A PARTY IN any cause or proceeding may appear, plead, prosecute or defend in his or her proper person, that is, pro se, or may be represented by any citizen of good character. For the purposes of this section, a citizen shall be presumed to be of good character unless demonstrated otherwise.

The pleadings filed by the Bar in the cross-petition seeking to enjoin Theodore Kamasinski from engaging in the unauthorized practice of law cited a 1997 Supreme Court order in the Petition of Caroline Douglas that required that Kamasinski comply with a Supreme Court rule governing the use of the "citizen of good character" exception for non-lawyer representation. That order was never complied with, according to the Bar's attorney, Joseph McDowell. In a motion to compel discovery in the unauthorized practice of law litigation, the Bar alleged:

"On Nov. 18, 1997, a request was filed pursuant to RSA 311:1 and Supreme Court Rule 33 (2) seeking permission for Theodore Kamasinski to represent the Petitioner, Caroline G. Douglas, in these matters in this court. Mr. Kamasinski is not a lawyer. The Respondent, Charles G. Douglas, III, has filed pleadings objecting to Mr. Kamasinski's appearance.

Rule 22 (2) requires that a non-lawyer who represents another person must be of good character. See RSA 311:1 (a party may appear by any citizen of good character). RSA 311:7 provides that no person be permitted to commonly practice as an attorney in court unless he has been admitted by the court and taken the oath prescribed in RSA 311:6.

On or before Dec. 29, 1997, Mr. Kamasinski shall file an affidavit together with any other information necessary to determine whether he is a citizen of good character and whether he has commonly practiced as an attorney in court, including, without limitation: all information regarding any offenses of which Mr. Kamasinski has been convicted and offenses of which he has been charged by complaint or indictment (offenses include felonies, misdemeanors and violations other than offenses for which a record of his conviction has been annulled pursuant to statute); all judicial and quasi-judicial proceedings at which Mr. Kamasinski has filed an appearance for, or otherwise represented, another person, entity, or organization; and all persons, entities and organizations to whom Mr. Kamasinski has given legal counsel."

In addition, the Bar repeatedly asked Kamasinski to disclose any names he used in this location or any other. He did not comply with any of these requests.

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