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Bar News - January 5, 2007

NH Supreme Court Orders



In re 2006 Annual Report of the Advisory Committee on Rules


Pending before the New Hampshire Supreme Court is a proposal to adopt Supreme Court Rule 57, which would establish the New Hampshire Lawyers’ Assistance Program.  The New Hampshire Bar Association has filed a proposal regarding how the Lawyers’ Assistance Program should be funded.  The proposal would reduce the current assessment imposed upon attorneys to fund the Public Protection Fund established by Supreme Court Rule 55, while imposing an assessment upon attorneys to fund the Lawyers’ Assistance Program.  Under this proposal, the total of the two assessments would not exceed the current assessment for the Public Protection Fund.


On or before January 29, 2007, members of the bench, bar, legislature, executive branch, or public may file with the clerk of the supreme court comments on this funding proposal.  Comments may be filed with the clerk of the supreme court; an original and seven copies of all comments shall be filed.  Comments may instead be e-mailed to the court at:


The Bar Associations’ funding proposal is described in Appendix A.  Proposed Supreme Court Rule 57 is set forth in Appendix B.  Copies of the appendices 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:


December 5, 2006

ATTEST:  Eileen Fox, Clerk       

Supreme Court of New Hampshire    




Edward J. Burke v. Bunny’s Superette, Inc. & a.


The court on December 14, 2006, issued the following order:


This appeal involves a transfer of real property and corporate shares from a revocable trust in which the grantor is also the sole trustee and the sole lifetime beneficiary.  One issue presented by the appeal is whether, in light of RSA 547:3, I (Supp. 2006), the superior court had subject matter jurisdiction to address whether the transfer could be set aside due to fraud, duress or undue influence.  The superior court concluded that it did not.


The court hereby invites any interested person or entity to file a brief or memorandum of law addressing the above issue as an amicus curiae.  Any amicus brief or memorandum of law shall be filed on or before February 19, 2007.  The parties may file responsive briefs or memoranda of law on or before March 21, 2007.


Copies of the following documents filed in this case are available for review at the Supreme Court and are also available on the judicial branch website at



(1)     Notice of mandatory appeal filed by Edward J. Burke;

(2)     Hillsborough County Superior Court – Northern District orders dated August 23, 2005, and September 26, 2005, issued in docket number 04-E-251.

(3)     Brief of Edward J. Burke

(4)     Joint brief of Thomas M. Burke, Marie I. Burke and Bernardine P. Donelson

(5)     Appendix to joint brief of Thomas M. Burke, Marie I. Burke and Bernadine P. Donelson.



This order shall be published in the New Hampshire Bar News, and a copy shall be provided to the New Hampshire Bar Association and to the Elder Law, Estate Planning and Probate Law Section of the New Hampshire Bar Association.


This order is entered by a single justice (Dalianis, J.).  See Rule 21(7).


Eileen Fox, Clerk



Pursuant to RSA 71-B2, the Supreme Court of New Hampshire hereby reappoints Douglas S. Ricard to the Board of Tax and Lands Appeals for a five-year term  beginning on January 1, 2007, and ending on Dec. 31,2001


December 19, 2006

Eileeen Fox

Supreme Court of New Hampshire



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