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Bar News - July 19, 2013


Supreme Court Orders

In accordance with Rule 39(2)(a), the Supreme Court reappoints Superior Court Justice Steven M. Houran, retired Clerk of Court Dana Zucker, and Mr. Lawrence W. O’Connell to the Committee on Judicial Conduct, to serve three-year terms commencing on July 1, 2013, and expiring on July 1, 2016.

Issued: June 18, 2013
ATTEST: Eileen Fox, Clerk of Court
Supreme Court of New Hampshire


In accordance with Rule 53.8, the Supreme Court of New Hampshire hereby reappoints the following members of the Minimum Continuing Legal Education Board, to serve terms expiring on February 14, 2016:
Attorney Douglas R. Chamberlain;
Attorney Russell F. Hilliard, the nominee of the New Hampshire Bar Association President; and
Attorney James Q. Shirley.

In addition, the court appoints the following persons to the Minimum Continuing Legal Education Board, to serve terms expiring on February 14, 2016:
Associate Supreme Court Justice James P. Bassett; and
Associate Superior Court Justice Richard B. McNamara.

The court designates Attorney Russell F. Hilliard to serve as chair of the board.

Issued: June 18, 2013
ATTEST: Eileen Fox, Clerk of Court
Supreme Court of New Hampshire


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 adopts the following amendments to court rules:

I. Fees

(These temporary amendments increase fees charged in the New Hampshire Supreme Court and in the New Hampshire trial courts. The increased fees are intended to provide additional funds to the judicial branch information technology fund for the maintenance of the technology related to the New Hampshire e-Court Project. See N.H. Laws 2013 ch. 88.)

1. Amend Supreme Court Rule 49, Fees In Supreme Court, on a temporary basis, as set forth in Appendix A.

2. Amend Superior Court Rule 169, Fees, on a temporary basis, as set forth in Appendix B.

3. Amend Circuit Court – District Division Rule 3.3, Court Fees, on a temporary basis, as set forth in Appendix C.

4. Amend Circuit Court – Probate Division Rule 169, Fees, on a temporary basis, as set forth in Appendix D.

5. Amend Circuit Court – Family Division Rule 1.3, Fees, on a temporary basis, as set forth in Appendix E.

II. Judicial Performance Evaluations

(These amendments include marital masters in the judicial performance evaluation program and authorize the New Hampshire Supreme Court to appoint the chairperson of the New Hampshire Bar Association’s committee on cooperation with the courts or his or her designee to the judicial performance evaluation advisory committee.)

1. Amend Supreme Court Rule 56, Performance Evaluation of Judges, on a permanent basis, as set forth in Appendix F.
III. Bar Admissions

(This amendment authorizes the New Hampshire Supreme Court to appoint a bar admissions administrator and general counsel to the Office of Bar Admissions, to serve at the pleasure of the Court.)

1. Amend Supreme Court Rule 42(III), Office of Bar Admissions, on a permanent basis, as set forth in Appendix

G. Effective Date

These amendments shall take effect July 1, 2013. The temporary amendments set forth in Appendices A-E shall be referred to the Advisory Committee on Rules for its recommendation as to whether they should be adopted on a permanent basis.

Date: June 26, 2013
ATTEST: Eileen Fox, Clerk of Court
Supreme Court of New Hampshire


ADM-2013-0024
In the Matter of Misty D. Allen, Esquire

Misty D. Allen, Esquire, was admitted to the New Hampshire bar on May 23, 2011. In accordance with Rule 42(7)(a) (now Rule 47, XII (a)), Attorney Allen was required to complete the Practical Skills course within two years of admission. The New Hampshire Bar Association reported to the court that Attorney Allen did not take the Practical Skills course as required. On May 23, 2013, this court issued an order requiring Attorney Allen to show cause why she should not be suspended from the practice of law in New Hampshire for failure to attend a Practical Skills course within two years of the date of her admission to the bar. Attorney Allen did not respond to the show cause order.

In accordance with Rule 42(7)(a) (now Rule 47, XII (a)), Attorney Allen is hereby suspended from the practice of law in New Hampshire.

If Attorney Allen should seek readmission to the bar in the future, she shall be required to complete the Practical Skills course.

Dalianis, C.J., and Hicks, Conboy, Lynn and Bassett, JJ., concurred.
DATE: June 28, 2013
ATTEST: Eileen Fox, Clerk


ADM-2013-0025
In the Matter of Owen P. Flynn, Esquire

Owen P. Flynn, Esquire, was admitted to the New Hampshire bar on May 23, 2011. In accordance with Rule 42(7)(a) (now Rule 47, XII (a)), Attorney Flynn was required to complete the Practical Skills course within two years of admission. The New Hampshire Bar Association reported to the court that Attorney Flynn did not take the Practical Skills course as required. On May 23, 2013, this court issued an order requiring Attorney Flynn to show cause why he should not be suspended from the practice of law in New Hampshire for failure to attend a Practical Skills course within two years of the date of his admission to the bar. Attorney Flynn did not respond to the show cause order.

In accordance with Rule 42(7)(a) (now Rule 47, XII (a)), Attorney Flynn is hereby suspended from the practice of law in New Hampshire.

If Attorney Flynn should seek readmission to the bar in the future, he shall be required to complete the Practical Skills course.

Dalianis, C.J., and Hicks, Conboy, Lynn and Bassett, JJ., concurred.
DATE: June 28, 2013
ATTEST: Eileen Fox, Clerk


LD-2013-0006
In the Matter of Catherine P. Bausha

On July 3, 2013, the Professional Conduct Committee (PCC) filed an assented-to petition for disbarment of Attorney Catherine P. Bausha. The PCC alleges that Attorney Bausha violated Supreme Court Rules 50 and 50-A, and New Hampshire Rules of Professional Conduct 1.1, 1.3, 1.4, 1.15 (a)-(f), 3.3, 3.4(b), 8.1, 8.4(a), and 8.4(c). The petition states that Attorney Bausha consents to disbarment, and a “Stipulation & Consent to Disbarment” (hereinafter Stipulation), signed by Attorney Bausha and her counsel, is included in an appendix to the petition. In the Stipulation Attorney Bausha concedes that there is clear and convincing evidence that she violated the rules cited. She concedes that disbarment is the appropriate sanction for her misconduct and waives her procedural and substantive rights under Supreme Court Rules 37 and 37A, including the right to an evidentiary hearing before a hearing committee, to proceedings before the PCC, and to further proceedings before the Supreme Court.

In light of Attorney Bausha’s Stipulation, and specifically, of her express waiver of her procedural rights under Supreme Court Rules 37 and 37A, the court concludes it is unnecessary to order that the petition be served upon Attorney Bausha, or to provide her with an opportunity to file an answer to the petition.

The PCC petition is based upon three matters docketed against Attorney Bausha. The first matter was based upon Attorney Bausha’s report of her own conduct and a referral from Attorney Bausha’s former law partner. The other two matters were based on complaints received from individuals. After receiving the initial self-report and referral, the PCC audited the financial records of Attorney Bausha’s former law firm. It also conducted investigations into the other complaints. The PCC’s audit and investigation established the following:

1) Attorney Bausha knowingly transferred client funds from the trust accounts of her former law firm into the law firm’s operating account without proper documentation and prior to generation of an invoice and/or performing services.

2) Attorney Bausha used client funds to pay for operating expenses of her former law firm.
3) Attorney Bausha created false accounting documents and entries to facilitate or conceal the improper transactions involving client funds.

4) As a result of Attorney Bausha’ improper transfer and use of client funds, the general client trust account of her former law firm was out of trust.

5) Because of a shortfall in the law firm’s trust account, Attorney Bausha was unable to disburse funds to a client’s spouse, as required by a court order.

6) Attorney Bausha failed to diligently and competently represent clients in a probate matter; misrepresented the status of the probate matter to her clients; prepared and filed pleading and other documents with the probate court without the knowledge or consent of her clients; and misrepresented the date, manner, and authenticity and authority of their execution.

7) Attorney Bausha misrepresented to the ADO and to successor counsel the extent to which she altered original documents and/or prepared new documents with false executions for filing in the probate matter.

In accordance with the parties’ Stipulation, the court deems the PCC’s allegations to have been admitted by Attorney Bausha. It concludes that Attorney Bausha’s conduct violated Supreme Court Rules 50 and 50-A, and New Hampshire Rules of Professional Conduct 1.1, 1.3, 1.4, 1.15 (a)-(f), 3.3, 3.4(b), 8.1, 8.4(a), and 8.4(c).

Having determined that Attorney Bausha violated Supreme Court Rules 50 and 50-A, and New Hampshire Rules of Professional Conduct 1.1, 1.3, 1.4, 1.15 (a)-(f), 3.3, 3.4(b), 8.1, 8.4(a), and 8.4(c), the court turns to the issue of the sanction to be imposed. In light of the nature, extent, and severity of Attorney Bausha’s misconduct, the court concludes that disbarment is the appropriate sanction in this case. Accordingly, the court grants the PCC’s petition for disbarment.

THEREFORE, the court orders that Catherine P. Bausha be disbarred from the practice of law in New Hampshire, effective immediately. She is hereby assessed all expenses incurred by the Professional Conduct Committee in the investigation and prosecution of this matter.

Dalianis, C.J., and Hicks, Conboy and Bassett, JJ., concurred.
DATE: July 11, 2013
ATTEST: Eileen Fox, Clerk

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