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Bar News - March 19, 2010


NH Supreme Court Orders

Pursuant to Supreme Court Rule 37, the Supreme Court designates Attorney James T. Boffetti to serve as chair of the Hearings Committee of the Attorney Discipline System, replacing Attorney Patrick Harrigan, who resigned from the committee due to other commitments.

The court extends the term of Attorney Robert Varney to serve on the Hearings Committee until March 31, 2010.

February 18, 2010
ATTEST: Eileen Fox, Clerk of Court
Supreme Court of New Hampshire


In accordance with Rule 53.8, the Supreme Court of New Hampshire hereby reappoints Superior Court Chief Justice Robert J. Lynn, Attorney Douglas R. Chamberlain, and Attorney James Q. Shirley to the Minimum Continuing Legal Education Board to serve three-year terms commencing on February 15, 2010, and expiring on February 14, 2013. The court designates Attorney Chamberlain to serve as chair of the board.

In accordance with Rule 53.8, the court appoints retired Supreme Court Justice Sherman D. Horton to the Minimum Continuing Legal Education Board, to serve a three-year term commencing on February 15, 2010, and expiring on February 14, 2013. Justice Horton is appointed to replace Supreme Court Justice James E. Duggan, whose term has expired. The court also appoints Attorney Russell F. Hilliard, the nominee of the New Hampshire Bar Association President, to the Minimum Continuing Legal Education Board, to serve a three-year term commencing on February 15, 2010, and expiring on February 14, 2013.

February 18, 2010
ATTEST: Eileen Fox, Clerk of Court
Supreme Court of New Hampshire


LD-2009-0011
In the Matter of Charles L. Lonardo

On December 8, 2009, the Attorney Discipline Office filed a certified copy of the October 16, 2009 order of the Massachusetts Supreme Judicial Court for Suffolk County, disbarring Attorney Charles L. Lonardo. The discipline was based upon Attorney Lonardoís conviction of conspiracy to commit automotive fraud by a superior court jury in Massachusetts.

In accordance with Supreme Court Rule 37(12)(b), this court ordered that a copy of the Massachusetts disciplinary order be served on Attorney Lonardo. It further ordered that Attorney Lonardo and the Professional Conduct Committee (PCC) inform the court if either contended that the imposition of identical or substantially similar discipline would be unwarranted. The PCC notified the court that it did not intend to file a response to the courtís order. Attorney Lonardo filed no response.

Rule 37(12)(d) provides for the imposition of reciprocal discipline by the court unless the respondent attorney or the PCC demonstrates, or the court finds, based on the face of the record from which the discipline is predicated, that: (1) the procedure followed by the jurisdiction imposing discipline was so lacking in notice or opportunity to be heard as to constitute a deprivation of due process; (2) the imposition of the same or substantially similar discipline by the court would result in grave injustice; or (3) the misconduct established warrants substantially different discipline in New Hampshire.

Having reviewed the order of the Massachusetts Supreme Judicial Court for Suffolk County, the court does not find that any of these conditions have been met. It appears from the material filed that Attorney Lonardo had an opportunity to be heard in the Massachusetts disciplinary proceedings. In light of the seriousness of Attorney Lonardoís misconduct, the court does not find that disbarment would result in grave injustice or that his misconduct would warrant substantially different discipline in New Hampshire.

Therefore, the court orders that Charles L. Lonardo be disbarred from the practice of law in New Hampshire. Attorney Lonardo is hereby assessed all expenses incurred by the Professional Conduct Committee in the investigation and prosecution of this matter. See Rule 37(19).

On or before March 22, 2010, the Attorney Discipline Office shall advise the court whether the appointment of an attorney is necessary to take possession of any client files or trust accounts.

Broderick, C.J., and Dalianis, Duggan, Hicks and Conboy, JJ., concurred.
DATE: February 18, 2010
ATTEST: Eileen Fox, Clerk


Pursuant to Supreme Court Rule 37(3), the Supreme Court appoints Attorney Julie A. Introcaso to the Professional Conduct Committee of the Attorney Discipline System, replacing Attorney Gretchen Rule Hamel, who has resigned from the committee due to other commitments. Attorney Introcaso shall serve the remainder of a term expiring on December 31, 2010.

March 4, 2010
ATTEST: Eileen Fox, Clerk of Court
Supreme Court of New Hampshire


Pursuant to Supreme Court Rule 37, the Supreme Court designates the Honorable Paul S. Moore to serve as vice-chair of the Hearings Committee of the Attorney Discipline System, replacing Attorney James T. Boffetti, who has been designated chair of the committee.

March 4, 2010
ATTEST: Eileen Fox, Clerk of Court
Supreme Court of New Hampshire


ADM-2009-0212
In the Matter of Francine E. Valcourt, Esq.

On February 8, 2010, Francine E. Valcourt was suspended from the practice of law in New Hampshire for failing to file her 2009 annual trust accounting certificate and failing to pay late fees assessed for late filing of her certificate. Attorney Valcourt has now filed her 2009 annual trust accounting certificate and paid the late fees assessed. Attorney Valcourt has filed a motion for reinstatement to the practice of law in New Hampshire.

Attorney Valcourtís motion for reinstatement is granted. Attorney Valcourt is reinstated to the practice of law in New Hampshire effective immediately.

Broderick, C. J., and Dalianis, Duggan, Hicks and Conboy, JJ., concurred.
DATE: March 5, 2010
ATTEST: Eileen Fox, Clerk


In accordance with Rule 58.2(A), the Supreme Court hereby reappoints Ms. Anne Latva Draper, Attorney David Wolowitz, and the Honorable Robert E.K. Morrill to the Lawyers Assistance Program (LAP) Commission to serve terms expiring on March 1, 2012.

The court also reappoints the Honorable John R. Maher, Attorney John E. Tobin, Jr.,a Ms. Nancy Euchner, and Attorney Heidi Barrett-Kitchen to the LAP Commission to serve terms expiring on March 1, 2013.

March 9, 2010
ATTEST: Eileen Fox, Clerk of Court
Supreme Court of New Hampshire

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