Bar News - July 15, 2011
Circuit Court Orders
New Hampshire Circuit Court – 2011 - 02
All forms, including but not limited to writs, petitions, notices, complaints and motions in use by the Probate Court, District Court and Family Division on June 30, 2011 shall be accepted for use in the Circuit Court commencing on July 1, 2011. References to the Probate Court, District Court or Family Division in existing forms shall be deemed to include the appropriate division of the Circuit Court after July 1, 2011.
This order shall expire on December 31, 2011.
Dated: June 23, 2011 Edwin W. Kelly
New Hampshire Circuit Court – 2011 - 04
Judicial Branch Family Division – 2011 - 07
New Hampshire District Courts – 2011 - 05
In light of section 78 of HB 2, which amends RSA 170-C:13 and which will take effect on July 1, 2011, that will impact the payment of fees and costs in termination of parental rights cases under RSA chapter 170-C, it is ordered as follows:
1. Effective July 1, 2011, counsel shall not be appointed for any petitioner in termination of parental rights cases under RSA chapter 170-C.
2. Effective July 1, 2011, counsel shall be appointed for a respondent parent only if the respondent parent is determined to be financially unable to employ counsel in accordance with a strict application of a financial eligibility guideline established by the office of cost containment to determine that the party is indigent.
3. Effective July 1, 2011, the maximum fee cap of $1700 for counsel in a termination of parental rights case, pursuant to Supreme Court Rule 48, and the maximum fee cap of $1,400 for a guardian ad litem in a termination of parental rights case, pursuant to Supreme Court Rule 48-A, shall not be exceeded or authorized without the written approval of the Administrative Judge of the Circuit Court. All such requests to exceed the maximum fee guidelines must be submitted to the trial court prior to the guidelines being exceeded and include a specific articulation of good cause and exceptional circumstances as required by Rule 48 and Rule 48-A. No such request will be considered for final approval by the Administrative Judge absent an express finding of good cause and exceptional circumstances by the trial judge. Moreover, no petition to exceed the maximum fee guidelines approved by the trial judge after the guidelines have been exceeded will be approved by the Administrative Judge absent a statement as to why justice requires a waiver of the requirement for prior approval.
Dated: June 30, 2011 Edwin W. Kelly