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Bar News - July 17, 2009


NH Supreme Court Orders

Superior Court Chief Justice Robert J. Lynn has requested that Supreme Court Associate Justices Linda S. Dalianis, James E. Duggan, and Gary E. Hicks be assigned to sit in superior court between July 1, 2009 and December 31, 2009, when requested to do so by Chief Justice Lynn and subject to their duties to the Supreme Court. In accordance with RSA 491:3, Chief Justice John T. Broderick, Jr., assigns Associate Justices Linda S. Dalianis, James E. Duggan and Gary E. Hicks to preside and serve in the superior court during this period when requested by Chief Justice Lynn to the extent that their service is not inconsistent with the proper advancement of the business of the Supreme Court.

June 16, 2009
ATTEST: Eileen Fox, Clerk
Supreme Court of New Hampshire


In accordance with Rule 39(2)(a)(1), the Supreme Court reappoints District Court Judge John A. Korbey and Probate Court Judge Gary A. Cassavechia to the Committee on Judicial Conduct, to serve three-year terms commencing on July 1, 2009, and expiring on July 1, 2012.

In accordance with Rule 39(2)(a)(1), the Supreme Court reappoints retired Superior Court Judge George Manias, retired District Court Judge Michael F. Sullivan, Probate Court Judge Christina M. O’Neill, Hampton District Court Clerk John R. Clark, and public member Larry Gilpin, as alternate members of the Committee on Judicial Conduct, to serve three-year terms commencing on July 1, 2009, and expiring on July 1, 2012.

June 16, 2009
ATTEST: Eileen Fox, Clerk
Supreme Court of New Hampshire


ADM-2009-0058
In the Matter of Nathan A. Jones, Esq.

On May 5, 2009, this court issued an order requiring Nathan A. Jones to file his certificate of compliance with the minimum continuing legal education requirements for the reporting year ending June 30, 2008, and to pay the late fees assessed, or be suspended from the practice of law in New Hampshire.

Nathan A. Jones has neither responded to the show cause order, nor brought himself into compliance with Supreme Court Rule 53.7(A)(3).

Nathan A. Jones is hereby suspended from the practice of law in New Hampshire.

Nathan A. Jones is ordered to notify his clients in writing that he has been suspended from the practice of law in New Hampshire and to notify the court by Thursday, July 9, 2009, that he has completed this task. On or before Monday, July 20, the Attorney Discipline Office shall advise the court if it believes that an attorney should be appointed to make an inventory of Nathan A. Jones’s files and to take action to protect the interests of Nathan A. Jones’s clients. The court hereby requires that Nathan A. Jones’s trust accounts and other financial records be audited at his expense.

Broderick, C.J., and Dalianis, Duggan, and Hicks, JJ., concurred.
ISSUED: June 19, 2009
ATTEST: Eileen Fox, Clerk


ADM-2009-0061
In the Matter of Robert O. Newton, Esq.

On May 8, 2009, this court issued an order requiring Robert O. Newton to file his certificate of compliance with the minimum continuing legal education requirements for the reporting year ending June 30, 2008, and to pay the late fees assessed, or be suspended from the practice of law in New Hampshire.

Robert O. Newton has neither responded to the show cause order, nor brought himself into compliance with Supreme Court Rule 53.7(A)(3).

Robert O. Newton is hereby suspended from the practice of law in New Hampshire.

Robert O. Newton is ordered to notify his clients in writing that he has been suspended from the practice of law in New Hampshire and to notify the court by Thursday, July 9, 2009, that he has completed this task. On or before Monday, July 20, 2009, the Attorney Discipline Office shall advise the court if it believes that an attorney should be appointed to make an inventory of Robert O. Newton’s files and to take action to protect the interests of Robert O. Newton’s clients. The court hereby requires that Robert O. Newton’s trust accounts and other financial records be audited at his expense.

Broderick, C.J., and Dalianis, Duggan, and Hicks, JJ., concurred.
ISSUED: June 19, 2009
ATTEST: Eileen Fox, Clerk


In accordance with RSA 547:38, Probate Court Judge James R. Patten was certified as eligible to sit in the district court. Chief Justice Broderick assigns Judge Patten to hear cases in Southern Carroll County District Court, as directed by District Court Administrative Judge Edwin W. Kelly until December 31, 2009.

DATE: June 22, 2009
ATTEST: Eileen Fox, Clerk
New Hampshire Supreme Court


ADM-2009-0043
In the Matter of Sean M. Fitzgerald

On June 2, 2009, this court issued an order, in accordance with Rule 53.7(A)(3), suspending Sean M. Fitzgerald from the practice of law in New Hampshire for failing to file his certificate of compliance with the minimum legal education requirements for the reporting year ending June 30, 2008, and for failing to pay $450 in delinquency fees.

The Minimum Continuing Legal Education Board has advised the court that Sean M. Fitzgerald has now complied with the minimum continuing legal education requirements for the reporting year ending June 30, 2008, and that he has paid the delinquency fees assessed. It has filed a motion requesting that Mr. Fitzgerald be reinstated to the practice of law.

The motion to reinstate Sean M. Fitzgerald to the practice of law is granted. Sean M. Fitzgerald is hereby reinstated to the practice of law in New Hampshire.

Broderick, C.J., and Dalianis, Duggan and Hicks, JJ., concurred.
ISSUED: June 29, 2009
ATTEST: Eileen Fox, Clerk


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.

Court Fees

(These amendments implement changes to court fees that are being adopted to implement general fund revenue estimates submitted by the judicial branch to the legislature which have been incorporated in budget legislation for the biennium that begins July 1, 2009.)

1. Amend Supreme Court Rule 49, regarding fees, as set forth in Appendix A.

2A. Amend Superior Court Rule 169, regarding fees, effective July 1, 2009, as set forth in Appendix B.

2B. Further amend Superior Court Rule 169, regarding research record fees, effective August 1, 2009, as set forth in Appendix C.

3A. Amend District Court Rule 3.3, regarding fees, effective July 1, 2009, as set forth in Appendix D.

3B. Further amend District Court Rule 3.3, regarding research record fees, effective August 1, 2009, as set forth in Appendix E.

4A. Amend Probate Court Rule 169, regarding fees, effective July 1, 2009, as set forth in Appendix F.

4B. Further amend Probate Court Rule 169, regarding research record fees, effective August 1, 2009, as set forth in Appendix G.

5. Amend Superior Court Rule 104(B), regarding fines, as set forth in Appendix H.

6. Amend District Court Rule 2.7, regarding fines, as set forth in Appendix I.

Effective Dates

The amendments in Appendices A, B, D, F, H and I shall take effect July 1, 2009. The amendments in Appendices C, E and G shall take effect on August 1, 2009.

Date: June 30, 2009
ATTEST: Eileen Fox, Clerk of Court
Supreme Court of New Hampshire


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