THE US FIRST Circuit Court of Appeals entered a judgment and mandate in the case of Theodore Kamasinski v. Edward J. Fitzgerald, et al., affirming the dismissal of Kamasinski’s federal court challenge of an unfavorable verdict in Superior Court. Associate Justice Edward J. Fitzgerald, in rulings in the winter of 2003, had enjoined Kamasinski from representing others in court or providing legal advice.

Kamasinski, a persistent critic of the legal system who has represented several litigants in court, then brought suit in US District Court challenging the ruling on several grounds. In a 17-page order issued July 16, 2003, District Court Judge Stephen McAuliffe dismissed "with prejudice" Kamasinski’s appeal as being "plainly without legal foundation." The judge said that the proper route for an appeal was in the state courts.

Kamasinski appealed the dismissal to the Circuit Court. On May 13, 2004, a three-judge appellate panel affirmed the district court’s ruling. On June 3, 2004, the federal court issued a "mandate" which finalizes its action and indicates that the time period for seeking an en banc hearing before the full circuit court had expired.

Fitzgerald’s Jan. 30, 2003 ruling and a subsequent order granted a petition for injunctive relief filed by Joseph F. McDowell on behalf of the Bar. Fitzgerald’s order enjoins Kamasinski from:

• giving legal advice to anyone;
• filing an appearance on behalf of any litigant in a state court or state administrative proceeding;
• drafting or participating in the drafting of pleadings, briefs or memoranda on behalf of any person other than himself; and
• negotiating legal rights or responsibilities on behalf of anyone other than himself.

The injunction was the result of a cross-petition filed by the NH Bar Association and the NH Attorney General’s Office seeking to stop Kamasinski from practicing law in violation of RSA 311.7. The litigation began when Kamasinski filed a petition for declaratory judgment, asking the Superior Court to declare that his activities did not constitute unauthorized practice of law.

McDowell, of Manchester, and Joshua L. Gordon, of Concord, handled the case pro bono for the Bar Association.

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