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Bar News - May 18, 2012


New Hampshire Supreme Court Advisory Committee on Rules Ė Public Hearing Notice

The New Hampshire Supreme Court Advisory Committee on Rules will hold a PUBLIC HEARING at 12:30 p.m. on Friday, June 15, 2012, at the Supreme Court Building on Charles Doe Drive in Concord, to receive the views of any member of the public, the bench, or the bar on court rules changes which the Committee is considering for possible recommendation to the Supreme Court.

Comments on any of the court rules proposals which the Committee is considering for possible recommendation to the Supreme Court may be submitted in writing to the secretary of the Committee at any time on or before June 15, 2012, or may be submitted at the hearing on June 15, 2012. Comments may be e-mailed to the Committee on or before June 15, 2012, at rulescomment@courts.state.nh.us.

Comments may also be mailed or delivered to the Committee at the following address:

N.H. Supreme Court
Advisory Committee on Rules
1 Charles Doe Drive
Concord, NH 03301Any suggestions for rules changes other than those set forth below may be submitted in writing to the secretary of the Committee for consideration by the Committee in the future.

Copies of the specific changes being considered by the Committee are available on request to the secretary of the Committee at the N.H. Supreme Court Building, 1 Charles Doe Drive, Concord, New Hampshire 03301 (Tel. 271-2646). In addition, the changes being considered are available on the Internet (in the Appendix to this Notice of Public Hearing) at www.courts.state.nh.us/committees/adviscommrules/notices.htm

The changes being considered concern the following rules:

I. Parental Notification Rules

(By order dated December 30, 2011, the New Hampshire Supreme Court adopted, on a temporary basis, a number of rule amendments to comply with RSA 132:32-36 and referred the amendments to the Advisory Committee on Rules for its recommendation as to whether they should be adopted on a permanent basis. RSA 132:32-36, effective January 1, 2012, requires parental notification before abortions can be performed on unemancipated minors. The statute provides that a minor may petition "a court of competent jurisdiction" for an order authorizing an abortion without notification. If a court denies the petition, the minor may file an expedited confidential appeal to the New Hampshire Supreme Court. The following temporary rule amendments relate to the filing of a petition for waiver of parental notice prior to abortion in superior court, and for the filing of an appeal if the petition is denied. The rule amendments are currently in effect on a temporary basis, and the Committee is considering recommending to the Supreme Court that they be adopted on a permanent basis.)

1. Adopt Superior Court Rules 215-222, regarding petitions for waiver of parental notice prior to abortion pursuant to RSA 132:34, on a permanent basis, as set forth in Appendix A.

2. Amend Supreme Court Rule 7, regarding appeals from trial court decisions on the merits, on a permanent basis, as set forth in Appendix B.

3. Adopt Supreme Court Rule 7-B, regarding appeals from lower court decisions on parental notification prior to abortion, on a permanent basis, as set forth in Appendix C.

4. Adopt Supreme Court Rule 32-B, regarding counsel in appeals from lower court decisions on parental notification prior to abortion, on a permanent basis, as set forth in Appendix D.

5. Amend Supreme Court Rule 48, regarding counsel fees and expenses in other indigent cases, on a permanent basis, as set forth in Appendix E.

6. Amend Supreme Court Rule 48-A, regarding guardians ad litem fees in indigent cases, on a permanent basis, as set forth in Appendix F.

II. Admission to the Bar; Board of Bar Examiners; Character and Fitness Committee; Uniform Bar Examination

(By order dated April 27, 2012 the New Hampshire Supreme Court amended, on a temporary basis, effective September 1, 2012, New Hampshire Supreme Court Rule 42, creating an Office of Bar Admissions, clarifying the duties and responsibilities of the Board of Bar Examiners and the Character and Fitness Committee and setting forth an appellate process for applicants who have received a negative decision from the Board of Bar Examiners regarding their eligibility for admission, a request for testing accommodation and an accusation of misconduct during the bar examination. The New Hampshire Supreme referred the temporary amendment to the Advisory Committee on Rules for its recommendation as to whether it should be adopted on a permanent basis. The Committee is considering recommending both that the Court adopt the temporary amendment on a permanent basis and that the Court adopt additional amendments to make New Hampshire a Uniform Bar Examination jurisdiction.)

1. Amend Supreme Court Rule 42, regarding admission to the Bar, Board of Bar Examiners, Character and Fitness Committee, and the Uniform Bar Examination, on a permanent basis, as set forth in Appendix G.

III. Committee on Judicial Conduct

(The Committee on Judicial Conduct has proposed a number of amendments to the procedural rules of the Committee on Judicial Conduct.)


1. Amend Supreme Court Rule 40, regarding procedural rules of the Committee on Judicial Conduct, as set forth in Appendix H.

IV. Preservation of Issues for Appeal

(The proposed amendments to Superior Court Rule 59-A, Circuit Court-District Division Rule 3.11(E), Circuit Court-Probate Division Rule 59-A, and Circuit Court-Family Division Rule 1.26(F) would include in the rules the requirement, set forth in New Hampshire Depít of Corrections v. Butland, 147 N.H. 676, 679 (2002), that in order to preserve issues for appeal, any issues which could not have been presented to the trial court prior to its decision must be presented to the trial court in a motion for reconsideration.)


1. Amend Superior Court Rule 59-A, as set forth in Appendix I.

2. Amend Circuit Court-District Division Rule 3.11(E), as set forth in Appendix J.

3. Amend Circuit Court-Probate Division Rule 59-A, as set forth in Appendix K.

4. Amend Circuit Court-Family Division Rule 1.26(F), as set forth in Appendix L.

V. Counsel in Guardianship, Involuntary Admission, and Termination of Parental Rights Cases

(The proposed amendment to Supreme Court Rule 32-A, governing the appointment of appellate counsel in certain non-criminal cases, would include in the rule civil commitment cases filed under RSA 135-E and involuntary admission cases filed under RSA 171-B.)

1. Amend Supreme Court Rule 32-A, as set forth in Appendix M.

VI. Appellate Mediation

(The proposed amendment to Supreme Court Rule 12-A would allow retired marital masters to serve as mediators in family law appeals.)

1. Amend Supreme Court Rule 12-A, regarding appellate mediation, as set forth in Appendix N.


New Hampshire Supreme Court Advisory Committee on Rules
By: Robert J. Lynn, Chairpersonand Carolyn A. Koegler, Secretary
May 10, 2012


If you are in doubt about the status of any meeting, please call the Bar Center at 603-224-6942 before you head out.

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