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Bar News - February 8, 2002 Temporary and Permanent Rules Changes Pursuant to Part II, Article 73-a of the New Hampshire Constitution, and Supreme Court Rule 51 A(7), the Supreme Court of New Hampshire approves, on a temporary basis, effective immediately, amendments to Supreme Court Rule 12-D(5) as set forth in Appendix A, Supreme Court Rule 37 as set forth in Appendix B, and Supreme Court Rule 37A as set forth in Appendix C. These amendments to the Supreme Court Rules shall be referred to the advisory committee on rules for consideration of whether they should be adopted as permanent rules. Pursuant to Part II, Article 73-a of the New Hampshire Constitution, and Supreme Court Rule 51 A(7), the Supreme Court of New Hampshire approves, effective immediately, amendments to Supreme Court Rule 12-C as set forth in Appendix D, Supreme Court Rule 49 as set forth in Appendix E, and Supreme Court Rule 55(5) as set forth in Appendix F. January 15, 2002 ATTEST: Eileen Fox, Clerk of Court Editor’s Note: The appendices are reprinted in full below with the exception of the Rules of the Professional Conduct Committee (Rules 37 and 37-a,) which appear in full text on the Court’s Web site at http://webster.state.nh.us/courts/supreme.htm under Supreme Court Orders, dated Jan. 15, 2002.APPENDIX A: Criteria for Selection of Cases for 3 JX Panels Amend Supreme Court Rule 12-D(5) by deleting paragraph (5) and replacing it on a temporary basis with the following: (5) Criteria for Selection of Cases for 3JX Panel. Cases suitable for oral argument before a 3JX panel include, but are not limited to:
APPENDIX B - Summarized. Supreme Court Rule 37 (Committee on Professional Conduct) is amended and replaced on a temporary basis with language specifying that disciplinary jurisdiction of the court applies to attorneys admitted to practice law in NH, "any attorney specially admitted to practice by a court of this state or any non-lawyer representative permitted to represent other persons before the courts of this State pursuant to RSA 311:1." The term "attorney, for purposes of Rule 37, applies to attorneys or non-lawyer representatives permitted to represent others in court. APPENDIX C - Summarized. Amend Supreme Court Rule 37A by deleting it and replacing it with the following: Rule 37A. RULES AND PROCEDURES OF COMMITTEE ON PROFESSIONAL CONDUCT The rules and procedures provide definitions of the process, rules governing the processing of matters and the conduct of hearings, disclosure of information, and other matters. APPENDIX D Amend Supreme Court Rule 12-C by deleting it and replacing it with the following: Rule 12-C. JUDICIAL REFEREE PANELS The court may, either on consideration of the notice of appeal or after briefing, refer a case to a judicial referee panel consisting of three retired supreme, superior, full-time district, or full-time probate court justices acting as judicial referees pursuant to RSA 493-A:1. Cases referred shall involve claims of error in the application of settled law, of an unsustainable exercise of discretion where the law governing that discretion is settled, or of insufficient evidence or a result against the weight of the evidence. The parties will be notified of this referral, and a scheduling order will be issued. The parties may file a joint motion requesting that a case be referred to a judicial referee panel. The procedure for hearings before a judicial referee panel shall be the same as provided in these rules with respect to hearings before the full court. Any motions made in a case referred to a judicial referee panel shall be determined by the panel. The decision of a judicial referee panel shall be by written memorandum decision, which shall be submitted to the court for its review and approval. If the court approves the decision of a judicial referee panel, any party aggrieved by the decision may move for rehearing or reconsideration as provided in Rule 22. If a motion for rehearing or reconsideration is granted or if the court does not approve the decision of a judicial referee panel, the court may make a final disposition of the cases based on the record and pleadings before the judicial referee panel, including the oral argument, or it may order new briefing and/or oral argument. Cases decided under this rule shall be published in the New Hampshire Bar News and shall not be regarded as establishing precedent or be cited as authority in unrelated cases unless the court also orders the decision to be published in the New Hampshire Reports. APPENDIX E Amend Supreme Court Rule 49 by deleting it and replacing it with the following: Rule 49. FEES IN SUPREME COURT
APPENDIX F Amend Supreme Court Rule 55(5) by deleting it and replacing it with the following: (5) Administration of the Fund. The Public Protection Fund shall be administered by a nine member committee, appointed by the President of the New Hampshire Bar Association with the approval of the association’s Board of Governors, which committee shall include at least two public members. Five members shall constitute a quorum. All decisions of the committee shall be made by a majority of the members present and voting. The committee shall have the power to propose regulations to clarify the intent of this rule, which regulations shall become effective after review and approval by the court. Decisions of the committee as to whether or not to pay claims and the amount of payments shall be within the committee’s discretion, subject to the annual limits stated above, and will be reviewable only for unsustainable exercise of discretion. Review of decisions of the committee shall be by a panel of three retired judges, appointed by the New Hampshire Supreme Court, whose decisions shall be final. Within 120 days after the end of each fund year, the New Hampshire Bar Association shall report to the court about the claims made, approved and paid, assessments received, income earned, and expenses incurred in the preceding fund year. Reasonable expenses incurred by the New Hampshire Bar Association in administering the fund, including overhead, staff time, and professional fees, shall be reimbursed by the fund as a cost of operation, subject to the review and approval of the court.
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