THE LATEST LEGAL setback for Theodore Kamasinski came in an Oct. 2 ruling by the NH Supreme Court upholding a trial court's ruling forbidding the non-lawyer from sitting at the counsel table for the petitioner in a divorce case.

The Supreme Court, in a two-page precedential ruling issued by three justices (Duggan, Nadeau, Dalianis), rejected Kamasinski's contention that Superior Court Judge Robert Lynn had exceeded his discretion by banning Kamasinski from sitting next to the petitioner during her trial, citing its LaFrance ruling that said "it is beyond dispute that the judiciary has the power to control its courtrooms." The ruling also noted that Lynn had previously found that Kamasinski was engaged in the unauthorized practice of law and thus the judge "could reasonably have concluded that to permit Kamasinski to sit at counsel table could have given the appearance of sanctioning the unauthorized practice of law."

Two years ago, Kamasinski had entered an appearance on behalf of Lisa Holmes shortly before the start of her trial, as well as a motion to recuse the judge, based on the judge's previous dealings with Kamasinski. Judge Lynn denied the recusal motion, contending it was a delaying tactic for Kamasinski to become involved in the case at a late stage and then seek to replace Lynn. Lynn also found that Kamasinski was engaged in the unauthorized practice of law. Kamasinski then asked another Superior Court judge to declare that his activities - frequently writing briefs, appearing in court and conducting negotiations on behalf of others - did not constitute unauthorized practice under RSA 311.7. His petition named the NH Bar Association and the Attorney General's Office as defendants because they are authorized to enforce the law. The Bar, joined by the AG's Office, cross-petitioned, seeking a finding by the court that Kamasinski was violating the statute and a broad prohibition of Kamasinski's legal activities on behalf of others.

Last spring, Associate Justice Edward Fitzgerald entered a judgment against Kamasinski, in part based on Kamasinski's failure to answer some of the factual allegations made by the Bar and the Attorney General's Office. (Key documents in this case can be found under Publications/News Releases.)

Kamasinski has also sought to overturn Fitzgerald's ruling by filing a civil rights case in federal district court. Earlier this summer, U.S. District Court Judge Steven McAuliffe dismissed that case. Kamasinski has appealed the dismissal to the First Circuit Court of Appeals. The Bar recently filed an objection to Kamasinski's request for an extension of time to file a brief, contending that the motion to extend was not filed in a timely fashion and that Kamasinski's case is meritless.

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