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Bar News - April 8, 2005 Indigent Fees, Legislation Discussed by Board of Governors On March 17, 2005, the NHBA Board of Governors considered proposals for an increase in criminal indigent legal fees. The current level is $60 per hour, a rate last increased in 1992. The Supreme Court, until March 31, was accepting comments on proposed changes that would increase the cap on contracted indigent defense services to: maximum fee for misdemeanors: $1,400; felonies: $4,100; (per co-counsel) for homicides under RSA 630:1-2: $20,000; and maximum fee for Supreme Court appeal: $2,000. The Board discussed and approved a recommendation by the Bar's Delivery of Legal Services Committee to ask the court to increase the hourly fee to $82, based on inflation. (Martin Honigberg and Lisa Wellman-Ally abstained.) The Board also completed its review of bills considered by the NHBA Legislation Committee, and authorized opposition to CACR 16, which would limit the ability of the supreme court to review the constitutionality of legislative actions (Marilyn McNamara and Gretchen Witt abstained on all discussion and votes regarding legislation; Martin Honigberg abstained from several bills.) On a number of bills the Board voted to authorize legislative representative John MacIntosh to provide information to legislators on the implications or implementation issues involved. . The Board also discussed the new federal bankruptcy reform legislation that has passed the Senate and which (by press time) was considered likely to be approved by the House. In particular, the Board discussed the implications of certain provisions that would heighten the liability and accountability of lawyers representing clients filing for bankruptcy, and whether the NHBA should join a number of other state bar associations in formally calling on Congress to reconsider those provisions. The Board also discussed the possibility of sending representatives from the Bar to discuss these and other issues with members of NH's congressional delegation on a regular basis. NHBA President Jim Gleason was authorized to appoint a task force to further consider the idea, including consideration of the Chapman and Keller decisions limiting the advocacy activities of mandatory membership bar associations. The Board also discussed possible avenues to take with regard to concerns expressed by some members of the Board with proposed changes to the NHMCLE rules. The Board also discussed the status of negotiations on a potential lease for office space to replace the current Bar Association location. A policy manual governing administration and communications policies for section officers was circulated to the Board for consideration at its next meeting, which will be held April 21. |
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