Bar News - January 9, 2004
Members Appointed to New Attorney Discipline System
THE NH SUPREME Court in late November appointed a number of volunteers to serve as part of the new Attorney Discipline System. Members will serve on one or more of the following committees: the Professional Conduct Committee, the Committee on Character and Fitness, the Hearings Committee, or the Complaint Screening Committee. A list of the appointees appeared in a Supreme Court order on page 26 of the Dec. 19 issue of Bar News.
The court has appointed Landya Boyer McCafferty to serve as the PCC disciplinary counsel. McCafferty, a graduate of Northeastern University Law School, was admitted to the NH Bar in 1991 and most recently worked for the Appellate Defender Program. An interview with McCafferty will appear in a future issue of Bar News.
As disciplinary counsel – a new, full-time position – McCafferty will present cases when necessary to Hearings Committee panels. The hearings panels will then report their findings to the Professional Conduct Committee for disposition.
The new Attorney Discipline System went into effect Jan. 1. The new system is designed to be more efficient and more predictable and will offer more options for remediation of minor misconduct.
The new process separates the screening and hearing functions from the main Professional Conduct Committee. The new PCC, composed of eight lawyers and four non-lawyer members, will decide cases without participating in earlier handling of the complaints. Instead, the nine-mem ber Complaint Screening Committee will decide whether complaints should be dismissed, referred for a formal hearing, or handled in a non-disciplinary, remediative manner (known as diversion), and the Hearings Committee will use three- to five-member panels to conduct fact-finding hearings and present reports to the newly configured PCC for disposition.
The NH Bar Association’s CLE Dept. will present a program on the new Attorney Disciplinary System at the Bar’s Midyear Meeting on Feb. 13, 2004, at the Wayfarer Inn, Bedford. Program faculty members include PCC Administrator Jim DeHart and newly appointed Disciplinary Counsel Landya Boyer McCafferty. See page 15 for more details on the program, and pages 8-9 for more on the Midyear Meeting.
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