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Bar News - April 18, 2008


NH Supreme Court Advisory Committee on Rules Public Hearing Notice

Editorís Note: This public hearing notice announces that the Rules Committee is accepting comment on a series of rules, several of which are already in place on a temporary basis.

The Rules regarding Guardians ad Litem and regarding Alternative Dispute Resolution, proposed for adoption as permanent rules, are unchanged from the temporary rules.

Rules regarding protective orders and media access to committee proceedings generally impose the presumption of public access to proceedings.

The Rule regarding legal services provided in a major disaster follows the ABA Model Rule that makes it easier for lawyers from another jurisdiction to assist as volunteers in providing legal services.

The New Hampshire Supreme Court Advisory Committee on Rules will hold a PUBLIC HEARING at 1:00 p.m. on Wednesday, June 11, 2008, at the Supreme Court Building on Charles Doe Drive in Concord, to receive the views of any member of the public, the bench, or the bar on court rules changes which the Committee is considering for possible recommendation to the Supreme Court.

Comments on any of the court rules proposals which the Committee is considering for possible recommendation to the Supreme Court may be submitted in writing to the secretary of the Committee at any time on or before June 10, 2008, or may be submitted at the hearing on June 11, 2008. Comments may be e-mailed to the Committee on or before June 10, 2008, at rulescomment@courts.state.nh.us.

Comments may also be mailed or delivered to the Committee at the following address:

N.H. Supreme Court
Advisory Committee on Rules
1 Charles Doe Drive
Concord, NH 03301

Any suggestions for rules changes other than those set forth below may be submitted in writing to the secretary of the Committee for consideration by the Committee in the future.

Copies of the specific changes being considered by the Committee are available on request to the secretary of the Committee at the N.H. Supreme Court Building, 1 Charles Doe Drive, Concord, New Hampshire 03301 (Tel. 271-2646). In addition, the changes being considered are available on the Internet at: http://www.courts.state.nh.us/committees/adviscommrules/index.htm.

The changes being considered concern the following rules:

I. System-Wide Guardian ad Litem Guidelines and Related Rule

1. Repeal the System-Wide Guardian Ad Litem Application, Certification and Practice guidelines, which took effect on December 15, 1994, and replace them with the rules set forth in Appendix A.

2. Repeal Superior Court Rule 212, regarding the certification of court-appointed guardians ad litem, as set forth in Appendix B.

II. Alternative Dispute Resolution Procedures and Related Rules

1. Adopt on a permanent basis Superior Court Rule 62(I), regarding initial structuring conferences, which was amended on a temporary basis by Supreme Court order dated November 16, 2007, as set forth in Appendix C.

2. Adopt on a permanent basis Superior Court Rule 170, regarding alternative dispute resolution, which was amended on a temporary basis by Supreme Court orders dated November 16, 2007, and February 20, 2008, as set forth in Appendix D.

3. Adopt on a permanent basis Superior Court Rule 170-A, regarding arbitration, which was amended on a temporary basis by Supreme Court order dated January 15, 2008, as set forth in Appendix E.

4. Adopt on a permanent basis Superior Court Rule 170-B, regarding judge-conducted mediation, which was amended on a temporary basis by Supreme Court order dated December 21, 2007, as set forth in Appendix F.

III. Attorney Discipline Office & Judicial Conduct Committee Rules

A. Protective Orders

1. Amend Supreme Court Rule 37(20)(f), regarding protective orders, as set forth in Appendix G.

2. Amend Supreme Court Rule 37(21)(c), regarding protective orders, as set forth in Appendix H.

3. Amend Supreme Court Rule 37A(IV)(a)(2)(E), regarding protective orders, as set forth in Appendix I.

4. Amend Supreme Court Rule 40(3)(f), regarding protective orders, as set forth in Appendix J.

B. Media Access to Committee Proceedings

1. Amend Supreme Court Rule 37A(III)(c)(9), regarding media access, as set forth in Appendix K.

2. Amend Supreme Court Rule 40(11)(j), regarding media access, as set forth in Appendix L.

C. Reinstatement of Attorneys Suspended for Six Months or Less

1. Adopt Supreme Court Rule 37A(II)(d)(2)(D), regarding reinstatement of attorneys suspended for six months or less, as set forth in Appendix M.

D. Judicial Conduct Committee Review of Grievances

1. Amend Supreme Court Rule 40(5), regarding judicial conduct committee procedures, which was amended on a temporary basis by Supreme Court order dated January 15, 2008, and adopt said rule as amended on a permanent basis as set forth in Appendix N.

IV. Superior Court Rule -- Use of Video Tape Depositions

1. Amend Superior Court Rule 45-A, regarding use of video tape depositions, as set forth in Appendix O.

V. Rules Governing Provision of Legal Services Following Determination of Major Disaster

1. Adopt new Supreme Court Rule 59, regarding provision of legal services following determination of major disaster, as set forth in Appendix P.

2. Amend 2004 ABA Model Rule Comment [14] to Rule of Professional Conduct 5.5 as set forth in Appendix Q.

VI. Miscellaneous Supreme Court Rules

1. Amend Supreme Court Rule 10, regarding appeals from administrative agencies, as set forth in Appendix R.

2. Amend Supreme Court Rule 19, regarding media access, as set forth in Appendix S.

3. Amend Supreme Court Rule 51B, regarding the Rules Advisory Committee, as set forth in Appendix T.

New Hampshire Supreme Court Advisory Committee on Rules

By: Linda S. Dalianis, Chairperson
and David S. Peck, Secretary
March 31, 2008

NHLAP: A confidential Independent Resource

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