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Bar News - December 19, 2008


NH Supreme Court Orders

Pursuant to Part II, Article 73-a of the New Hampshire Constitution and Supreme Court Rule 51, the Supreme Court of New Hampshire adopts the following amendments to court rules.

I. PRO BONO SERVICES – TEMPORARY SERVICE FOLLOWING MAJOR DISASTER

The following new rule allows temporary practice on a pro bono basis in New Hampshire by lawyers licensed in other jurisdictions following declaration of a major disaster.

1. Supreme Court Rule 60 re provision of legal services following determination of major disaster. The court adopts this new rule as set forth in Appendix A.

2. Professional Conduct Rule 5.5, ABA Model Code Comment [14] and Ethics Committee Comment. The court hereby gives notice that the ABA Model Code Comment [14] is amended and a new Ethics Committee Comment isadded, all as set forth in Appendix B.

II. MEDIA ACCESS AND PROTECTIVE ORDERS

The following rule amendments address media access to proceedings before the Supreme Court, the Judicial Conduct Committee and the Attorney Discipline System. In addition, they address the review of protective orders issued by the Judicial Conduct Committee and the Attorney Discipline System.

1. Supreme Court Rule 19 re media access. The court amends this rule as set forth in Appendix C.

2. Supreme Court Rule 37(20)(f) re protective orders. The court amends this rule as set forth in Appendix D.

3. Supreme Court Rule 37(21)(c) re protective orders. The court amends this rule as set forth in Appendix E.

4. Supreme Court Rule 37A(III)(c)(9) re media access. The court amends this rule as set forth in Appendix F.

5. Supreme Court Rule 37A(IV) re protective orders. The court amends this rule, and adopts it on a permanent basis, as set forth in Appendix G.

6. Supreme Court Rule 40(3)(f) re protective orders. The court amends this rule as set forth in Appendix H.

7. Supreme Court Rule 40(11)(j) re media access. The court amends this rule as set forth in Appendix I.

III. SYSTEM-WIDE GUARDIAN AD LITEM RULES

The following amendments repeal the current system-wide guardian ad litem guidelines and related Superior Court Rule 212, and replace them with new rules. The interested reader may wish to review RSA chapter 490-C, which establishes the Guardian ad Litem Board, as well as the administrative rules promulgated by the Guardian ad Litem Board (New Hampshire Administrative Rules, GAL 100 through 500).

1. System-Wide Guardian ad Litem Guidelines. The court repeals the current System-Wide Guardian ad Litem Guidelines, and adopts new System-Wide Guardian ad Litem Application, Certification and Practice Rules as set forth in Appendix J.

2. Superior Court Rule 212, re certification of court-appointed guardians ad litem. The court repeals this rule as set forth in Appendix K.

IV. DISCIPLINARY PROCEDURES AND RULES COMMITTEE MEMBERSHIP

The following rule amendments address the process for reinstatement of attorneys suspended for six months or less, clarify the authority of the Judicial Conduct Committee to order disciplined judges to pay the Committee’s expenses, delete reference to an outdated mailing address for the Judicial Conduct Committee, and expand the membership of the Advisory Committee on Rules to include a judge or master from the Family Division.

1. Supreme Court Rule 37A(II)(d)(2)(D) re reinstatement of attorneys suspended for six months or less. The court amends this rule as set forth in Appendix L.

2. Supreme Court Rule 40(4)(b) re address of judicial conduct committee.

The court amends this rule as set forth in Appendix M.

3. Supreme Court Rule 40(13-A) re judicial conduct committee procedures. The court amends this rule as set forth in Appendix N.

4. Supreme Court Rule 51B re rules advisory committee membership.

The court amends this rule as set forth in Appendix O.

V. USE OF VIDEO TAPE DEPOSITIONS IN SUPERIOR COURT

The following rule amendment requires a party intending to use a video tape deposition at trial to provide the superior court before trial with a transcript of the entire deposition unless the superior court orders otherwise.

1. Superior Court Rule 45-A re use of video tape depositions. The court amends this rule as set forth in Appendix P.

VI. APPEALS FROM ADMINISTRATIVE AGENCIES – THE RECORD ON APPEAL

The following rule amendment clarifies that the appealing party has the initial burden of paying for transcripts in administrative appeals, and explains the potential consequences of not providing a transcript. It further repeals the current provision that states that the entire record of the administrative agency, even if it is not filed with the supreme court, is part of the record on appeal.

1. Supreme Court Rule 10 re appeals from administrative agencies. The court amends this rule as set forth in Appendix Q.

VII. FAMILY DIVISION RULES

The following amendments to the Family Division Rules are being adopted on a temporary basis. These amendments are currently being considered by the Advisory Committee on Rules for its recommendation as to whether they should be adopted on a permanent basis. They will be considered at the Advisory Rules Committee’s December 10, 2008 public hearing; written comments on the Family Division Rules may be filed with the Advisory Rules Committee prior to or at the public hearing.

1. Family Division Rule 1.20 re withdrawal and new representation. The court amends this rule on a temporary basis as set forth in Appendix R.

2. Family Division Rule 1.22 re testimony of attorney or witness. The court amends this rule on a temporary basis as set forth in Appendix S.

3. Family Division Rule 1.24 re pleading requirements. The court amends this rule on a temporary basis as set forth in Appendix T.

4. Family Division Rule 1.25 re discovery. The court amends this rule on a temporary basis as set forth in Appendix U.

5. Family Division Rule 1.26 re motions. The court amends this rule on a temporary basis as set forth in Appendix V.

6. Family Division Rule 2.10 re child impact seminar. The court amends this rule on a temporary basis as set forth in Appendix W.

7. Family Division Rule 2.11 re first appearance. The court amends this rule on a temporary basis as set forth in Appendix X.

8. Family Division Rule 2.28 re qualified domestic relations orders. The court amends this rule on a temporary basis as set forth in Appendix Y.

9. Family Division Rules 2.29, 2.30, and 2.31 re effective dates, modification of final decree, and enforcement of court order. The court amends current Family Division Rules 2.28, 2.29 and 2.30 by renumbering them as Rules 2.29, 2.30, and 2.31, on a temporary basis, as set forth in Appendix Z.

10. Family Division Rules Index. The court amends the Index to the Family Division Rules as set forth in Appendix AA.

VIII. TECHNICAL AMENDMENTS

The following technical rule amendments are hereby adopted.

1. Supreme Court Rule 15(2) re transcript costs. The court amends this rule as set forth in Appendix BB.

2. Evidence Rule 804(b)(6) re hearsay. The court amends this rule as set forth in Appendix CC.

IX. TEMPORARY RULES CURRENTLY IN EFFECT

The following rules, which have been in effect as temporary rules, are hereby adopted on a permanent basis without any substantive changes.

1. Supreme Court Rule 3 re definition of "mandatory appeal." The court adopts the temporary amendments to this rule on a permanent basis, as set forth in Appendix DD.

2. Supreme Court Rule 37(1)(e) re privileges. The court adopts the temporary amendments to this rule on a permanent basis as set forth in Appendix EE.

3. Supreme Court Rules 37(2)(c), 37(2)(f), and 37(2)(k) re definitions.

The court adopts the temporary amendments to these rules on a permanent basis as set forth in Appendix FF.

4. Supreme Court Rule 37(5)(b) re complaint screening committee. The court adopts the temporary amendments to this rule on a permanent basis as set forth in Appendix GG.

5. Supreme Court Rule 37(6)(c) re general counsel. The court adopts the temporary amendments to this rule on a permanent basis as set forth in Appendix HH.

6. Supreme Court Rules 37(20)(b)(1), 37(20)(j), 37(20)(k), and 37(20(l) re attorney discipline office. The court adopts the temporary amendments to these rules on a permanent basis as set forth in Appendix II.

7. Supreme Court Rule 37A(I)(c) re definitions. The court adopts the temporary amendments to this rule on a permanent basis as set forth in Appendix JJ.

8. Supreme Court Rules 37A(I)(e)(2) and 37A(I)(e)(3) re attorney discipline office. The court adopts the temporary amendments to these rules on a permanent basis as set forth in Appendix KK.

9. Supreme Court Rule 37A(I)(g)(3) to 37A(I)(g)(8) re discretionary diversion. The court adopts the temporary amendments to these rules on a permanent basis as set forth in Appendix LL.

10. Supreme Court Rule 37A(II)(a)(3) re procedure after receipt of grievance. The court adopts the temporary amendments to this rule on a permanent basis, with a further clarifying amendment, as set forth in Appendix MM.

11. Supreme Court Rules 37A(II)(a)(6) and 37A(II)(a)(7) re investigation and action by general counsel or complaint screening committee. The court adopts the temporary amendments to these rules on a permanent basis as set forth in Appendix NN.

12. Supreme Court Rule 37A(II)(b)(1)(B)(iii) re warnings. The court adopts the temporary amendments to this rule on a permanent basis as set forth in Appendix OO.

13. Supreme Court Rule 37A(III)(b)(1) re attorney discipline office. The court adopts the temporary amendments to this rule on a permanent basis as set forth in Appendix PP.

14. Supreme Court Rule 37A(VI) re request for reconsideration. The court adopts the temporary amendments to this rule on a permanent basis as set forth in Appendix QQ.

15. Supreme Court Rule 40(5) re judicial conduct committee procedures.

The court adopts the temporary amendments to this rule on a permanent basis, with a further clarifying amendment, as set forth in Appendix RR.

16. Supreme Court Rule 42(4) re qualifications for admission to the bar.

The court adopts the temporary amendments to this rule on a permanent basis, as set forth in Appendix SS.

17. Supreme Court Rule 42(5)(h) and (j) re committee on character and fitness. The court adopts the temporary amendments to this rule on a permanent basis, as set forth in Appendix TT.

18. Supreme Court Rule 42(13) re admission of Daniel Webster Scholars to the bar. The court adopts the temporary amendments to this rule on a permanent basis, as set forth in Appendix UU.

19. Supreme Court Rule 49(I)(E)(3), Rule 49(I)(H), and Rule 49(I)(I) re fees. The court adopts the temporary amendments to this rule on a permanent basis, as set forth in Appendix VV.

20. Superior Court Rule 62(I) re initial structuring conferences. The court adopts the temporary amendments to this rule on a permanent basis, with a further clarifying amendment, as set forth in Appendix WW.

21. Superior Court Rule 170-A re arbitration. The court adopts the temporary amendments to this rule on a permanent basis, with further clarifying amendments, as set forth in Appendix XX.

22. Superior Court Rule 170-B re judge-conducted mediation. The court adopts the temporary amendments to this rule on a permanent basis, as set forth in Appendix YY.

Effective Dates

These amendments shall take effect on January 1, 2009.
Date: November 14, 2008
ATTEST: Eileen Fox, Clerk
Supreme Court of New Hampshire

u

Pursuant to Supreme Court Rule 37(5), the Supreme Court reappoints Marthe D. Dyner, Ronna F. Wise, and Stephen A. Bartlett, to the Complaint Screening Committee of the Attorney Discipline System, to serve three-year terms commencing January 1, 2009 and expiring December 31, 2011.

Marthe D. Dyner is designated to serve as vice-chair of the committee.

November 19, 2008
ATTEST: Eileen Fox, Clerk
Supreme Court of New Hampshire

u

Pursuant to Supreme Court Rule 37(3), the Supreme Court appoints Susan Chollet, of Peterborough, to the Professional Conduct Committee of the Attorney Discipline System. Ms. Chollet is appointed to fill the remainder of the term of David Page, who has resigned from the committee and whose term expires on December 31, 2008. The court also appoints Ms. Chollet to serve a three-year term commencing on January 1, 2009, and expiring on December 31, 2011.

November 21, 2008
ATTEST: Eileen Fox, Clerk
Supreme Court of New Hampshire

u

In accordance with Supreme Court Rule 37(3)(d), the court appoints Marilyn B. McNamara, Vice President of the New Hampshire Bar Association, to serve as the Board of Governors’ Representative on the Committee on Professional Conduct, for a term commencing August 1, 2008, and expiring on August 1, 2009.

November 21, 2008
ATTEST: Eileen Fox, Clerk
Supreme Court of New Hampshire

Supreme Court Rule 42(9) requires all NH admitted attorneys to notify the Bar Association of any address change, home or office.

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