NHBA Board Roundup

REITERATING THE REASONS advanced by Bar leaders two years ago, the NHBA Board of Governors has voted to oppose adoption of the constitutional amendment being presented to voters on Nov. 2. The question (see 2004 Constitutional Amendment Question) is only slightly different from the amendment that was narrowly defeated in 2002, falling just short of the necessary two-thirds majority for adoption.

The amendment says that in the event of a conflict between a court rule and a statute regarding "court administration and the practice, procedure, and admissibility of evidence, in all courts in the state" the statute will prevail. The statute must not be "otherwise contrary to the constitution," the amendment says.

After discussing the issue at several meetings over the past few months, the NHBA Board of Governors (at its Sept. 7 meeting) voted to oppose the proposed amendment to Part 2, Article 73-a of the NH Constitution. Board members supporting the Board's action said that the amendment, if passed, could generate further friction between the branches and encourage meddling in the operations of the courts. The amendment's supporters contend that the legislature, as a whole, has not acted irresponsibly and has not enacted injurious or punitive measures on the court. They say that giving the legislature final say over court rules is similar to the relationship between the federal judiciary and Congress, and is similar to the checks and balances in place in many other states. (Of the members present at the meeting, Gretchen L. Witt, of the U.S. Attorney's office, recused herself from any votes on this issue.) See upcoming issues of Bar News for more on this subject.

The following is an abbreviated account of other actions by the Board at its Sept. 7 meeting (more information will be provided on many of these items in forthcoming issues). The Board:

• Authorized the NHBA to move ahead on a proposal for a more efficient, cost-effective headquarters location for the Bar Center. Negotiations are continuing on office space that would include ample parking and the capability for most NHBA CLE programs to be held on-site, resulting in significant reductions in facilities rental and food costs.

• Accepted the report of the Law-Related Education Task Force. The report calls for a restructured Law-Related Education Board that would be broad-based, including lawyers, judges, law enforcement personnel and educators. The report calls for the preservation of core programs such as Mock Trial, We the People and Lawyer in Every School with expanded outreach and fundraising efforts. (More on the work of the Task Force in a future issue.)

• Accepted the findings of a Diversion Task Force, which in April 2004 was created to consider whether the Bar should develop resource lists for attorneys who qualify for non-disciplinary diversion under the new rules governing the attorney discipline process. The task force concluded that the three areas of greatest need for assistance were in the areas of mental health, substance abuse, and law practice management. The task force found that the Attorney Discipline Office has already developed resource lists for mental health and substance abuse, but that assistance is needed to provide information and guidance in law office management. Since the Bar created a Law Practice Management Task Force this year, the Board directed that the LPM Task Force consider services or programming to address these issues for attorneys who may be diverted from the disciplinary process for minor misconduct or problematic conduct resulting from poor office management practices.

• Approved the formalization of a loan of operating funds for the NHBA Insurance Agency from the Bar Association in the form of a promissory note, based on a request from the Bar's independent auditors. The promissory note will more accurately reflect the financial relationship between the Bar Association and the for-profit subsidiary and will simplify tax reporting.

• Nominated immediate Past President Russell Hilliard to serve as the NHBA's representative to the New England Bar Association.
• Reappointed Beth Davis, Christine Rockefeller, and James Tenn to the Pro Bono Governing Board.

The next meeting of the NHBA Board of Governors takes place on Thursday, Oct. 21, at the Bar Center.

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