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Bar News - March 16, 2012 Supreme Court Orders
LD-2011-0001 In the Matter of David W. Pellenz On February 10, 2011, the Attorney Discipline Office (ADO) filed a certified copy of the judgment of the Merrimack County Superior Court in State of New Hampshire v. David Pellenz. The judgment reflects that Attorney Pellenz was convicted of the crime of hindering apprehension or prosecution, a class A misdemeanor. In accordance with Rule 37(9)(d), the court referred this matter to the Professional Conduct Committee (PCC) for a determination of the extent of discipline to be imposed. After a hearing the PCC recommended that Attorney Pellenz be disbarred. In response to the recommendation, Attorney Pellenz submitted his "resignation" from the bar. Because Attorney Pellenz’s resignation did not meet the requirement of Rule 37(11), which governs resignation of an attorney under disciplinary investigation, Attorney Pellenz was ordered to submit to the PCC an affidavit requesting to resign as required by the rule. Attorney Pellenz subsequently sent the PCC an undated affidavit requesting to resign from the bar. On December 15, 2011, the PCC recommended that Attorney Pellenz’s request to resign be denied because his affidavit failed to meet the requirements of the rule and because, in its view, the circumstances of his case make resignation inappropriate. Attorney Pellenz’s request to resign from the bar is denied. After reviewing the PCC’s recommendation on the appropriate sanction in this case, the court concludes that, given the gravity of Attorney Pellenz’s misconduct, disbarment is the appropriate sanction. THEREFORE, in accordance with Rule 37(9)(d), the court orders that David W. Pellenz be disbarred from the practice of law in New Hampshire. Attorney Pellenz is hereby assessed all expenses incurred by the PCC in the investigation and prosecution of this matter. Dalianis, C.J., and Hicks, Conboy and Lynn, JJ., concurred. DATE: February 24, 2012 ATTEST: Eileen Fox, Clerk In accordance with RSA 490-F:6, V, and Supreme Court Rule 61(4), Judges Gerard Boyle, Edward Burke, Daniel Cappiello, William Lyons, and Stephen Morrison, who are assigned to the district division of the circuit court, are certified to sit in the family division to hear only the types of cases that were previously within the jurisdiction of the district court. DATE: February 27, 2012 ATTEST: Eileen Fox, Clerk of Court Supreme Court of New Hampshire In accordance with RSA 490-F:6, V, and Supreme Court Rule 61(4), Judges Gary Cassavechia and Christina O’Neill, who are assigned to the probate division of the circuit court, are certified to sit in the family division to hear only the types of cases that were previously within the jurisdiction of the probate court. DATE: February 27, 2012 ATTEST: Eileen Fox, Clerk of Court Supreme Court of New Hampshire In accordance with RSA 490-F:6, V, and Supreme Court Rule 61(4), Judge Gregory Michael, who is assigned to the district division of the circuit court, is certified to sit in the family division to hear only the types of cases that were previously within the jurisdiction of the district court. DATE: March 7, 2012 ATTEST: Eileen Fox, Clerk of Court Supreme Court of New Hampshire |
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