New Hampshire Bar Association
About the Bar
For Members
For the Public
Legal Links
Publications
Newsroom
Online Store
Vendor Directory
NH Bar Foundation
Judicial Branch
NHMCLE

A confidential, independent resource for NH lawyers, judges and law students.

NH Bar's Litigation Guidelines
New Hampshire Bar Association
Lawyer Referral Service Law Related Education NHBA CLE NHBA Insurance Agency
MyNHBar
Member Login
Member Portal
Casemaker

Bar News - February 17, 2012


Supreme Court Orders

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

The court on January 13, 2012, issued the following order:

Attorney Paul W. Bruzga’s motion for reinstatement to the practice of law is granted. Attorney Bruzga is reinstated to the practice of law effective immediately. Dalianis, C.J., and Duggan, Hicks, Conboy and Lynn, JJ., concurred.

Eileen Fox, Clerk


LD-2012-0001
In the Matter of Daniel S. Braese

On January 4, 2012, the Attorney Discipline Office filed a certified copy of the December 8, 2011 judgment of the Supreme Judicial Court for Suffolk County (Massachusetts), disbarring Attorney Daniel S. Braese. A summary prepared by the Massachusetts Board of Bar Overseers that was filed with the judgment states that Attorney Braese was charged by information in United States District Court for the District of Massachusetts with bank fraud and making false statements in Federal Housing Administration transactions. It also states that on November 15, 2011, Attorney Braese filed in the Supreme Judicial Court a waiver of hearing and consent to disbarment.

In accordance with Supreme Court Rule 37, the court now orders as follows: (1) In accordance with Rule 37(12)(b) and 37(16)(d) and (f), Daniel S. Braese is immediately suspended from the practice of law in New Hampshire pending further order of this court.

(2) Attorney Braese may show cause on or before ten days from the date of service why the suspension should be lifted. (3) Copies of this order and of the December 8, 2011 order of the Supreme Judicial Court for Suffolk County (Massachusetts) shall be served on Attorney Braese by first class mail and certified mail, return receipt requested. A copy of this order shall also be sent to the Professional Conduct Committee by first class mail.

(4) Rule 37(12)(d) authorizes the court to impose final discipline identical or similar to the discipline imposed by another jurisdiction unless the disciplined attorney or the Professional Conduct Committee demonstrates, or the court finds, based upon one of the grounds as set forth in Rule 37(12)(d), that imposition of identical or substantially similar discipline would be unwarranted.

(5) Within 30 days of service of this order, Attorney Braese and the Professional Conduct Committee shall inform the court if they contend that the imposition of discipline identical or substantially similar to that imposed by the Supreme Judicial Court for Suffolk County (Massachusetts) would be unwarranted, and if they so contend, of the reasons for their contention.

Dalianis, C.J., and Hicks and Conboy, JJ., concurred.
DATE: January 17, 2012
ATTEST: Eileen Fox, Clerk


The Supreme Court appoints the following persons to serve on the Access to Justice Commission, which was established by Supreme Court order dated January 12, 2007.
Honorable Joseph N. LaPlante, Judge of the U.S. District Court for the District of New Hampshire;

Mark Rouvalis, Esquire, McLane, Graf & Middleton;

Catherine E. Shanelaris, Esquire, Shanelaris & Schirch;

James Tenn, Esquire, Tenn & Tenn; and

Gordon MacDonald, Esquire, Nixon Peabody, LLP.

The court reappoints the Honorable James E. Duggan, Associate Justice, retired, New Hampshire Supreme Court, to serve on the commission.

All of the members are appointed to serve three-year terms commencing January 17, 2012, and expiring January 17, 2015. The court designates the Honorable Joseph N. LaPlante and Attorney Richard Uchida to serve as co-chairs of the commission.

January 17, 2012
ATTEST: Eileen Fox, Clerk of Court
Supreme Court of New Hampshire


In accordance with Supreme Court Rule 37(3)(a), the court reappoints Benette Pizzimenti, Alan J. Cronheim, Susan Chollet, and Richard H. Darling to the Professional Conduct Committee of the Attorney Discipline System. The terms of Attorney Pizzimenti, Attorney Cronheim, Ms. Chollet and Mr. Darling are for three years and expire on December 31, 2014. Attorney Pizzimenti is designated to serve as one of the committee’s vice-chairs.

January 19, 2012
ATTEST: Eileen Fox, Clerk
Supreme Court of New Hampshire


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. RULES OF PROFESSIONAL CONDUCT

(The following amendment to Rule 1.10 of the Rules of Professional Conduct focuses on the application of Rule 1.10’s firm-wide imputation rule to conflicts of interest that can arise when a lawyer ("migrating lawyer") leaves one firm to take employment with another. The amendment allows for "screening" of the migrating lawyer as a means of resolving conflicts that might otherwise arise due to the attorney’s possession of confidential information regarding clients at his or her former firm.)

1. Amend Rule 1.10 of the Rules of Professional Conduct as set forth in Appendix A.

II. CODE OF JUDICIAL CONDUCT

(The following amendment to Supreme Court Rule 38, Canon 3, Rule 3.1, regarding extrajudicial activities: (1) clarifies that the 15% income limitation found in paragraph B(2) applies to all avocational activities; (2) eliminates the requirement that the Supreme Court’s approval of a request to exceed the income limitation occur in advance of exceeding the cap; and (3) removes the requirement that the Supreme Court’s approval to exceed the cap be by unanimous vote of the Court).

1. Amend Supreme Court Rule 38, Canon 3, Rule 3.1 as set forth in Appendix B.

III. SUPREME COURT RULE 24

(The new comment following Supreme Court Rule 24 clarifies that the date of the mandate, not the date of the issuance of the decision, is the effective date of the appellate court’s decision)

1. Adopt a comment to Supreme Court Rule 24 as set forth in Appendix C.

IV. TEMPORARY RULES CURRENTLY IN EFFECT

(Supreme Court Rule 48-B, which has been in effect as a temporary rule, is adopted on a permanent basis with two technical amendments, as set forth in Appendix E. The remaining rules set forth below, which have been in effect as temporary rules, are adopted on a permanent basis without any changes.)

1. Supreme Court Rule 53.7(A), regarding sanctions for failure to comply with continuing legal education requirements, as set forth in Appendix D. 2. Supreme Court Rule 48-B, regarding mediator fees in family cases, as set forth in Appendix E.

3. Superior Court Rule 203, regarding vital statistics reports, as set forth in Appendix F.

4. Circuit Court-Family Division Rule 2.25, regarding vital statistics reports, as set forth in Appendix G. 5. Circuit Court-District Division Rules 6.1 to 6.7, regarding local ordinance citations, as set forth in Appendix H.

V. PHOTOGRAPHING, RECORDING AND BROADCASTING

(The following temporary amendments clarify the presumption that the photographing, recording and broadcasting of court proceedings is permissible and eliminate the differences in the procedures between the various trial courts around the State).
1. Amend Superior Court Rule 78, on a temporary basis, as set forth in Appendix I.
2. Amend Circuit Court-District Division Rule 1.4, on a temporary basis, as set forth in Appendix J.

3. Amend Circuit Court-Probate Division Rule 78, on a temporary basis, as set forth in Appendix K.

4. Amend Circuit Court-Family Division Rule 1.29, on a temporary basis, as set forth in Appendix L.

Effective Dates

The amendments in Appendices A through H shall take effect immediately. The temporary amendments in Appendices I through L shall take effect on March 1, 2012, 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: January 25, 2012
ATTEST: Eileen Fox, Clerk of Court
Supreme Court of New Hampshire


LD-2009-0002
In the Matter of Donald L. Wyatt, Jr.

The court on January 31, 2012, issued the following order:

On September 29, 2009, Attorney Donald L. Wyatt was suspended from the practice of law in New Hampshire for a period of two years. In December 2011, after the suspension period had passed, Attorney Wyatt notified the court and the New Hampshire Bar Association that he wished to resign from the bar.

The Constitution of the New Hampshire Bar Association requires that a member of the bar be in good standing to resign as a member of the bar. It does not allow a member who has been suspended but not reinstated to resign. The court waives the reinstatement requirements of Supreme Court Rule 37(14)(b), and reinstates Attorney Wyatt for the sole purpose of enabling the bar association to accept Attorney Wyatt’s resignation. Attorney Wyatt is not required to pay bar dues and court fees for the period of his suspension.

If Attorney Wyatt seeks readmission to the New Hampshire bar in the future, his request for reinstatement will be referred to the Professional Conduct Committee for a hearing in accordance with Rule 37(14).

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


Pursuant to Supreme Court Rule 37(5), the Supreme Court reappoints Martha F. Dyner, Stephen A. Bartlett, and Ronna F. Wise to the Complaint Screening Committee of the Attorney Discipline System, to serve three-year terms commencing January 1, 2012 and expiring on December 31, 2014. Martha Dyner is designated vice chair of the committee.

February 2, 2012
ATTEST: Eileen Fox, Clerk of Court
Supreme Court of New Hampshire

NHLAP: A confidential Independent Resource

Home | About the Bar | For Members | For the Public | Legal Links | Publications | Online Store
Lawyer Referral Service | Law-Related Education | NHBA•CLE | NHBA Insurance Agency | NHMCLE
Search | Calendar

New Hampshire Bar Association
2 Pillsbury Street, Suite 300, Concord NH 03301
phone: (603) 224-6942 fax: (603) 224-2910
email: NHBAinfo@nhbar.org
© NH Bar Association Disclaimer