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Bar News - March 8, 2002


NHBA Candidate Statements

 

PRESIDENT-ELECT (1-year term)

Russell F. Hilliard

Upton & Hatfield, Concord; JD, Cornell, 1976; LLM in Taxation, Boston University, 1985; admitted to NH Bar in 1976; current vice president, NHBA Board of Governors, also served on board from 1979-81; chair, NHBA Professionalism Committee; member, Legislative Ethics Committee, 1991-97 (chair 1993-97); Board of Bar Examiners, 1981-90; NH Public Employees Labor Relations Board, 1980-86; and NHBA Legislative Counsel, 1979-83; Merrimack County Bar president, 1978-79; Fellow, American College of Trial Lawyers.

Service as vice president of the Bar has provided me an opportunity to appreciate the skill and dedication that Bar leadership and staff have brought to the serious issues facing our profession. As the legislative battles lessen and fade (we hope), our focus will sharpen on service to our members, the profession and the public. It has been my privilege to be involved in Professionalism Day, in working to bring Casemaker to NH, and in the formation of the NHBA Insurance Agency. I look forward to continuing these efforts as president-elect, as well as having fun with a great group to be led by incoming president Marty Van Oot. Please get involved in some way with Bar activities; it pays for itself in many ways.

VICE PRESIDENT (1-year term)

James D. Gleason

Gleason Law Office, Henniker; JD, Franklin Pierce Law Center, 1978; admitted to NH Bar in 1978; also admitted to Michigan Bar, in 1989; former governor-at-large on NHBA Board of Governors, 1984-87; director, NH Bar Foundation, 1984-87; chair, NH Trial Lawyers CLE Committee, 1985-87; former chair, Committee on Prepaid Legal Services and Committee on Group Insurance and Pension Plans; member, Association of Trial Lawyers of America, NH Trial Lawyers Association and American Inns of Court; founding member, NH Association of Criminal Defense Lawyers; involved in various civic and athletic organizations.

I am simultaneously pleased, flattered and nervous at the prospect of serving the New Hampshire Bar Association membership and the public as vice president. The members of our association are a uniquely diverse and opinionated lot. Nevertheless, as an association, we recognize and respect our individual perspectives, while at the same time honoring our common goal: the pursuit of liberty, health, happiness and justice for everyone in our community, state, region and country.

I am fiercely proud of the traditions, practices, and customs of the practice of law in New Hampshire. As attorneys and counselors at law, we frequently have the opportunity to promote justice and preserve human dignity. It is my hope that individually, and as an association, we will endeavor to take advantage of that opportunity.

SECRETARY (1-year term)

Richard B. McNamara

Wiggin & Nourie, Manchester; JD, Boston College, 1975; admitted to NH Bar in 1975; NH Attorney General’s Office, 1975-79; assistant attorney general, 1977-79; chair, Special Committee on Rules of Criminal Procedure, 1986-97; member, Legislation Committee, Task Force on Future of the Profession, Manchester Bar Association and American Bar Association; author of a number of legal practice and procedure texts.

The legal profession will face greater challenges and opportunities in the next few years than it probably has in the last 50 years. All New Hampshire lawyers are aware that the rate of change in the practice of law in the last 10 years has been exponential. The rapid creation of new areas of practice and the decline of traditional areas of practice have become a fact of life. The ever-increasing concentration of economic power has forced lawyers to reconsider what the profession is, what it should be, and how they can best carry out their traditional roles. The geographic barriers that had, in the past, resulted in few out-of-state lawyers practicing in New Hampshire, have been dramatically altered by changes in technology and the growth of the profession, with resulting change upon the New Hampshire legal culture.

As the profession has been undergoing these changes, the extraordinary events of the last few years – the resignation of one Supreme Court justice and an impeachment trial of another – have led to a very public loss of confidence in our institutions. This loss of confidence has led to a questioning of basic assumptions about the courts, the legal system, and, to some extent, even the very way in which the state governs itself.

All of these issues will present challenges for the foreseeable future. In many ways, they are related. The New Hampshire Bar Association can serve an important role in meeting these challenges. The Bar must act as a resource to assist its members in managing change. It must also be able to articulate those principles that are at the foundation of our legal system, and to explain how the profession benefits the public.

Over the last year, the Bar has engaged in a number of initiatives to obtain input from its members to consider how the changes in the profession affect New Hampshire lawyers. The Bar has also attempted to provide information to its members and other branches of government about the impact of proposed legislative changes that will affect the administration of justice. In the last year, I have been actively involved in the Bar’s informational and outreach efforts, and I have greatly enjoyed the opportunity I have had to do so. I would like the opportunity to continue to work to ensure that the Bar Association provides service for the profession, and accurate information to the public and to other branches of government.

TREASURER (1-year term)

Robert R. Howard, III

Robert Howard Law Offices, Henniker; JD, Boston University, 1969; admitted to NH Bar in 1969; NHBA treasurer since 1993; member, NHBA Finance Committee and Technology Task Force; member, various NHBA sections and on faculty panels of a number of CLEs; former Merrimack County governor and governor-at-large on NHBA Board of Governors; served for nine years as a part-time district court judge; recipient of NHBA President’s Award for Outstanding Professionalism (1996).

Our auditors gave us a clean bill of health again this year. As treasurer, I had little to do with it, except to encourage the Bar’s finance director, Tom Manter, in his work, trying to give the impression that I am watching every expenditure with an eagle eye. Tom has been very helpful in keeping the board apprised of the Bar’s financial situation.

Most of my time recently has been spent with the board’s Administrative Committee, working to address future space needs of the Bar, the Bar Foundation and related organizations. My continuing participation on the Board of Governors brings a sense of continuity, and provides a voice for the small of fice. I have long enjoyed the chance to be of service to my fellow Bar members.

GOVERNOR-AT-LARGE (3-year term)

2 Vacancies

John B. Andrews

Executive director, NH Municipal Association, Concord; JD, University of Maine, 1971; admitted to NH Bar in 1991; chair, NHBA Group Insurance Committee and BOG’s Administration of the Bar Committee; member, NHBA Finance and Legislative committees; former member, NHBA Dispute Resolution and Ethics committees; member, board of directors of the National League of Cities and the International City Management Association.

I am pleased to offer my candidacy for a governor-at-large position on the Board of Governors of the New Hampshire Bar Association. I believe I can add value to the board’s work and, thereby, bring value to the membership because of my experience in managing a large association and assuring cost-effective services to members. Even though the Bar is unified, I believe the Bar Association still should "earn your membership" in all respects. In my earlier service as the Merrimack County governor and in my continued service on NHBA committees, I have followed this principle. Examples are helping assure cost-effective professional liability coverage; pursuing the creation of a Bar subsidiary agency to explore other benefit lines of insurance for members; and supporting innovations such as Casemaker.

I believe the NHBA must stand firm and unified against unauthorized practice and narrowly define RSA 311. Whatever the outcome, those who are active pursuant to RSA 311 must be held to the same high standards of competency, ethics, continuing education, discipline and liability as are attorneys. I support adequate funding of the judicial branch. I oppose any periodic judicial review proposals, which have the effect of discouraging talented attorneys from accepting appointment to the bench or which may result in decision-based reviews that inhibit judicial discretion. I support New Hampshire-Vermont reciprocity and its eventual extension to include Maine. Finally, I believe that the Bar Center is woefully inadequate for current operations and, certainly, for future services, such as an expanded menu of in-house CLE programming. The new Concord zoning ordinance prohibits any expansion at the current site. A "New Hampshire Legal Center" needs to be created that could potentially house not only current NHBA and Bar Foundation staff, but also other related agencies, such as the PCC, legal aid agencies, etc. It is important to seek ways to make this a reality without a significant assessment on the members.

I respectfully ask for your vote in the upcoming balloting process.

Gretchen Leah Witt

Assistant U.S. Attorney, United States Attorney’s Office, District of New Hampshire, Concord; JD, Boston University School of Law, 1981; admitted to NH Bar in 1987; worked in U.S. Attorney’s Office since 1986 in various capacities; member, NHBA’s Federal Practice Section, BOG Administration of Justice Committee, CLE Committee, Federal Court Advisory Committee and many of its subcommittees, in addition to a number of other professional committees; director and Fellow of NH Bar Foundation; previously served on NHBA Board of Governors as Merrimack County governor (1995-97) and currently serves as governor-at-large (1999-present).

This fall, I had the opportunity both to observe the recovery effort at ground zero in New York City and to stand at the foot of the cranes in Washington, DC, as the rebuilding of the Pentagon began. Watching this demonstration of our resolve to move forward from the tragedy of Sept. 11, I felt a sense of renewal as a person, as a citizen, and as a lawyer. Too often, we lawyers lose our original sense of purpose as we struggle to earn a living, to represent our clients, to manage our personal lives, and to maintain our professional ethics and values. The recent tragedy has caused many of us to reflect on whether we, as lawyers, are doing enough for society, our profession, our clients, our families, and ourselves. In turn, many have felt increased enthusiasm not only for the important values and efforts we already bring to our society, but also to do more in the years ahead.

The Board of Governors serves as the visible leadership of this Association and of the lawyers who belong to it. This leadership has a responsibility to seize this opportunity for lawyers both to serve and to re-energize our already important role in society. To do so, we must attempt to work in concert as an Association, bringing all the disparate interests and experiences of our membership together.

As a current member of the board, I have tried to enhance the voices of those lawyers, such as prosecutors, municipal lawyers, criminal defenders, and other non-private practitioners, who may not consider that their views are heard. That ongoing process is critical if the Association is, at best, to make full use of the present opportunity to renew lawyers’ importance in the functioning of our society or, at minimum, to remain relevant to larger sectors of the Bar membership than may currently be the case. Because I strongly believe in the need for success in this effort, I hope to continue my service as a governor-at-large for another term and ask for your support.

COUNTY GOVERNORS (2-year terms)

BELKNAP COUNTY

John S. Kitchen

Of counsel, Hall, Hess, Stewart, Murphy & Brown, Laconia; JD, Boston University School of Law, 1973; also holds an LLM in taxation; admitted to NH Bar in 1974; previously assistant attorney general, NH Attorney General’s Office; currently serves as Belknap County representative on the NHBA Board of Governors; Gilford School District moderator for 10 years; member of the Board of Trustees of the Lakes Region Hospital for five years.

I currently serve on the Board of Governors of the New Hampshire Bar Association representing Belknap County on the key issues of judicial selection and independence, as well as on the vital issues of membership services. If elected, I want to continue to focus on committee work on membership services, including negotiating for: (1) attractive Bar Association group rates for both health and liability insurance through a new initiative being launched now; (2) new legal research software for New Hampshire attorneys to be made available as early as next fall at a very low cost on CD and also to be made available through the Bar Association Web site; and (3) high-quality Bar Association continuing legal education programs that are lively, interesting and conveniently located, with good food and refreshments.

CARROLL COUNTY

Anne D. Barber

Melendy & Lee, Conway; JD, Cornell Law School, 1994; admitted to the NH Bar in 1995; current vice president and former president, Carroll County Bar Association; member, Visitation Center Subcommittee of the Governor’s Commission on Domestic and Sexual Violence, 2001-present; volunteer attorney for NH Bar’s Domestic Violence Emergency (DOVE) project.

The Board of Governors represents our interests both to the public and within the justice system. In addition, serious issues face us regarding the future of the practice of law in New Hampshire. The Board of Governors has done much to further our internal discussions about the practice of law, professionalism, and the balancing of collegiality and cost-effective practice with concerns about liability and the bottom line. In my opinion, the board has done an excellent job of furthering our interests. It is my hope to continue this work as a representative of Carroll County

HILLSBOROUGH COUNTY – NORTHERN DISTRICT

James J. Tenn, Jr.

Tenn and Tenn, Manchester; JD, The Catholic University of America – Columbus School of Law, 1991; admitted to NH Bar in 1991; admitted to Mass. Bar in 1992; current Hillsborough County governor on NHBA Board of Governors; vice chair, Pro Bono Advisory Board; member, BOG Committee on NHBA Member Services; past chair, New Lawyers Committee; past president, Manchester Bar Association; past member, NHBA Ethics Committee.

For the past two years, I have been fortunate to serve as the Hillsborough County delegate to the New Hampshire Bar Association Board of Governors. In my candidate statement submitted two years ago, I maintained that the Bar Association’s function is to provide service and assistance to its members and to continue to promote excellence in lawyering. I still believe in these goals as the primary function of the Bar Association.

In the past two years as Hillsborough County governor, I have worked with the Bar Association and am proud that the Bar has conducted Outreach programs in an effort to bring to the attention of our members the forces outside our profession that present tremendous challenges for us as lawyers. Equally as important, the Bar has continued with its long tradition of providing services to its members and volunteer services to those members of the public who cannot afford lawyers.

I would like to continue my service on the Board of Governors. In large part, my focus is to continue to work toward increasing the level of collegiality among our members, reducing the acrimony associated with the practice of law, and providing solutions to the problems that face our Bar Association. As Hillsborough County governor, I will continue to work toward this end.

HILLSBOROUGH COUNTY – SOUTHERN DISTRICT

John T. Pendleton

Gottesman & Hollis, Nashua; JD, University of Richmond, 1993; admitted to NH Bar in 1993, to Maryland Bar in 1994 and to Mass. Bar in 1996; former NHBA governor representing Merrimack County, 1999-2000; member, Ethics Committee, 1998-present, Legal Services Committee, 1997-98; member, NH Trial Lawyers Association, NH Association of Criminal Defense Lawyers, Association of Trial Lawyers of America and William F. Batchelder Inn of Court; director, Rape and Assault Services of Nashua.

I look forward to the opportunity to serve the constituents of the newly created Hillsborough County Southern District. I previously served on the NHBA’s Board of Governors for Merrimack County and have valuable experience with the functioning of the Bar Association. I look forward to working, as an effective member of the board, towards ensuring the highest level of professionalism and ethical conduct among our members and our profession. I also hope my efforts will assist us all in enjoying the "practice" of law. I commit to make myself available to answer any questions or address any concerns of any constituent in the Hillsborough County Southern District.

STRAFFORD COUNTY

John E. Durkin

Burns, Bryant, Hinchey, Cox & Rockefeller, Dover; JD, Catholic University School of Law, 1994; admitted to NH Bar in 1995; previously worked for NH Public Defender in Strafford and Hillsborough Counties; former clerk to NH Supreme Court Justice Sherman Horton; also admitted to Maryland Bar; member, Charles C. Doe Inn of Court and board of directors of the Chase Home for Children, Portsmouth.

I am grateful for the opportunity to run for and hopefully serve on the New Hampshire Bar Association Board of Governors as the Strafford County governor. I have practiced in Strafford County for approximately five years in the areas of both civil and criminal law. As a result, I have established good working relationships with most, if not all, attorneys practicing in Strafford County. I would like to use my experience to serve as a liaison between the attorneys practicing in Strafford County and the Bar Association.

SULLIVAN COUNTY

Jessica J. Bladen

Leahy & Denault, Claremont; JD, Franklin Pierce Law Center, 2000; admitted to the NH Bar in 2000; member, Sullivan County Bar Association, NH Women’s Bar Association, American Inns of Court, American Bar Association and NH Trial Lawyers Association; member, board of directors of Frank Rowe Kenison Inns of Court and board of directors of Stepping Stones/Next Step.

I was honored to be nominated to run for the office of Sullivan County Governor for the NHBA Board of Governors. As a native of New Hampshire, I have a vested interest in my state and my community. I have lived in Sullivan County for much of my life, and have found it to be a wonderful area in which to live and to raise my children. I believe that my professional and educational background places certain responsibilities on me to contribute in whatever meaningful way I can to improve our social conditions locally and globally.

As a member of the New Hampshire Bar Association, I believe that this is an important time relative to preserving the integrity of the Bar and maintaining the high professional standards that we all aspire to. Part of achieving these goals requires that we police ourselves and other legal practitioners, requiring appropriate credentials and commitment of those that practice within our state borders. The public that we serve deserves nothing less than the assurance that the Bar stands for quality and integrity, and that those who are members represent these qualities. The coming years may see some changes in the way we regulate our profession, and I have a strong interest in fostering public confidence in our legal system and those who practice in it.

ASSOCIATION ABA DELEGATE (2-year term)

L. Jonathan Ross

Wiggin & Nourie, Manchester; JD, Georgetown University Law Center, 1967; LLM, Harvard University, 1968; admitted to NH Bar in 1968; also admitted to Virginia Bar, 1967; NHBA delegate to the ABA, 1996 to present; NHBA president, 1985-86; member of the Board of Governors, 1976-81 and 1983-87; former chair of the Legal Negligence Committee, Family Law Task Force, Special Marital Master Committee and Delivery of Legal Services Committee; member, Finance Committee, Family Law Section and NH Bar Foundation Board of Directors; ABA member since 1968; involved in numerous other local and national professional and civic groups.

Significant issues affecting the practice of law will continue to come before the House of Delegates at the American Bar Association. I seek the privilege of representing the New Hampshire Bar Association and its members in those deliberations. We have just concluded a revision to the Model Rules of Professional Conduct based on the work of the Ethics 2000 Commission and we anticipate receiving the report of the Multi-Jurisdictional Practice Commission by the annual meeting in August 2002 in Washington, DC. President-Elect A.P. Carleton’s emphasis during his term, which begins after the annual meeting, will include the delivery of legal services to moderate-income Americans, with a focus on how to match lawyers, especially in solo and small firm practices, with the unmet legal needs of most Americans.

I have significant background in delivery of legal services. I have been co-chair of our Delivery of Legal Services Committee, a board member of the NH Bar Foundation, a board member of LARC and a regular participant in the NH Bar Pro Bono Program. I am the current chair of the ABA Standing Committee on Legal Aid and Indigent Defendants. I have regional and national exposure to matters relating to bar associations and practicing lawyers as a member of the New England Bar Association Board and a member of the Executive Committee of the National Caucus of State Bar Associations. I am a past member of the ABA Standing Committee on Pro Bono and Public Service and a current liaison to that committee.

We have uncharted waters ahead after Sept. 11. I believe in the rule of law, the need for security and that lawyers have a unique responsibility to advocate for liberty and the preservation of our system of justice in the face of terror. These issues have and will continue to face our nation and our lawyers. I would like to represent our association in those debates.

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