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Bar News - March 18, 2011


NH Supreme Court Orders

LD-2011-0001,
In the Matter of David W. Pellenz

On February 10, 2010, the Attorney Discipline Office filed a certified copy of a January 28, 2011 judgment of Merrimack County Superior Court, which states that Attorney David W. Pellenz was convicted of the crime of hindering apprehension or prosecution, a class A misdemeanor. The court concludes that this conviction constitutes a "serious crime" under Rule 37(9)(b). In accordance with Rule 37(9), when it is established that an attorney has been convicted of a "serious crime," the court may enter an order suspending the attorney pending final disposition of a disciplinary hearing to be commenced upon such conviction. In accordance with Rule 39(9), the court orders as follows:

1. David W. Pellenz is immediately suspended from the practice of law in New Hampshire on a temporary basis pending further order of this court. Attorney Pellenz may show cause on or before ten days from the date of service why the temporary suspension should be lifted. See Reiner’s Case, 152 N.H. 163 (2005).

2. Attorney Pellenz is enjoined from transferring, assigning, hypothecating, or in any manner disposing of or conveying any assets of clients, whether real, personal, beneficial or mixed.

3. Copies of this order and of the certified judgment of Merrimack County Superior Court shall be served on Attorney Pellenz by first class mail and by certified mail, return receipt requested. Copies shall also be sent by first class mail to Attorney Pellenz’s counsel and to the Professional Conduct Committee.

On or before March 3, 2011, the Attorney Discipline Office shall advise the court whether an attorney should be appointed in accordance with Rule 37(17) to take possession of Attorney Pellenz’s client files and trust accounts and to take such action as is necessary to protect the interest of his clients.

Dalianis, C.J., and Duggan, Hicks, Conboy and Lynn, JJ.,
DATE: February 11, 2011
ATTEST: Eileen Fox, Clerk


In accordance with Rule 42(5)(b), the court appoints Thomas E. Blonski, of Manchester, to the Committee on Character and Fitness, replacing Elizabeth Crory, who asked to be replaced as a committee member after many years of dedicated service. Mr. Blonski is appointed to serve the remainder of a three-year term expiring on June 1, 2011, and to a three-year term commencing on June 1, 2011 and expiring on June 1, 2014.

February 14, 2011
ATTEST: Eileen Fox, Clerk of Court
Supreme Court of New Hampshire


ADM-2010-0129,
In the Matter of Brendon S. Browne

Supreme Court Rule 50-A requires that the annual trust accounting compliance certificate be filed on or before August 1st of each year. Brendon S. Browne filed the certificate of compliance on September 4, 2010, but did not pay the $200 assessment prescribed by Supreme Court Rule 50-A(2)A for late filing of the certificate.

On October 29, 2010, this court issued an order, in accordance with Rule 50-A(2), for Brendon S. Browne to pay the fee of $200 on or before Monday, November 15, 2010, or be suspended from the practice of law in New Hampshire. Brendon S. Browne has neither responded to the order, nor brought himself into compliance with Supreme Court Rule 50-A(2).

Brendon S. Browne is hereby suspended from the practice of law in New Hampshire. The court hereby requires that Attorney Browne’s trust accounts and other financial records be audited at his expense.

Brendon S. Browne is ordered to notify all of his clients in writing that he has been suspended from the practice of law in New Hampshire and to notify the court by Friday, March 25, 2011, that he has completed this task. On or before Monday, April 4, 2011, the Attorney Discipline Office shall advise the court if it believes that an attorney should be appointed to make an inventory of Attorney Browne’s files and to take action to protect the interests of his clients.

Dalianis, C.J., and Duggan, Hicks, Conboy and Lynn, JJ., concurred.
DATE: February 22, 2011
ATTEST: Eileen Fox, Clerk


ADM-2010-0159,
In the Matter of Katherine P. Burke, Esq.

On November 23, 2010, this court issued an order, in accordance with Rule 50-A(2), for Katherine P. Burke to file her 2010 trust accounting certificate and pay the fee of $300 for failing to file the certificate, or be suspended from the practice of law in New Hampshire.

Katherine P. Burke has neither responded to the order, nor brought herself into compliance with Supreme Court Rule 50-A(2).

Katherine P. Burke is hereby suspended from the practice of law in New Hampshire. The court hereby requires that Attorney Burke’s trust accounts and other financial records be audited at her expense.

Katherine P. Burke is ordered to notify her clients in writing that she has been suspended from the practice of law in New Hampshire and to notify the Attorney Discipline Office by Friday March 25, 2011, that she has completed this task. On or before Monday, April 4, 2011, the Attorney Discipline Office shall advise the court if it believes that an attorney should be appointed to make an inventory of Attorney Burke’s files and to take action to protect the interests of her clients.

Dalianis, C.J., and Duggan, Hicks, Conboy and Lynn, JJ., concurred.
DATE: February 22, 2011
ATTEST: Eileen Fox, Clerk


ADM-2010-0169,
In the Matter of Laird J. Heal, Esq.

On December 15, 2010, this court issued an order, in accordance with Rule 50-A(2), for Laird J. Heal to file his 2010 trust accounting certificate and pay the fees of $300 for failing to file the certificate, or be suspended from the practice of law in New Hampshire.

Laird J. Heal has neither responded to the order, nor brought himself into compliance with Supreme Court Rule 50-A(2).

Laird J. Heal is hereby suspended from the practice of law in New Hampshire. The court hereby requires that Attorney Heal’s trust accounts and other financial records be audited at his expense.

Laird J. Heal 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 Attorney Discipline Office by Friday, March 25, 2011, that he has completed this task. On or before Monday, April 4, 2011, the Attorney Discipline Office shall advise the court if it believes that an attorney should be appointed to make an inventory of Attorney Heal’s files and to take action to protect the interests of Laird J. his clients.

Dalianis, C.J., and Duggan, Hicks, Conboy and Lynn, JJ., concurred.
DATE: February 22, 2011
ATTEST: Eileen Fox, Clerk


ADM-2010-0171,
In the Matter of Margaret M. Regan, Esq.

On December 15, 2010, this court issued an order, in accordance with Rule 50-A(2), for Margaret M. Regan to file her 2010 trust accounting certificate and pay the fees of $300 for failing to file the certificate, or be suspended from the practice of law in New Hampshire.

Margaret M. Regan has neither responded to the order, nor brought herself into compliance with Supreme Court Rule 50-A(2).

Margaret M. Regan is hereby suspended from the practice of law in New Hampshire. The court hereby requires that Attorney Regan’s trust accounts and other financial records be audited at her expense.

Margaret M. Regan is ordered to notify her clients in writing that she has been suspended from the practice of law in New Hampshire and to notify the Attorney Discipline Office by Friday, March 25, 2011, that she has completed this task. On or before Monday, April 4, 2011, the Attorney Discipline Office shall advise the court if it believes that an attorney should be appointed to make an inventory of Attorney Regan’s files and to take action to protect the interests of her clients.

Dalianis, C.J., and Duggan, Hicks, Conboy and Lynn, JJ., concurred.
DATE: February 22, 2011
ATTEST: Eileen Fox, Clerk


ADM-2010-0175,
In the Matter of Evelyn C. Taylor, Esq.

On December 17, 2010, this court issued an order, in accordance with Rule 50-A(2), for Evelyn C. Taylor to file her 2010 trust accounting certificate and pay the fees of $300 for failing to file the certificate, or be suspended from the practice of law in New Hampshire.

Evelyn C. Taylor has neither responded to the order, nor brought herself into compliance with Supreme Court Rule 50-A(2).

Evelyn C. Taylor is hereby suspended from the practice of law in New Hampshire. The court hereby requires that Attorney Taylor’s trust accounts and other financial records be audited at her expense.

Evelyn C. Taylor is ordered to notify her clients in writing that she has been suspended from the practice of law in New Hampshire and to notify the Attorney Discipline Office by Friday, March 25, 2011, that she has completed this task. On or before Monday, April 4, 2011, the Attorney Discipline Office shall advise the court if it believes that an attorney should be appointed to make an inventory of Attorney Taylor’s files and to take action to protect the interests of her clients.

Dalianis, C.J., and Duggan, Hicks, Conboy and Lynn, JJ., concurred.
DATE: February 22, 2011
ATTEST: Eileen Fox, Clerk


ADM-2011-0001,
In the Matter of Scott R. Sargent

On January 7, 2011, this court issued an order, in accordance with Rule 50-A(2), for Scott R. Sargent to file the annual trust accounting certificate of compliance that was due on or before August 1, 2010, and pay the fees of $300 for late filing of the 2010 annual trust accounting certificate, or be suspended from the practice of law in New Hampshire.

Scott R. Sargent has neither responded to the show cause order nor brought himself into compliance with Supreme Court Rule 50-A(2).

Scott R. Sargent is hereby suspended from the practice of law in New Hampshire. This suspension is in addition to the suspension imposed on June 4, 2010, in ADM-2010-0031, In the Matter of Scott R. Sargent, for failure to file his certificate of compliance with the minimum legal education requirements for the reporting year ending June 30, 2009, and pay the late fees assessed.

Dalianis, C.J., and Duggan, Hicks, Conboy and Lynn, JJ., concurred.
DATE: February 22, 2011
ATTEST: Eileen Fox, Clerk


ADM-2010-0168,
In the Matter of David L. Dubrow

On December 15, 2010, this court issued an order, in accordance with Rule 50-A(2), for David L. Dubrow to file the annual trust accounting certificate of compliance that was due on or before August 1, 2010, and pay the fees of $300 for late filing of the 2010 annual trust accounting certificate, or be suspended from the practice of law in New Hampshire.

David L. Dubrow has neither responded to the show cause order nor brought himself into compliance with Supreme Court Rule 50-A(2).

David L. Dubrow is hereby suspended from the practice of law in New Hampshire. This suspension is in addition to the suspension imposed on May 12, 2010, in ADM-2010-0011, In the Matter of David L. Dubrow, for failure to file his certificate of compliance with the minimum legal education requirements for the reporting year ending June 30, 2009, and pay the late fees assessed.

Dalianis, C.J., and Duggan, Hicks, Conboy and Lynn, JJ., concurred.
DATE: February 22, 2011
ATTEST: Eileen Fox, Clerk


ADM-2010-0121,
In the Matter of Richard A. Moskowitz

On October 25, 2010, this court issued an order in accordance, with Rule 42(7)(a), for Richard A. Moskowitz to show cause why he should not be suspended from the practice of law in New Hampshire for failure to attend a practical skills course within two years of the date of his admission to the bar.

Richard A. Moskowitz has neither responded to the show cause order nor brought himself into compliance with Supreme Court Rule 42(7)(a).

Richard A. Moskowitz is hereby suspended from the practice of law in New Hampshire. The court hereby requires that Attorney Moskowitz’s trust accounts and other financial records be audited at his expense.

Richard A. Moskowitz 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 Attorney Discipline Office by Monday, March 28, 2011, that he has completed this task. On or before Thursday, April 7, 2011, the Attorney Discipline Office shall advise the court if it believes that an attorney should be appointed to make an inventory of Attorney Moskowitz’s files and to take action to protect the interests of his clients.

Dalianis, C.J., and Duggan, Hicks, Conboy and Lynn, JJ., concurred.
Date: February 24, 2011
ATTEST: Eileen Fox, Clerk


ADM-2010-0146,
In the Matter of Shawn M. McCormack

On November 15, 2010, this court issued an order in accordance, with Rule 42(7)(a), for Shawn M. McCormack to show cause why he should not be suspended from the practice of law in New Hampshire for failure to attend a practical skills course within two years of the date of his admission to the bar.

Shawn M. McCormack has neither responded to the show cause order nor brought himself into compliance with Supreme Court Rule 42(7)(a).

Shawn M. McCormack is hereby suspended from the practice of law in New Hampshire. The court hereby requires that Attorney McCormack’s trust accounts and other financial records be audited at his expense.

Shawn M. McCormack 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 Attorney Discipline Office by Monday, March 28, 2011, that he has completed this task. On or before Thursday, April 7, 2011, the Attorney Discipline Office shall advise the court if it believes that an attorney should be appointed to make an inventory of Attorney McCormack’s files and to take action to protect the interests of his clients.

Dalianis, C.J., and Duggan, Hicks, Conboy and Lynn, JJ., concurred.
Date: February 24, 2011
ATTEST: Eileen Fox, Clerk


ADM-2010-0149,
In the Matter of Elizabeth VanDerwalker, Esq.

On November 16, 2010, this court issued an order in accordance, with Rule 42(7)(a), for Elizabeth VanDerwalker to show cause why she should not be suspended from the practice of law in New Hampshire for failure to attend a practical skills course within two years of the date of her admission to the bar.

Elizabeth VanDerwalker has neither responded to the show cause order nor brought herself into compliance with Supreme Court Rule 42(7)(a).

Elizabeth VanDerwalker is hereby suspended from the practice of law in New Hampshire. The court hereby requires that Attorney VanDerwalker’s trust accounts and other financial records be audited at her expense.

Elizabeth VanDerwalker is ordered to notify her clients in writing that she has been suspended from the practice of law in New Hampshire and to notify the Attorney Discipline Office by Monday, March 28, 2011, that she has completed this task. On or before Thursday, April 7, 2011, the Attorney Discipline Office shall advise the court if it believes that an attorney should be appointed to make an inventory of Attorney VanDerwalker’s files and to take action to protect the interests of her clients.

Dalianis, C.J., and Duggan, Hicks, Conboy and Lynn, JJ., concurred.
Date: February 24, 2011
ATTEST: Eileen Fox, Clerk


ADM-2011-0013,
In the Matter of Alexander C. Zane, Esq.

Having been suspended from the New Hampshire Bar Association for nonpayment of his 2009/2010 bar dues and not having been reinstated within six months of his suspension, Alexander C. Zane is hereby suspended from the practice of law in New Hampshire in accordance with the provisions of Supreme Court Rule 42A.

The court hereby requires that Alexander C. Zane’s trust accounts and other financial records be audited at his expense.

Alexander C. Zane 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 Attorney Discipline Office Monday, March 28, 2011, that she has completed this task. On or before Thursday, April 7, 2011, the Attorney Discipline Office shall advise the court if it believes that an attorney should be appointed to make an inventory of Attorney Zane’s files and to take action to protect the interests of his clients.

Dalianis, C.J., and Duggan, Hicks, Conboy and Lynn, JJ., concurred.
Date: February 24, 2011
ATTEST: Eileen Fox, Clerk


In accordance with the provisions of RSA 100-C:11, II, Chief Justice Linda S. Dalianis, with the advice and consent of acting Superior Court Chief Justice Kenneth R. McHugh, District Court Administrative Judge Edwin W. Kelly, and Probate Court Administrative Judge David D King., reappoints Superior Court Judge Brian T. Tucker to the Board of Trustees of the Judicial Retirement Plan, to serve a three-year term expiring on September 21, 2013.

February 28, 2011
ATTEST: Eileen Fox, Clerk
Supreme Court of New Hampshire


Pursuant to RSA 71-B:2, the Supreme Court of New Hampshire hereby reappoints Michele E. LeBrun, of Dunbarton, to the Board of Tax and Land Appeals for a term beginning May 6, 2011, and terminating on May 5, 2016.

March 9, 2011
ATTEST: Eileen Fox, Clerk
Supreme Court of New Hampshire

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