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Bar News - July 8, 2005 Legislative Round-Up ~ New Process Created for Divorcing Parents; Med-Mal Panel bill Passes By: Dan Wise This version corrects an error that appeared in the print edition which erroneously reported that HB 468 was passed. The bill, which provided a means for allow third-parties (attorneys) representing a defendant to contact the subject of a domestic violence protection order. Different versions of the bill were NOT reconciled by a House-Senate conference committee and the measure died. Major changes have been made regarding procedures for family law cases, medical malpractice litigation, and the Medicaid program, and repairs have been made to the Uniform Trust Code and the Uniform Commercial Code. The legislature also created a "Crime Victim Employment Leave Act," (HB 329) and authorized funding for an independent review of the state’s process for establishing Child Support Guidelines. The following are highlights of some of the bills passed this session. (Later this summer, Bar News will publish a comprehensive list of bills of potential interest to bar members.) HB 640 – This bill follows the recommendations of the Family Law Task Force. It moves all provisions of RSA 458 pertaining to children to a separate chapter that introduces a new set of terms and procedures to be followed in divorces and separations of couples with children. It redefines "child custody" as a process, jointly worked out by the parties to define "parental rights and responsibilities" and attempts to remove issues such as child visitation from child support. Also, the bill eliminates the requirements for both parties’ consent to submit issues to mediation. Instead of custody awards, both parents would be required to develop detailed "parenting plans" that would specify how parental responsibilities and duties would be handled. HB 584 – Bars "expressions of sympathy or compassion relating to the pain, suffering, or death of an individual" made to the individual or individual’s family from being admitted as evidence in a medical injury action. HB 542 – Makes technical corrections to the Uniform Trust Code regarding "power of withdrawal," duties of notification of qualified beneficiaries, terminations or modifications of trusts, limitations on alimony amounts, creditor’s claims, mandatory distributions, settlor’s powers, powers of trustees, and other changes. SB 214 – Creates a screening process for medical malpractice claims to identify whether filed cases have merit, and encourage early resolution of claims. Screening panels, appointed by the Chief Justice of the Superior Court, will include a retired judge, an attorney and a medical practitioner. The panel’s findings shall be determined by "a preponderance of the evidence" following a hearing. The findings of the panel will be admissible into evidence if there is a subsequent court trial in the case. The NH Trial Lawyers Association had actively opposed the bill and some attorneys say a court challenge on the admissibility of the panel’s findings is likely. HB 280 – Modifies the manner of service of orders in divorce and child custody proceedings, so that respondents may pick up the orders at the courthouse. HB 2 – The so-called "trailer bill" attached to the state budget bill, was approved by both legislative chambers on Wed., June 29. It contained several significant pieces of legislation, including a bill that establishes a civil legal services fund to provide $700,000 to NH Legal Assistance to open a Nashua office and to supplement staffing at other NHLA offices in the state. (At press time, the governor had expressed concerns about some elements in the budget and ‘trailer bill’ and indicated that he would not sign the bills but would allow them to become law.) The trailer bill also included enabling legislation for the creation of the statewide Family Division, setting forth jurisdiction, and the locations and catchment areas for division sites in each county. It also contained several provisions regarding Medicaid and asset-protection strategies. Visit www.gencourt.state.nh.us for the full text of these bills. More information on legislative activity will appear in subsequent issues of Bar News. To get an update on legislative and case law changes in the past year, mark your calendars to attend the NHBA CLE "Developments in the Law" CLE on Friday, Oct. 28, 2005. |
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