampshire Bar at their last known addresses, and all members of the New Hampshire Bar shall be entitled to vote on the question at such meeting irrespective of membership or lack of membership in the New Hampshire Bar Association as presently organized.  In addition, the provisions of this Constitution shall be printed in an issue of the New Hampshire Bar Journal published before such meeting.

 

ARTICLE X

This Constitution, if adopted in the manner provided in Article IX hereof, shall take effect on July 1, 1969.

Article V – Board of Governors   
Sections 1 and 3 amended with approval of the NH Supreme Court received in April, 2001

 

Sections 1 and 2 amended by a vote of the membership at a special meeting on June 4, 2001.  Submitted to the NH Supreme Court for approval June 19, 2001.  NH Supreme Court granted these amendments, by Order, 10/23/01.

 

Section 3 amended by a vote of the membership at a special meeting on June 18, 2003.  Submitted to the NH Supreme Court for approval July 18, 2003.  NH Supreme Court granted these amendments, by Order, 7/31/03.

 

Section 6 amended by a vote of the membership at the Mid-year Business Meeting on February 18, 2005.  Submitted to the NH Supreme Court for approval March 17, 2005.