ADM-2005-0027

In the Matter of Richard P. Marsh

On April 25, 2005, this court issued an order, in accordance with Rule 53.7(A)(3), suspending Richard P. Marsh from the practice of law in New Hampshire for failure to file his certificate of compliance with the minimum legal education requirements for the reporting year ending June 30, 2004, and for failure to pay $450.00 in late fees assessed since August 1, 2004.

The Minimum Continuing Legal Education Board has advised the court that Richard P. Marsh has now filed his certificate of compliance and paid the fees assessed for late filing of his certificate.  It has filed a motion requesting that Mr. Marsh be reinstated to the practice of law.

The motion to reinstate Richard P. Marsh to the practice of law is granted.  Richard P. Marsh is hereby reinstated to the practice of law in New Hampshire.

Broderick, C. J., and Nadeau, Dalianis, Duggan, and Galway, JJ., concurred.

ISSUED: July 1, 2005

ATTEST:  Eileen Fox, Clerk

Small Claims Fees

Pursuant to Part II, Article 73-a of the New Hampshire Constitution and Supreme Court Rule 51(7), the Supreme Court of New Hampshire approves an amendment to District Court Rule 3.3(I)(A) as set forth in Appendix A.

The amendment in Appendix A implements the requirement in RSA 503:4, II(a) (effective July 1, 2005) for a $5.00 addition to each entry fee collected in the district courts for small claims actions, which shall be deposited in the court mediation fund.  The amendment in Appendix A shall take effect immediately. 

July 12, 2005

ATTEST:  Carol Belmain,

Deputy Clerk of Court

Supreme Court of New Hampshire

APPENDIX A 

Amend District Court Rule 3.3(I)(A) to increase the fee for Small claims entry to $40.00, $5.00 of which is to be deposited in the court mediation fund pursuant to RSA 503:4 II(a), so that subsection (I)(A) of Rule 3.3 shall state as follows: 

(I)  Fees

(A)  Original Entries:

Civil writ of summons $75.00

Replevin$  75.00

Landlord/Tenant entry $50.00

Registration of foreignjudgment $100.00

Small claims entry $40.00

Mediation Rules

Pursuant to Part II, Article 73-a of the New Hampshire Constitution and Supreme Court Rule 51, the Supreme Court of New Hampshire approves, on a temporary basis, adoption of District Court Rule 4.29 as set forth in Appendix A. [This notice was received at press time and was too lengthy to publish in full. Below is a list of items covered in the Appendix. Visit www.courts.state.nh.us under “What’s New” for the complete text.

The amendment in Appendix A shall take effect immediately, and shall be referred to the Advisory Committee on Rules for consideration of whether it should

be adopted on a permanent basis.

July 13, 2005

Carol Belmain,  Deputy Clerk of Court

Supreme Court of New Hampshire

Excerpt of items covered in new District Court Rule 4.29:

Rule 4.29.   District Court Small Claims Mediation Policy

(A)  Purpose.  The District Court establishes these small claims mediation rules to increase access to justice; to increase parties’ satisfaction with the outcome; to reduce future litigation by the same parties; to make more efficient use of judicial resources; and to expand dispute resolution resources available to the parties.

(B)  Definitions.

(C)  Mediator qualifications.  Mediators shall satisfy the qualifications and criteria specified by the Supreme Court.  Minimum qualifications include:  completion of a 20-hour mediation process training; two years experience as a mediator or equivalent experience, and an understanding of civil and landlord/tenant law is helpful.

All mediators serving as small claims mediators shall contract with the Administrative Office of the Courts for a term of one year.

The following issues are addressed in detail in the rule:

(D) Referral of cases to mediation.

(E) Mediator assignment.

(F) Payment of mediator fees.

(G) Disclosure of conflict.

(H) Impartiality.

(I) Prohibitions.  Mediators may not counsel or provide representation to either party, or give legal advice “during or after the mediation.” “ “The mediator shall not use the mediation process to solicit or encourage future professional services with either party.”

(J)  Self determination.

(K)      Professional advice.

(L)      Confidentiality.

(M) Inadmissibility of mediation proceeding.

(N) Concluding mediation.

(O) Immunity.

(P)      Implementation.

(Q) Removal from list of small claims mediators.