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Bar News - December 18, 2009


NH Supreme Court Orders

LD-2009-0008
In the Matter of Paula L. Philbrook

On October 7, 2009, the Attorney Discipline Office filed a petition for immediate suspension of Attorney Paula L. Philbrook from the practice of law and for other relief. In the petition, the Attorney Discipline Office alleges that Attorney Philbrook has agreed to plead guilty to a criminal information charging her with Wire Fraud, in violation of Title 18, United States Code, Section 1343. It contends that the charge for which Attorney Philbrook has acknowledged guilt is of such a serious nature that her immediate suspension from the practice of law is necessary to protect the public and to maintain the integrity of the profession.

Based on the information provided with the petition, the court finds that Attorney Philbrook’s immediate suspension from the practice of law is necessary to protect the public and to preserve the integrity of the legal profession. See Rule 37(16)(f). Accordingly, it is hereby ordered that:
(1) Paula L. Philbrook is immediately suspended from the practice of law in New Hampshire until further order of this court;

(2) Copies of this order and of the petition shall be served on Attorney Philbrook by first class mail and certified mail, return receipt requested; and

(3) Attorney Philbrook may show cause on or before ten days from the date of service why the suspension should be lifted and why the other relief requested in the petition should not be granted.

Pursuant to Supreme Court Rule 37(17), Attorney Catherine E. Shanelaris is appointed to take immediate possession of the client files and trust and other fiduciary accounts of Attorney Philbrook, to make an inventory of such files and accounts, and to take such action as is necessary to protect the interests of Attorney Philbrook’s clients. Attorney Shanelaris is ordered to take the following actions:
a. notify all employees of Attorney Philbrook of her appointment by the court and of Attorney Philbrook’s suspension from the practice of law;

b. notify all banks and other entities where any trust or fiduciary accounts and operating accounts of Attorney Philbrook are held of her appointment and of Attorney Philbrook’s suspension;

c. review any client files that Attorney Philbrook maintained, and take such actions as she deems necessary to protect the interests of the clients;

d. notify Attorney Philbrook’s clients by certified mail, return receipt requested, of her suspension, informing them of any action which appears to be required in the immediate future in order to preserve their legal rights and advising them that they should obtain the services of other lawyers of their choice; and e. make an inventory of Attorney Philbrook’s client files and trust and other fiduciary accounts, and file a copy of the inventory with the court on or before December 8, 2009, together with a report of her actions taken under this order and a recommendation as to what further actions should be taken to protect the interests of Attorney Philbrook’s clients.

The Committee on Professional Conduct shall pay the fees of Attorney Shanelaris, in the first instance, to be reimbursed by Attorney Philbrook unless otherwise ordered by the court.

Broderick, C.J., and Dalianis, Duggan, Hicks and Conboy, JJ., concurred.
DATE: October 9, 2009
ATTEST: Eileen Fox, Clerk



In accordance with the authority granted in RSA 490-D:5, the Supreme Court orders that the judicial branch family division shall be operational in Manchester effective November 12, 2009. The district courthouse in Manchester will become the family division site for Manchester. The geographic jurisdiction of the family division in Manchester shall be as set forth in RSA 490-D:4, XVI(a). Until additional family division sites are made operational by further order of this Court, the geographic jurisdiction of the Manchester Family Division shall also include matters which are or would be filed in the Hillsborough County Superior Court, Northern District, for the towns of Amherst, Bedford, Greenfield, Lyndeborough, Hancock, Mt. Vernon and Peterborough.

November 9, 2009
ATTEST: Eileen Fox, Clerk
Supreme Court of New Hampshire


In accordance with RSA 490-D:6, the supreme court designates the Honorable Norman E. Champagne to serve as a family division judge. This designation shall take effect immediately.

November 13, 2009
ATTEST: Eileen Fox, Clerk
New Hampshire Supreme Court



The Supreme Court of New Hampshire hereby reappoints John R. Harrington, of Concord, J. Campbell Harvey, of Manchester, Hugh T. Lee, of Dover, and Willard G. Martin, Jr., of Laconia, to serve as members of the board of bar examiners for three-year terms commencing on November 1, 2009 and expiring on November 1, 2012.

The court also appoints Jill Desrochers, of Bow, to the board of bar examiners, for a three-year term commencing on November 1, 2009 and expiring on November 1, 2012. Attorney Desrochers is appointed to replace Carolyn Koegler, whose term has expired.

November 17, 2009



ADM-2009-0037,
In the Matter of Stephen C. Jordan

On June 2, 2009, this court issued an order, in accordance with Rule 53.7(A)(3), suspending Stephen C. Jordan 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 Stephen C. Jordan 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 Stephen C. Jordan be reinstated to the practice of law.

The motion to reinstate Stephen C. Jordan to the practice of law is granted. Stephen C. Jordan is hereby reinstated to the practice of law in New Hampshire.

Broderick, C. J., and Dalianis, Duggan, Hicks, and Conboy, JJ., concurred.
ISSUED: November 17, 2009
ATTEST: Eileen Fox, Clerk



LD-2009-0003
In the Matter of Daniel P. Hynes

The court on November 19, 2009, issued the following order:

The Professional Conduct Committee has certified that Attorney Hynes has met the conditions of the stipulation necessary for reinstatement, as required by the court’s order of November 6, 2009. Accordingly, Daniel P. Hynes is reinstated to the practice of law in New Hampshire, effective immediately.

Broderick, C.J., and Dalianis, Duggan, Hicks and Conboy, JJ., concurred.
Eileen Fox, Clerk



In accordance with RSA 490-D:6, the supreme court designates the Honorable Edward B. Tenney to serve as a family division judge. This designation shall take effect immediately.

November 24, 2009
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 new court rule.

Superior Court Business and Commercial Dispute Docket

(As authorized by RSA 491:7-a, this rule establishes a business and commercial dispute docket in the Merrimack County Superior Court.)
1. Adopt new Superior Court Rule 214, regarding business and commercial dispute docket, on a temporary basis, as set forth in Appendix A.
Effective Date

The rule in Appendix A shall take effect December 1, 2009. It shall be referred to the Advisory Committee on Rules for its recommendation as to whether the rule should be adopted on a permanent basis.

Date: November 25, 2009
ATTEST: Eileen Fox, Clerk of Court
Supreme Court of New Hampshire



Pursuant to Supreme Court Rule 37(5), the Supreme Court reappoints Martha Van Oot, David M. Rothstein, and Jules J. Brayman, to the Complaint Screening Committee of the Attorney Discipline System, to serve three-year terms commencing January 1, 2010 and expiring December 31, 2012.

Martha Van Oot is designated to serve as chair of the committee.

December 4, 2009
ATTEST: Eileen Fox, Clerk of Court
Supreme Court of New Hampshire



ADM-2009-0083,
In the Matter of Polly Jane Bone

On August 11, 2009, Attorney Polly Jane Bone was suspended from the practice of law in New Hampshire by this court after having been suspended by the New Hampshire Bar Association for more than six months for failing to pay her 2008/2009 bar dues. The court has been advised by the New Hampshire Bar Association that Attorney Bone has now paid all outstanding bar dues and fees.

Attorney Bone has filed a petition for reinstatement to the practice of law in New Hampshire. Attorney Bone’s petition for reinstatement is granted. Attorney Bone is reinstated to the practice of law in New Hampshire effective immediately.

Broderick, C. J., and Dalianis, Duggan, Hicks and Conboy, JJ., concurred.

DATE: December 1, 2009
ATTEST: Eileen Fox, Clerk

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