The Supreme Court’s Professional Conduct Committee reports that in 2000 it docketed 170 complaints for investigation by the committee. The higher number of complaints reversed a two-year decline in docketed matters. (Click here for the complete text of the PCC’s Annual Report.)

Interestingly, despite the public attention focused on discipline involving judges in the past two years, the disciplinary committee for lawyers actually received fewer written complaints in 2000 (302 in 2000 compared to 366 in 1999 and 395 in 1998). However, the PCC docketed a higher percentage (56 percent of the letters received) than in 1999 and 1998.

The complaints docketed in 2000 involved 152 different attorneys, 24 more attorneys than were the subject of complaints in the prior year. Also, the number of attorneys who were the subject of multiple complaints has been increasing: 22 in 2000 were named in more than one complaint, compared to 15 in 1999 and 17 in 1998.

Once again, complaints stemming from the handling of divorce and family law matters predominated, accounting for 44 of the 170 docketed matters, followed by criminal matters (41). Complaints stemming from real estate or condominium cases rose significantly, figuring in 28 of the complaints.

During 2000, the PCC made findings of professional misconduct regarding 19 different attorneys in 20 different complaints. In 13 of these matters, the committee elected to issue reprimands. In two matters, the PCC voted to proceed with petitions to the Supreme Court for public censure. The PCC also moved for the disbarment of three attorneys and for a one-year suspension for another attorney. However, all three proposed disbarments involved attorneys who had been disciplined in other states and the cases did not involve NH clients. (The PCC engages in reciprocal discipline with other states, and, when penalties such as indefinite suspensions that do not exist in New Hampshire are imposed, the PCC treats the matter as a new case in deciding on its own recommendations for sanctions.) The one-year suspension, as well as the other petitions, are either in the judicial referee process or are pending action by the Supreme Court.

In 1999, the PCC issued 20 misconduct findings involving 16 attorneys, including 13 reprimands (public information but unpublished), three censure petitions and one two-year suspension.

Last year saw major changes take place in the attorney disciplinary process beginning on April 1, 2000. Complainants are now required to have standing (with the exception of referrals by courts or by other attorneys to satisfy their own ethical obligations) and must be submitted under oath. The new rules also establish procedures by which virtually all cases brought to the PCC, including those cases not docketed as complaints, eventually become public information.

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