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Bar News - September 5, 2008 NH Supreme Court Order The New Hampshire Supreme Court Advisory Committee on Rules has reported a number of proposed rule amendments to the New Hampshire Supreme Court with a recommendation that they be adopted. On or before Wednesday, October 15, 2008, members of the bench, bar, legislature, executive branch, or public may file with the clerk of the supreme court comments on any of the proposed rule amendments. An original and seven copies of all comments shall be filed. Comments may also be e-mailed to the court at: rulescomment@courts.state.nh.us. The proposed rule amendments are set forth below.I. PRO BONO SERVICES – LIMITED ADMISSION TO BAR AND TEMPORARY SERVICE FOLLOWING MAJOR DISASTER The following rules provide for a limited certificate of admission to the bar for certain retired and inactive attorneys who wish to provide pro bono services through an approved legal services organization, and allow temporary practice on a pro bono basis in New Hampshire by lawyers licensed in other jurisdictions following declaration of a major disaster. 1. Supreme Court Rule 42-D re limited certificate of admission for pro bono participation program. After public hearing held in December 2007, the committee recommends adopting this rule as set forth in Appendix A. 2. Supreme Court Rule 60 re provision of legal services following determination of major disaster. After public hearing in June 2008, the committee recommends adopting this new rule as set forth in Appendix B. 3. Professional Conduct Rule 5.5, ABA Model Code Comment [14], regarding provision of legal services following determination of major disaster. After public hearing held in June 2008, the committee recommends amending this comment as set forth in Appendix C. II. MEDIA ACCESS AND PROTECTIVE ORDERS The following proposals amend rules governing media access to proceedings before the Supreme Court, the Judicial Conduct Committee and the Attorney Discipline System. In addition, they amend rules governing the review of protective orders issued by the Judicial Conduct Committee and the Attorney Discipline System. 1. Supreme Court Rule 19 re media access. After public hearing held in June 2008, the committee recommends amending this rule as set forth in Appendix D. 2. Supreme Court Rule 37(20)(f) re protective orders. After public hearing held in June 2008, the committee recommends amending this rule as set forth in Appendix E. 3. Supreme Court Rule 37(21)(c) re protective orders. After public hearing held in June 2008, the committee recommends amending this rule as set forth in Appendix F. 4. Supreme Court Rule 37A(III)(c)(9) re media access. After public hearing held in June 2008, the committee recommends amending this rule as set forth in Appendix G. 5. Supreme Court Rule 37A(IV) re protective orders. After public hearing held in June 2008, the committee recommends amending this rule, and adopting it on a permanent basis, as set forth in Appendix H. 6. Supreme Court Rule 40(3)(f) re protective orders. After public hearing held in June 2008, the committee recommends amending this rule as set forth in Appendix I. 7. Supreme Court Rule 40(11)(j) re media access. After public hearing held in June 2008, the committee recommends amending this rule as set forth in Appendix J. III. SYSTEM-WIDE GUARDIAN AD LITEM RULES The following proposals repeal the current system-wide guardian ad litem guidelines and related Superior Court Rule 212, and replace them with new rules. The interested reader may wish to review RSA chapter 490-C, which establishes the Guardian ad Litem Board, as well as the administrative rules promulgated by the Guardian ad Litem Board (New Hampshire Administrative Rules, GAL 100 through 500). 1. System-Wide Guardian ad Litem Guidelines. After public hearing held in June 2008, the committee recommends repealing the current System-Wide Guardian ad Litem Guidelines, and adopting new System-Wide Guardian ad Litem Application, Certification and Practice Rules as set forth in Appendix K. 2. Superior Court Rule 212, re certification of court-appointed guardians ad litem. After public hearing held in June 2008, the committee recommends repealing this rule as set forth in Appendix L. IV. DISCIPLINARY PROCEDURES AND COMMITTEE MEMBERSHIP The following proposals address the process for reinstatement of attorneys suspended for six months or less, clarify the authority of the Judicial Conduct Committee to order disciplined judges to pay the Committee’s expenses, and expand the membership of the Advisory Committee on Rules to include a judge or master from the Family Division. 1. Supreme Court Rule 37A(II)(d)(2)(D) re reinstatement of attorneys suspended for six months or less. After public hearing held in June 2008, the committee recommends adopting this new subsection as set forth in Appendix M. 2. Supreme Court Rule 40(13-A) re judicial conduct committee procedures. After public hearing in December 2007, the committee recommends adopting new subsection (13-A) as set forth in Appendix N. 3. Supreme Court Rule 51B re rules advisory committee membership. After public hearing held in June 2008, the committee recommends amending this rule as set forth in Appendix O. V. USE OF VIDEO TAPE DEPOSITIONS IN SUPERIOR COURT The following rule requires a party intending to use a video tape deposition at trial to provide the superior court before trial with a transcript of the entire deposition unless the superior court orders otherwise. 1. Superior Court Rule 45-A re use of video tape depositions. After public hearing held in June 2008, the committee recommends amending this rule as set forth in Appendix P. VI. APPEALS FROM ADMINISTRATIVE AGENCIES – THE RECORD ON APPEAL The following rule clarifies that the appealing party has the initial burden of paying for transcripts in administrative appeals, and explains the potential consequences of not providing a transcript. It further repeals the current provision that states that the entire record of the administrative agency, even if it is not filed with the supreme court, is part of the record on appeal. 1. Supreme Court Rule 10 re appeals from administrative agencies. After public hearing held in June 2008, the committee recommends amending this rule as set forth in Appendix Q. VII. TEMPORARY RULES CURRENTLY IN EFFECT The following rules are currently in effect as temporary rules. It is proposed that they be adopted on a permanent basis without any substantive changes. 1. Supreme Court Rule 3 re definition of "mandatory appeal." After public hearing held in June 2007, and after consideration of amendments to the proposal at its meeting in September 2007, the committee recommends adopting, on a permanent basis, the temporary amendments adopted by supreme court order dated October 9, 2007, as set forth in Appendix R. 2. Supreme Court Rule 37 re attorney discipline system. After public hearing held in June 2007, the committee recommends adopting, on a permanent basis, the temporary amendments adopted by supreme court order dated January 18, 2007, as set forth in Appendices S to W. 3. Supreme Court Rule 37A re rules and procedures of the attorney discipline system. After public hearings held in June and December 2007, the committee recommends adopting, on a permanent basis, the temporary amendments adopted by supreme court orders dated January 18, 2007, and December 21, 2007, as set forth in Appendices X to EE. 4. Supreme Court Rule 40(5) re judicial conduct committee procedures. After public hearing held in June 2008, the committee recommends adopting, on a permanent basis, the temporary amendments adopted by supreme court order dated January 15, 2008, with a further clarifying amendment as set forth in Appendix FF. 5. Supreme Court Rule 42(4) re qualifications for admission to the bar. After consideration at its meeting in December 2007, the committee recommends adopting, on a permanent basis, the temporary amendments adopted by supreme court order dated December 21, 2007, as set forth in Appendix GG. 6. Supreme Court Rule 42(5)(h) and (j) re committee on character and fitness. After consideration at its meeting in December 2007, the committee recommends adopting, on a permanent basis, the temporary amendments adopted by supreme court order dated December 21, 2007, as set forth in Appendix HH. 7. Supreme Court Rule 42(13) re admission of Daniel Webster Scholars to the bar on motion. After consideration at its meeting in December 2007, the committee recommends adopting, on a permanent basis, the temporary amendments adopted by supreme court order dated November 16, 2007, as set forth in Appendix II. 8. Supreme Court Rule 49(I)(E)(3), Rule 49(I)(H), and Rule 49(I)(I) re fees. After consideration at its meeting in December 2007, the committee recommends adopting, on a permanent basis, the temporary amendments adopted by supreme court order dated November 16, 2007, as set forth in Appendix JJ. 9. Superior Court Rule 62(I) re initial structuring conferences. After public hearing held in June 2008, the committee recommends adopting, on a permanent basis, the temporary amendments adopted by supreme court order dated November 16, 2007, as set forth in Appendix KK. 10. Superior Court Rule 170-A re arbitration. After public hearing held in June 2008, the committee recommends adopting, on a permanent basis, the temporary amendments adopted by supreme court order dated January 15, 2008, as set forth in Appendix LL. 11. Superior Court Rule 170-B re judge-conducted mediation. After public hearing held in June 2008, the committee recommends adopting, on a permanent basis, the temporary amendments adopted by supreme court order dated December 21, 2007, as set forth in Appendix MM. Copies of the proposed changes are available upon request to the clerk of the supreme court at the N.H. Supreme Court Building, 1 Charles Doe Drive, Concord, New Hampshire 03301 (Tel. 603-271-2646). In addition, the proposed changes are available on the Internet at: http://www.courts.state.nh.us/index.htm.The current rules of the New Hampshire state courts are also available on the Internet at: http://www.courts.state.nh.us/rules/index.htm.July 23, 2008 ATTEST: Eileen Fox, Clerk |
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