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Bar News - June 17, 2011


Supreme Court Orders

LD-2010-0009
In the Matter of Paula J. Green

On April 15, 2011, Disciplinary Counsel and Attorney Paula Green filed a stipulation and consent to disbarment. The parties stipulated that, in five separate instances, Attorney Green violated Rule 1.15(a) through (f) of the Rules of Professional Conduct by failing to properly safeguard client funds and maintain trust accounts. Attorney Green has waived her right to further proceedings before the Professional Conduct Committee and the Supreme Court. The parties request that the court find that Attorney Green violated Rule 1.15(a) through (f), and issue an order disbarring Attorney Green. The court has reviewed the stipulation and consent to disbarment. It finds that Attorney Green violated Rule 1.15 (a) through (f) of the Rules of Professional Conduct. Considering the nature and severity of Attorney Green’s misconduct, the court concludes that disbarment is the appropriate sanction in this case.

THEREFORE, the court orders that Paula J. Green be disbarred from the practice of law in New Hampshire. She is hereby assessed all expenses incurred by the Professional Conduct Committee in the investigation and prosecution of this matter.

Dalianis, C.J., and Duggan, Hicks, Conboy and Lynn, JJ., concurred.
DATE: May 5, 2011
ATTEST: Eileen Fox, Clerk


Pursuant to its constitutional authority and powers of general superintendence over the New Hampshire Bar Association and its members, and pursuant to Supreme Court Rule 53.6, the court temporarily suspends the $10.00 annual fee imposed to support the operations of the NHMCLE Board. May 10, 2011
ATTEST: Eileen Fox, Clerk of Court
Supreme Court of New Hampshire


In accordance with Rule 53.8, the Supreme Court hereby appoints Superior Court Justice Larry M. Smukler to the Minimum Continuing Legal Education Board, replacing Justice Lynn, who is now a member of the Supreme Court. Justice Smukler shall serve the remainder of a three-year term commencing on February 15, 2010, and expiring on February 14, 2013.

May 10, 2011
ATTEST: Eileen Fox, Clerk of Court
Supreme Court of New Hampshire


Pursuant to its constitutional authority and powers of general superintendence over the New Hampshire Bar Association and its members, the New Hampshire Supreme Court assesses each member of the association in active status as of June 1, 2011, with the exception of full-time judicial members and pro bono active members, the sum of one hundred ninety five dollars ($195), and each member in inactive status as of June 1, 2011, with the exception of inactive retired, inactive military and inactive honorary, the sum of ten dollars ($10). These assessments are due and payable on or before July 1, 2011, and are for the purpose of funding the operations of the New Hampshire Supreme Court Attorney Discipline System, including the Professional Conduct Committee. If the Board of Governors of the New Hampshire Bar Association grants a member’s request for abatement of bar dues, it may grant a waiver of this fee.

The New Hampshire Bar Association shall collect the assessment for the account of the Professional Conduct Committee and shall report to the court on or before September 1, 2011, the names of those members responsible for the assessment who have not fully paid.

May 10, 2011
ATTEST: Eileen Fox, Clerk of Court
Supreme Court of New Hampshire


Pursuant to its constitutional authority and powers of general superintendence over the New Hampshire Bar Association and its members, and pursuant to Supreme Court Rule 55, the New Hampshire Supreme Court suspends the assessment to fund the Public Protection Fund (PPF) for the fund year beginning on June 1, 2011, and ending May 31, 2012.

Pursuant to its constitutional authority and powers of general superintendence over the New Hampshire Bar Association and its members, and pursuant to Supreme Court Rule 58, the court assesses each dues-paying member of the association as of June 1, 2011, as follows, for the purpose of funding the Lawyers Assistance Program (LAP).

Membership category LAP Assessment
Active over three years
Judicial
Active three years and under   
Inactive
Inactive retired
Pro bono active   
$15
$15
$15
$15
$ 5
$ 0

The members of the association exempted from the PPF assessment by order dated July 22, 1998, are exempted from the assessment for the LAP. The LAP assessment is due and payable on or before July 1, 2011. If the Board of Governors of the New Hampshire Bar Association grants a member’s request for abatement of bar dues, it may grant a waiver of the assessment.

The New Hampshire Bar Association shall collect the assessment for the account of the LAP and shall report to the court on or before September 1, 2011, the names of those members responsible for the assessment who have not fully paid.

May 10, 2011
ATTEST: Eileen Fox, Clerk of Court
Supreme Court of New Hampshire


The Supreme Court reappoints the following persons to serve on the Access to Justice Commission, which was established by Supreme Court order dated January 12, 2007.

 • Honorable Steven J. McAuliffe, Chief Judge of the U.S. District Court for the District of New Hampshire;
 • Honorable James E. Duggan, Associate Justice, New Hampshire Supreme Court;
 • John E. Tobin, Jr., Esquire, Executive Director, New Hampshire Legal Assistance;
 • Connie L. Rakowsky, Esquire, Executive Director, Legal Advice & Referral Center;
 • Virginia Martin, Associate Executive Director for Legal Services, New Hampshire Bar Association;
 • Jeannine L. McCoy, Executive Director, New Hampshire Bar Association and Interim Executive Director, New Hampshire Bar Foundation;
 • Laura Kiernan, Director of Communications, New Hampshire Supreme Court;
 • Mary Krueger, Esquire, New Hampshire Legal Assistance;
 • Honorable Deborah Kane Rein, Marital Master, Concord Family Division;
 • Richard Cohen, Executive Director, Disabilities Rights Center;
 • Marcia Sink, President, CASA of New Hampshire;
 • L. Jonathan Ross, Esquire, Wiggin & Nourie;
 • Nina Gardner, Executive Director, New Hampshire Judicial Council;
 • Christopher M. Keating, Esquire, Executive Director, Office of Public Defender; and Richard Y. Uchida, Esquire, Orr & Reno

In addition, the court appoints the following persons to serve on the Access to Justice Commission:

 • Honorable Linda S. Dalianis, Chief Justice of the New Hampshire Supreme Court; to replace Chief Justice John T. Broderick, Jr., who has retired; and
 • Erin B. Corcoran, Esquire, Director of Social Justice Institute, University of New Hampshire School of Law.

All of the members of the commission shall serve three-year terms, commencing May 1, 2011 and expiring April 29, 2014.

May 18, 2011
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 amendment to court rules.

Supreme Court Rule 54

1. Amend Supreme Court Rule 54, administrative judges and administrative council, on a temporary basis, as set forth in Appendix A.
Effective Date

This amendment shall take effect on July 1, 2011, and shall be referred to the Advisory Committee on Rules for its recommendation as to whether they should be adopted on a permanent basis.

Date: May 23, 2011
ATTEST: Eileen Fox, Clerk of Court
Supreme Court of New Hampshire


Pursuant to Supreme Court Rule 37(3), the Supreme Court appoints Richard D. Sager to the Professional Conduct Committee of the Attorney Discipline System, replacing Julie A. Introcaso, who resigned from the committee. Attorney Sager is appointed to serve the remainder of a three-year term expiring on December 31, 2013.

May 23, 2011
ATTEST: Eileen Fox, Clerk of Court
Supreme Court of New Hampshire


In accordance with Rule 51B(1)(a), the Supreme Court hereby appoints the Honorable Richard B. McNamara to the Advisory Committee on Rules, replacing Justice Nicolosi, who resigned due to other commitments.

May 23, 2011
ATTEST: Eileen Fox, Clerk of Court
Supreme Court of New Hampshire


Pursuant to Supreme Court Rule 54(2), as amended by this court’s order of May 23, 2011, the Supreme Court hereby appoints the Honorable Edwin W. Kelly as administrative judge for the circuit court, and the Honorable David D. King as deputy administrative judge for the circuit court, for a term commencing July 1, 2011, and ending on June 30, 2016.

May 24, 2011
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 technical and temporary amendments to court rules.

I. Superior Court Rule 170(A)(2) – ADR

(This temporary amendment expands the scope of proceedings subject to mandatory alternative dispute resolution procedures.) 1. Amend Superior Court Rule 170(A)(2), regarding alternate dispute resolution, on a temporary basis, as set forth in Appendix A.

II. Supreme Court Rule 59 – Transcripts

(This technical amendment makes Supreme Court Rule 59 consistent with Superior Court Rule 78-B and Probate Court Rule 78-B and with current practice.)

1. Amend Supreme Court Rule 59, regarding preparation of transcripts, as set forth in Appendix B.

III. Family Division Rule 2.30 – Modification of Final Decree

(This technical amendment makes Family Division Rule 2.30 consistent with Superior Court Rule 169 and with current practice by deleting the language stating that no filing fee is required when parties file an agreement to change a final order.)

1. Amend Family Division Rule 2.30(E), regarding modification of final decree, as set forth in Appendix C.

Effective Dates

The amendment in Appendix A shall take effect on July 1, 2011, and shall be referred to the Advisory Committee on Rules for its recommendation as to whether it should be adopted on a permanent basis. The amendments in Appendices B and C shall take effect immediately.

Date: June 8, 2011
ATTEST: Eileen Fox, Clerk of Court
Supreme Court of New Hampshire

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