The past year has been a challenge for those of us who practice law in the state of New Hampshire. We watched the historic impeachment proceedings with concern for the institutions that came under intense public scrutiny and for the individuals whose lives were forever changed. The process has sparked an important debate as the Legislature has moved to implement wide-ranging judicial reforms. Regardless of our individual views as to the efficacy of the proposed reforms, as members of the legal profession we and the clients we represent have a significant stake in the outcome of the debate over the future of the judicial system in New Hampshire.

I hope, as president-elect of the Bar Association, to participate in that discussion in order to increase the public’s understanding of the extraordinary contributions that the lawyers and judges in this association make through the countless hours they devote to their professional responsibilities, to improvement of the judicial system, to their communities, and to their families. We can—and should—defend our profession in these challenging times without being unnecessarily defensive or overly confrontational. As Shakespeare wrote in The Tempest, "The rarer action is in virtue than in vengeance."

I challenge each of you over the coming year to meet every disparaging remark about the legal profession with an example of one of your colleagues who took on a difficult pro bono case and saw it through to a successful conclusion; who handled an indigent defense case at the low hourly rate set by the state; who participated as a volunteer mediator in the Superior Court; who gave freely of legal skills to a local school board, planning board or non-profit corporation; who served on the Professional Conduct Committee, Judicial Conduct Committee, the Law-Related Education Board, the Mandatory CLE Board, the Board of Bar Examiners, the Judicial Council, or other Bar Association committees to ensure that New Hampshire lawyers and judges meet their professional obligations and that the quality of the practice of law in this state remains high; or who advocated courageously on a matter of public interest without regard for personal or professional consequences. Your voice will make a difference in this debate.

Twenty-five years ago, when I began practicing, one could not have imagined that a Bar of 1,000 members would grow to nearly 5,000 by the turn of the century, not to mention technological advances that make my head spin. Yet, we are still a "unified" Bar, albeit with an increasingly diverse membership having significantly different attitudes regarding current issues.

Twenty years ago, I was heavily involved in Bar activities, including acting as its legislative counsel. Even then we were sometimes challenged by disagreement among the membership as to appropriate legislative positions. The priorities of a growing family and practice caused me to restrict my activities at that time, but I am now prepared to devote time again to the important work of the Bar.

As we begin the third millennium, the Bar (and the bench) are reeling from the crises of the last year, but as the Chinese symbol for "crisis" suggests, both danger and opportunity lie ahead. My only agenda is to work for a Bar that reflects its members’ views, and responds to their needs, navigating around the dangers and seizing the opportunities that present themselves in the next few years.

The Bar Association faces three major challenges in the upcoming year. First, and most obvious, in the aftermath of the impeachment process, the administration of the justice system is the subject of dozens of bills that could affect our daily practice. These bills do not apply simply to such seemingly "distant" issues as the independence of the judicial conduct committee or constitutional rulemaking. They affect which judge sits on your cases, how your court system will be supervised, how a person becomes and remains a judge and how you and your clients access the courts. The NHBA Board of Governors will make every effort—through Bar News, the NHBA Web site and other forums—to keep you informed. However, information is not enough if lawyers do not contact their legislators to discuss their positions on these issues. Now, more than ever, members need to help themselves through active involvement with representatives of the General Court. And for its part, the Bar Association needs to facilitate this process.

Second, the association faces a troubling dearth of resources. Despite increasing demands for services and programming, Bar resources have dwindled. The Bar operates on a membership dues schedule that has not changed for over seven years, and has undergone only one increase in the seven years preceding that. As our state’s economy has grown and citizens enjoy better standards of living, Bar resources have remained stagnant—and we have lost wonderfully qualified people and program opportunities because we cannot afford to pay for them. At the same time, the number of attorneys willing to devote time to association activities has shrunken dramatically, forcing the remaining highly qualified staff to spend greater time in areas that we have traditionally manned. This imbalance must be corrected, or we will not have an association infrastructure to provide the programming that members have come to expect.

We face all of these challenges this year and our responses could ripple for decades. I am running for re-election to the board in hopes we can address these challenges in a positive fashion, with help and input from all of you. I appreciate your support, but more importantly, I hope we can make the case to you that your support in these areas will be invaluable, and more crucial than ever before.

As treasurer for the NHBA and as a member of the Bar’s Finance Committee, I have worked with the Bar staff to provide the members of the New Hampshire Bar and the Board of Governors with clear reports of cash flow. In particular, we have been working on identifying and providing for the needs of the members. 

Dan Wise, the Bar’s communications director, has been spearheading the effort to bring our Web site, www.nhbar.org, to full function. The site will provide a sense of connection and community for all practicing attorneys. Its forums for the various sections and committees will allow us to exchange questions and ideas more easily. The Web site’s e-mail broadcasting feature is already saving us paper, postage and staff time. We hope the site will become a source of income, and of client referrals.

I look forward to serving another year as treasurer with the dedicated board and hardworking staff of the New Hampshire Bar Association.

This is an interesting period in the New Hampshire legal system, and the New Hampshire Bar Association has an opportunity to be actively involved. As a member of the Bar for 12 years and an active member of the legal community, I bring to our Association an interest in service to the Bar and a commitment to continue the civility and camaraderie among lawyers that is part of practicing law in New Hampshire. I also welcome the responsibility of ensuring that the Bar Association continues to serve the members of the New Hampshire Bar and determining ways in which it may better serve the legal community.

I am committed to continuing the Bar Association’s efforts in public service and promotion of the legal profession through its school programs, Pro Bono programs and Lawline program. I would like to be your representative so I can help improve how our profession listens and reacts to the concerns of lawyers in New Hampshire.

It has been my privilege to represent Rockingham County for the New Hampshire Bar Association during the past two years. Like most New Hampshire attorneys, prior to serving the Bar Association I was focusing on my family, developing my law practice, and when possible humiliating myself and endangering others on our state’s golf courses. Although I had served on the Publications Committee and participated in other Bar Association activities and services, I generally left others to address more pressing issues confronting the Bar Association. At my first Board of Governors meeting I was both truly startled and pleasantly surprised to discover the dramatic breadth of services the Bar Association provides to its members, the judiciary and the public. I have since endeavored to make the most of my opportunities with the Bar Association Board of Governors, attending most board meetings and leadership conferences, chairing the Committee Overseeing Member Initiatives and participating in Richard Uchida’s Outreach Program.

As any attorney reading this statement readily appreciates, substantial issues confront our profession and Bar Association, including supporting our state’s attorneys through the difficult economic realities of law practice; responding to the "judicial reform" effort in the aftermath of the judicial impeachment proceedings; and providing quality legal services to all members of our state. Having spent the previous two years working on these and other important issues, I believe that if elected as a governor-at-large I can provide continuity in leadership for the Bar Association for the next few years.

I thank you for your consideration.

In the twenty-five years that I have been a member of the New Hampshire Bar Association, I have been actively involved because I believe that it is an organization that profoundly benefits the Bar and the public. I have, in the past, offered my services in areas in which I thought that my abilities could be of use. I was chair of the Special Committee on Rules of Criminal Procedure for over 10 years; I have served as a faculty member on numerous CLE programs; I have, when asked, done writing for the Bar, including revising parts of the handbooks given to new lawyers; and I have represented the Bar Association in federal court when the interests of the Bar and indeed, society were potentially affected by positions taken by the United States Government.

I am now, for the first time, seeking election as a member of the Board of Governors. I do so for the same reasons I have volunteered my time to perform the other tasks that I thought the Bar needed. This is a critical time for our judicial system and for the state.

There is a crisis in the administration of justice because there is a crisis in confidence in the courts. The legal system exists for the public, and the stark reality is that the public has less confidence in the judiciary and in the legal system than it should. The Bar Association cannot, by itself, solve this problem. It can, however, provide a forum for ideas. It can respond constructively to suggestions made.

Changes in the practice of law require that we carefully examine assumptions that have long been unquestioned. The pace of change in the practice of law has increased geometrically over the last 10 years. The practice of law in 1990 was not much different than it was in 1975, when I began practicing, but it is far different today than it was in 1990. Technology and changes in social attitudes have made traditional New Hampshire practice challenging. We need, as a Bar, to make sure that our organization is able to respond to lawyers’ current needs.

The Constitution of the Bar Association states that the purposes of the association are to "improve the administration of justice; foster and maintain high standards of conduct, integrity, competence in public service on the part of those engaged in the practice of law; to safeguard the proper professional interests 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." The Bar Association must, in the next several years, focus upon its relations with the public and be prepared to provide public service. It must listen with an open mind to the concerns of the public and provide the benefit of our collective insight and knowledge to the public. At the same time, we must respond to the dramatic changes in New Hampshire legal practice.

The New Hampshire Bar Association has, in the past, provided an extraordinary range of services to its members, including high quality continuing legal education programs and superb publications. It has provided wise counsel on matters related to the administration of justice. It must continue to do so in this turbulent time. I would like the opportunity to assist the association in doing so by serving on the board.

The practice of law has continually become more challenging and difficult since I was admitted to practice in 1981.

On top of that, the current atmosphere in the Legislature and among members of the general public is without question going to result in historic changes for the legal profession in this, and in probably the next two or three, legislative sessions.

Whether those changes are for the better or a very great deal for the worse will depend in large part on how the Bar Association participates in the process.

We all know from our day-to-day practice that results are affected drastically by knowing when to keep silent and when to speak, and by not only what one says when one chooses to speak, but by how one chooses to present things, and to whom.

Approximately two thirds of my career has been spent in the private sector and the remaining one third in the public sector, and this provides me unique understanding of, and insights into, the manner in which each does business.

A substantial part of my work, in and out of the public sector, has been dealing successfully with the Legislature that will soon be instituting those historic changes in the practice of law.

My practice has reached a point at which I can now devote the time to help guide the Bar in this effort. The good people in the Bar that I know and work with every day deserve the best possible result, and I hope that I can count on your vote.

All attorneys have a duty to serve the Bar Association on the Board of Governors at one time or another. I am more than happy to take my turn.

I have always been interested in the general administration of the courts and the services that the courts provide to the public. I have served on numerous court and Bar committees, including chairing the committee to revise the Uniform Support Order and Financial Affidavit in marital cases.

This is a particularly important time to serve on the Board of Governors. Given the events of the past year, it is extremely important to enhance and restore the credibility of the court system. Most of our citizens have contact with the court only at times of stress and trouble. All of our citizens need to have confidence that, whatever the outcome of their legal matters, they have received a fair hearing and a fair shake from a fair system. The very fabric of our society depends upon these principles.

I would appreciate the vote of each and every member of the Cheshire County Bar Association. I pledge to be diligent in the discharge of my duties and to bring the perspective of a solo practitioner and Keene area lawyer to the Board of Governors.

I have been practicing in the North Country as a staff attorney with NH Legal Assistance for the past three years. While helping to get our new office in Littleton up and running, I began to explore NH’s northern three counties that I had come here to serve. Since my arrival, I have had the opportunity to meet and become acquainted with members of various local communities and many of my fellow county bar members. I have held several positions here in the North Country, including that of chair for the Littleton Area Family Violence Council for the past two years, and another as a member of the board of directors for the Littleton Area Chamber of Commerce for the past year. While these positions have been enjoyable and in fact very gratifying, I have come to a point where I would like to direct some of my energies to address issues of unique concern to our region at the statewide level.

Thus, it is with pleasure that I have accepted the nomination for the Coos County seat on the Board of Governors. I look forward to the opportunities that this endeavor may bring to give voice to my county bar.

Partner, Baker & Hayes, Lebanon; JD, University of Maine, 1991; admitted to NH Bar in 1991; member, Vermont and Grafton County bar associations and NH Trial Lawyers Association; attorney representative, NH Guardian ad litem Board.

I was honored to be asked last autumn to complete Tim Caldwell’s term as the Grafton County representative to the New Hampshire Bar Association Board of Governors. There are significant challenges facing the Bar Association and its members in the immediate future, including judicial reform, continuing changes in the profession and the role and financial health of the association itself.

I have lived in Grafton County all my life and have practiced law in Lebanon for almost 10 years. I have come to know most of the lawyers in Grafton County and feel that I can do a good job of representing their interests before the Bar Association while assisting the association in its efforts to address and resolve the many pressing issues before it.

I’m honored to be nominated for the office of Merrimack County governor for the NHBA Board of Governors. I was appointed last year to fill the vacancy created by the resignation (due to relocation) of John Pendleton. I’ve found the experience interesting, to say the least, at this time of the "evolution and revolution" taking place in the legal system. I ask your support to allow me to follow through on the critical positions on court system reform that I’ve been part of as governor over the last year. I strongly support the continued independence of the judicial branch of government and the principle of decisional independence of judges. These broad positions encompass my opposition to election of the judiciary and terms for judges. I do not, however, reject each and every proposal that has been put forth to "reform" the administration of justice. I support, for example, a five-year rotating term for the Supreme Court chief justice, open dockets, an independent JCC and adding a senator and representative to the Advisory Committee on rules.

Looking inward, our Bar Association itself is facing some challenges, such as upgrading its telephone system, providing adequate space for its programs and providing relevant membership services. From my position as executive director of a statewide association, I believe I bring some unique experience and knowledge, which other governors do not have, and I believe this serves the members as much as does the experience of other governors. For example, I’m chair of the Group Insurance Task Force and we’re taking on the challenge of exploring the feasibility of some kind of NHBA-sponsored group health/employee benefits plan to be offered to the membership. In my job, I created a self-funded health/employee benefits plan that covers over 50,000 local government employees and dependents in New Hampshire. We may not be able to do as well for the legal profession, but I’d like to give it a shot…with your support for my candidacy for election to the Board of Governors representing Merrimack County.

Of counsel, Rath, Young & Pignatelli, Concord; JD, Vanderbilt University, 1985; admitted to NH Bar in 1995; senior assistant attorney general, NH Attorney General’s Office, 1994-2000; assisted Gov. Jeanne Shaheen and the Legislature in crafting proposals to respond to Claremont II; defended the 1998 education reform legislation and the 1999 school funding legislation before the Supreme Court; member, NHBA’s CLE Committee.

I ask for the support of the members of the Bar in Merrimack County. I would like to represent you on the Board of Governors. I will bring to the board the perspective of both the public sector and the private sector, having been in private practice both before and after my service in the attorney general’s office.

This year and next, the Legislature and the people are going to be considering changes to our system of justice. The problems that have been identified and some of the proposed changes are complex and present all of us in the legal profession with both the challenge and the opportunity to create positive solutions. We must work with the three branches of government to provide sound, clear, objective information about the judicial system and analysis of short- and long-term ramifications of proposed changes.

It is essential that the Bar’s leaders reach out to all of the members to determine what, if any, positions the Bar should take on any of the proposed changes. I believe the Bar should take positions only when it is confident that the overwhelming sentiment among the members is in favor of that position—essentially the "substantial unanimity" contemplated by the Chapman decision. If the Bar’s leaders advance a position that is supported by only a portion of the membership, even if it is supported by a majority, it will lack the credibility it needs because of the contrary views that will come from the dissenting members. No one will be served by such a result.

However the various proposed reforms turn out, we must reach out to the public to explain what has happened and what it means. The people need to have confidence in their legal system and we have to do everything in our power to make sure we are positive forces in that process.

If elected to the board, I promise to listen to your concerns, answer your questions to the best of my ability and do my best to represent all of you for the next two years.

Law Offices of Michael Alfano, Portsmouth; JD, Boston College Law School, 1985; admitted to NH Bar in 1985; sole practitioner focusing on family law, estate planning, guardian ad litem services and general litigation; member of NHBA’s Family Law Section; court-appointed mediator; has conducted seminars for the National Business Institute and written for the NH Bar Journal.

I am running for Rockingham County governor because I believe that the New Hampshire justice system works extremely well under some extraordinary pressures. Despite recent press reports, the system is sustained by the hard work of many judges, clerks and administrators, who depend on the support of the Bar. Their work is not fully understood or appreciated by the public. I believe that public education should be a priority for the Bar.

My family law practice puts me in contact with the public’s legitimate expectations of lawyers and judges. It also exposes me to that segment of the public that wants to tear down the system as a litigation strategy.

Part of my practice takes me to other jurisdictions where the justice system is not as effective as in NH. However, other states do have one rule that I would like to see here: not allowing non-lawyers to represent other parties in litigation.

I want to work to protect the Bar from the abusive tactics of some litigants, while also striving to enact reforms consistent with the public’s legitimate expectations of the Bar and judiciary.