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Bar News - February 18, 2011


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. CODE OF JUDICIAL CONDUCT

1. Repeal Supreme Court Rule 38, Code of Judicial Conduct, and adopt in its place new Supreme Court Rule 38 as set forth in Appendix A.

II. MEDICAL MALPRACTICE SCREENING PANEL RULES

1. Adopt new Superior Court Medical Malpractice Screening Panel Rules 1 to 13 as set forth in Appendix B.

III. WITHDRAWAL OF COUNSEL IN CRIMINAL CASES

1. Amend Superior Court Rule 14, regarding withdrawal of counsel in criminal cases, as set forth in Appendix C.

2. Amend District Court Rule 1.3 I(3), regarding withdrawal of court-appointed counsel in criminal cases, as set forth in Appendix D.

3. Amend District Court Rule 1.3 I(4), regarding withdrawal of court-appointed counsel in delinquency and children in need of services cases, as set forth in Appendix E.

4. Adopt new Family Division Rule 3.11, regarding withdrawal of court-appointed counsel, as set forth in Appendix F.

IV. NOTICE OF DEPOSITIONS

1. Amend Superior Court Rule 40, regarding notice of the taking of depositions, as set forth in Appendix G.

2. Amend District Court Rule 1.9 D, regarding notice of the taking of depositions, as set forth in Appendix H.

3. Amend Probate Court Rule 40, regarding notice of the taking of depositions, as set forth in Appendix I.

4. Amend Family Division Rule 1.25 G, regarding notice of the taking of depositions, as set forth in Appendix J.

V. FAMILY DIVISION MANDATORY DISCOVERY RULE

1. Adopt new Family Division Rule 1.25-A, regarding mandatory initial self-disclosure, as set forth in Appendix K.

VI. PLEAS BY MAIL IN DISTRICT COURT

1. Amend District Court Rule 2.5A, regarding pleas by mail, as set forth in Appendix L.

VII. DISTRICT COURT Ė TOWN ORDINANCE VIOLATION RULES

1. Adopt new District Court Rules 6.1 to 6.7, regarding local ordinance citations, on a temporary basis, as set forth in Appendix M.

VIII. CUSTODY OF MATERIALS FILED IN CAMERA

1. Adopt new Supreme Court Rule 57-A, regarding custody and return of materials filed in camera in trial courts, as set forth in Appendix N.

IX. DUPLICATION OF AUDIO TAPES

1. Adopt new Superior Court Rule 78-B, regarding duplication of audio tapes, and reserve Superior Court Rule 78-A for future use, as set forth in Appendix O.

2. Amend Probate Court Rule 78-B, regarding duplication of audio tapes, as set forth in Appendix P.

X. FOREIGN LEGAL CONSULTANT RULES

1. Adopt new Supreme Court Rule 42D, regarding licensing and practice of foreign legal consultants, as set forth in Appendix Q.

2. Amend Supreme Court Rule 42A, regarding non-payment of bar dues, as set forth in Appendix R.

3. Amend Supreme Court Rule 50-A, regarding certification requirement, as set forth in Appendix S.

4. Amend Supreme Court Rule 55(1), regarding public protection fund, as set forth in Appendix T.

XI. RECUSAL RULES

1. Amend Supreme Court Rule 21A, regarding motions for recusal, as set forth in Appendix U.

2. Amend Superior Court Rule 50A, regarding motions for recusal, as set forth in Appendix V.

3. Amend District Court Rule 1.8-A(H), regarding motions for recusal, as set forth in Appendix W.

4. Amend Probate Court Rule 50-A, regarding motions for recusal, as set forth in Appendix X.

5. Amend Family Division Rule 1.10, regarding motions for recusal, as set forth in Appendix Y.

XII. SMALL CLAIMS RULES

1. Amend District Court Rule 4.2, regarding the amount of the claim in a small claims action, as set forth in Appendix Z.

2. Amend District Court Rule 4.8, regarding notice of small claims, and adopt said rule as amended on a permanent basis, as set forth in Appendix AA.

3. Repeal District Court Rule 4.22, regarding the small claims form, as set forth in Appendix BB.

XIII. TEMPORARY RULES CURRENTLY IN EFFECT

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

1. Adopt Supreme Court Rule 12-A, regarding appellate mediation, on a permanent basis, as set forth in Appendix CC.

2. Adopt Superior Court Rule 170-A(G), regarding arbitration, on a permanent basis, as set forth in Appendix DD.

3. Adopt District Court Rule 3.3, regarding court fees, on a permanent basis, as set forth in Appendix EE.

4. Adopt District Court Rule 3.28, regarding district court civil writ mediation, on a permanent basis, as set forth in Appendix FF.

5. Adopt District Court Rule 4.8-A, regarding prejudgment attachment procedures in small claims, on a permanent basis, as set forth in Appendix GG.

6. Adopt District Court Rule 4.8-B, regarding post-judgment attachment procedures in small claims, on a permanent basis, as set forth in Appendix HH.

7. Adopt District Court Rule 4.8-C, regarding discharge of attachments in small claims, on a permanent basis, as set forth in Appendix II.

8. Adopt District Court Rule 4.29, regarding small claims mediation, on a permanent basis, as set forth in Appendix JJ.

9. Adopt Probate Court Rule 169, regarding court fees, on a permanent basis, as set forth in Appendix KK.

Effective Dates

The amendments in appendices Z, AA, and BB shall take effect immediately. The remaining amendments shall take effect on April 1, 2011. The amendments in appendix M shall be referred to the Advisory Committee on Rules for its recommendation as to whether they should be adopted on a permanent basis.

Date: January 19, 2011
ATTEST: Eileen Fox, Clerk
Supreme Court of New Hampshire


ADM-2010-0015
In the Matter of Michael D. Hatem

On March 24, 2010, this court issued an order requiring Michael D. Hatem to show cause why he should not be suspended from the practice of law for failing to file his certificate of compliance with the minimum continuing legal education requirements for the reporting year ending June 30, 2009, and for failing to pay the fees assessed for late filing. Attorney Hatem filed a response to this order which indicated that he had needed one hour in ethics/professionalism to complete his requirements. The court granted Attorney Hatem an extension to June 30, 2010, to complete the credit and to submit his certificate of compliance. The courtís order stated that if Attorney Hatem completed the required credit and submits his completed certificate of compliance by June 30, 2010, he could request a waiver of the late fees.

Attorney Hatem completed the outstanding continuing legal education credit as ordered, but did not pay the late fees or file a request for waiver of the late fees. On July 14, 2010, Attorney Hatem was ordered either to pay the late fees or file a request for waiver. Attorney Hatem has not paid the late fees, filed a request for waiver, or filed a response to the order. Therefore, Michael D. Hatem is suspended from the practice of law in New Hampshire for failing to comply with this courtís orders.

Attorney Hatem 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 Wednesday, March 2, 2011, that he has completed this task. On or before Monday, March 14, 2011, the Attorney Discipline Office shall advise the court if it believes that an attorney should be appointed to make an inventory of Attorney Hatemís files and to take action to protect the interests of his clients.

Dalianis, C.J., and Duggan, Hicks, Conboy and Lynn, JJ., concurred.
ISSUED: February 1, 2011
ATTEST: Eileen Fox, Clerk


ADM-2010-0161
In the Matter of Michael D. Hatem

On November 23, 2010, this court issued an order requiring Michael D. Hatem to file his 2010 trust accounting certificate and pay the late fees assessed for failing to file the certificate, or be suspended from the practice of law in New Hampshire.

Attorney Hatem has neither responded to the order, nor brought himself into compliance with Supreme Court Rule 50-A(2). Accordingly, Michael D. Hatem is hereby suspended from the practice of law in New Hampshire. This suspension is in addition to Attorney Hatemís suspension in ADM-2010-0015, for failure to comply with the courtís order relating to MCLE requirements. The court hereby requires that Attorney Hatemís trust accounts and other financial records be audited at his expense.

Dalianis, C.J., and Duggan, Hicks, Conboy and Lynn, JJ., concurred.
DATE: February 1, 2011
ATTEST: Eileen Fox, Clerk

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