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Bar News - July 15, 2011


Supreme Court Orders

The Supreme Court of New Hampshire, pursuant to Supreme Court Rule 51B(1)(i), hereby appoints Family Division Administrator Patrick Ryan to the Advisory Committee on Rules, effective immediately. Attorney Ryan is appointed to replace Gina Apicelli, who has resigned due to other commitments.

Date: June 13, 2011
ATTEST: Eileen Fox, Clerk of Court
Supreme Court of New Hampshire


In accordance with RSA 490-F:6, V, which becomes effective on July 1, 2011, Judge David D. King, who is assigned to the probate division of the circuit court, is also certified to hear cases in the district division of the circuit court, effective July 1, 2011.

DATE: June 13, 2011
ATTEST: Eileen Fox, Clerk of Court
Supreme Court of New Hampshire


In accordance with RSA 490-F:6, V, which becomes effective on July 1, 2011, Judge James R. Patten, who is assigned to the probate division of the circuit court, is also certified to hear cases in the district division of the circuit court, effective July 1, 2011.

DATE: June 13, 2011
ATTEST: Eileen Fox, Clerk of Court
Supreme Court of New Hampshire


In accordance with Supreme Court Rule 39(2)(a)(1), the Supreme Court appoints Superior Court Justice Steven M. Houran to the Committee on Judicial Conduct, effective immediately. Justice Houran is appointed to replace Chief Justice Tina T. Nadeau, who has resigned from the committee due to other commitments. Justice Houran shall serve the remainder of a three-year term commencing on July 1, 2010, and expiring on July 1, 2013.

June 13, 2011
ATTEST: Eileen Fox, Clerk of Court
Supreme Court of New Hampshire



LD-2010-0012
In the Matter of Paul W. Bruzga

The court on June 15, 2011, issued the following order:

Respondent’s motion for reconsideration is denied. In accordance with Rule 24(1), the court’s decision imposing a six-month suspension is now final. The six-month suspension imposed by the Professional Conduct Committee shall be considered to commence on this date.

The slip opinion dated May 12, 2011, is modified in the following two respects: 1. The first paragraph of the opinion is modified to state as follows:

The respondent, Paul W. Bruzga, appeals an order of the Supreme Court Professional Conduct Committee (PCC) suspending him from the practice of law for six months. We order that Bruzga be suspended for six months.

2. The third paragraph on page 4 of the slip opinion, which begins with the phrase "In attorney discipline matters," is modified to state as follows:

Because the parties do not argue for a different review standard in this appeal from a decision of the PCC, see Sup. Ct. R. 37(16)(g), than we apply when considering a petition for sanctions filed by the PCC, see Sup. Ct. R. 37(16)(e), we will assume, without deciding, that our usual standard of review applies. In attorney discipline matters, we defer to the PCC’s factual findings if supported by the record, but retain ultimate authority to determine whether, on the facts found, a violation of the rules governing attorney conduct has occurred and, if so, the sanction. Wyatt’s Case, 159 N.H. 285, 297 (2009). The PCC’s findings of violations of the Rules must be supported by clear and convincing evidence. Sup. Ct. R. 37A(III)(d)(2)(C).

Slip opinion modified;
reconsideration denied
.

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



ADM-2011-0025
In the Matter of James Schwellenbach

The court on June 9, 2011, issued the following order:

On April 12, 2011, James Schwellenbach was suspended from the practice of law for failing to meet MCLE requirements for the reporting year ending June 30, 2010. On May 11, 2011, Attorney Schwellenbach filed a petition for reinstatement. Attorney Schwellenbach stated that he retired from the practice of law in April 2010 and that he was unaware that he was required to submit a formal request to resign to the bar association. Attorney Schwellenbach seeks reinstatement to the bar so that he can then submit a request to resign to the bar association. Attorney Schwellenbach’s motion for reinstatement is granted on the condition that he submit his request to resign to the bar association by June 30, 2011. If Attorney Schwellenbach submits a request to resign by June 30, 2011, and his request is approved by the Board of Governors, the requirements of Rule 53 for the reporting year ending June 30, 2010 and the late fees assessed for late filing of his certificate shall be waived. The bar association shall notify the court if a request to resign is submitted and approved.

No motion for readmission pursuant to Rule 37(15) may be filed by Attorney Schwellenbach in the future unless he completes the MCLE requirements for the reporting year ending June 30, 2010 and pays the late fees assessed prior to filing a motion for readmission. These requirements are in addition to the other requirements of Rule 37(15).

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

Eileen Fox, Clerk



ADM-2011-0034
In the Matter of Dennis Shea

The court on May 31, 2011, issued the following order: In January 1995, Attorney Dennis Shea was suspended from the practice of law in New Hampshire for failure to pay bar dues. On February 22, 2011, Attorney Shea filed a petition for reinstatement and provided evidence to establish that he has paid the outstanding bar dues. In his petition, Attorney Shea stated that he is currently practicing law in California. He further stated that he does not intend to return to practice in New Hampshire and that he is seeking reinstatement so that he is considered a member of the bar in good standing.

Attorney Shea’s petition for reinstatement is granted on the condition that he submit his request to resign from the bar to the New Hampshire Bar Association by June 30, 2011. Attorney Shea shall file a copy of his request to resign with the court.

If Attorney Shea does not submit his request to resign by June 30, 2011, this order may be vacated, and Attorney Shea shall be required to establish his continuing competence and learning in the law and continuing moral character and fitness before reinstatement. See Rule 42A(B). Dalianis, C.J., and Duggan, Hicks, Conboy and Lynn, JJ., concurred.

Eileen Fox, Clerk


In accordance with Supreme Court Rule 39(2)(a)(1), the Supreme Court reappoints the Honorable John A. Korbey, who retired as a district court judge on May 31, 2011, to the Committee on Judicial Conduct, to serve the remainder of a three-year term commencing on July 1, 2009, and expiring on July 1, 2012.

June 16, 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 temporary amendments to court rules.


I. Circuit Court Rules

(These temporary amendments are intended to make current court rules applicable in proceedings in the new circuit court divisions.)


1. Amend Supreme Court Rule 1, regarding official publication and notification of rules, on a temporary basis, as set forth in Appendix A.

2. Amend the Preface to the Superior Court Rules, on a temporary basis, as set forth in Appendix B.

3. Adopt Superior Court Administrative Rule 12-19, on a temporary basis, as set forth in Appendix C.

4. Amend the title of the Rules of the District Courts of the State of New Hampshire, on a temporary basis, as set forth in Appendix D.

5. Adopt Circuit Court – District Division Rule 1.1B, regarding application, on a temporary basis, as set forth in Appendix E.

6. Amend the title of the Rules of the Probate Courts of the State of New Hampshire, on a temporary basis, as set forth in Appendix F.

7. Amend the Preface to the Circuit Court – Probate Division Rules, on a temporary basis, as set forth in Appendix G.

8. Amend the title of the Rules of the Family Division of the State of New Hampshire, on a temporary basis, as set forth in Appendix H.

9. Amend Circuit Court – Family Division Rule 1.1, regarding scope and application, on a temporary basis, as set forth in Appendix I.

10. Amend New Hampshire Rule of Evidence 1101(a), regarding applicability of rules, on a temporary basis, as set forth in Appendix J.

11. Amend System-Wide Guardian ad Litem Application, Certification and Practice Rule 1.1, regarding authority and applicability, on a temporary basis, as set forth in Appendix K.


II. Supreme Court Rule 54

(This temporary amendment expands the membership of the administrative council to include the deputy administrative judge of the circuit court.)


1. Further amend Supreme Court Rule 54, administrative judges and administrative council, which was amended by court order dated May 23, 2011, on a temporary basis, as set forth in Appendix L.


Effective Date

These amendments 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: June 21, 2011
ATTEST: Eileen Fox, Clerk of Court
Supreme Court of New Hampshire


Pursuant to Supreme Court Rule 37(5), the Supreme Court appoints Attorney Keriann Roman, of Exeter, to serve on the Complaint Screening Committee of the Attorney Discipline System. Attorney Roman is appointed to replace Attorney Richard Daschbach, to serve the remainder of a term expiring on December 31, 2013.

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


In accordance with Rule 31(B) of the New Hampshire Judicial Branch Personnel Rules, the court appoints Superior Court Justice David A. Garfunkel to serve as the chair of the Judicial Branch Grievance Board, replacing Justice Steven M. Houran, who resigned due to other commitments. Justice Garfunkel is appointed to serve the remainder of a two-year term expiring on May 8, 2013.

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

Supreme Court Rule 42(9) requires all NH admitted attorneys to notify the Bar Association of any address change, home or office.

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