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Bar News - June 15, 2012


Supreme Court Orders

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, 2012, 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, 2012, 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, 2012, 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, 2012, the names of those members responsible for the assessment who have not fully paid.

May 15, 2012
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, 2012, and ending May 31, 2013.

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, 2012, as follows, for the purpose of funding the Lawyers Assistance Program (LAP).

Membership Category LAP
Assessment
Active over three years $15
Judicial $15
Active three years and under $15
Inactive $15
Inactive retired $5
Pro bono active $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, 2012. 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, 2012, the names of those members responsible for the assessment who have not fully paid.

May 15, 2012
ATTEST: Eileen Fox, Clerk of Court
Supreme Court of New Hampshire


ADM-2012-0021
In the Matter of Kenneth E. Churbuck, Esquire

On March 26, 2012, the court issued an order requiring Attorney Kenneth E. Churbuck to file his certificate of compliance with the minimum continuing legal education requirements of Rule 53 for the reporting year ending June 30, 2011, and to pay the late fees assessed, or be suspended from the practice of law in New Hampshire. Attorney Churbuck has neither responded to the show cause order, nor brought himself into compliance with Supreme Court Rule 53.

Attorney Kenneth E. Churbuck is hereby suspended from the practice of law in New Hampshire. The court hereby requires that Attorney Churbuck’s trust accounts and other financial records be audited at his expense.

Attorney Churbuck is ordered to notify his clients in writing that he has been suspended from the practice of law in New Hampshire and to notify the Attorney Discipline Office by Friday, June 15, 2012, that he has completed this task. On or before Monday, June 25, 2012, the Attorney Discipline Office shall advise the court if it believes that an attorney should be appointed to make an inventory of Attorney Churbuck’s files and to take action to protect the interests of his clients.

Dalianis, C.J., and Hicks, Conboy and Lynn, JJ., concurred.
ISSUED: May 16, 2012
ATTEST: Eileen Fox, Clerk


In accordance with Supreme Court Rule 39(2)(a)(1), the Supreme Court reappoints the Honorable John A. Korbey, a retired district court judge, to the Committee on Judicial Conduct, to serve a three-year term commencing on July 1, 2012, and expiring on July 1, 2015.

May 18, 2012
ATTEST: Eileen Fox, Clerk of Court
Supreme Court of New Hampshire


LD-2012-0006
In the Matter of Richard Boire, Esquire

The Attorney Discipline Office (ADO) filed an assented-to petition for temporary suspension of Attorney Richard Boire from the practice of law pursuant to Supreme Court Rule 37(10)(b) and (c) on the ground that Attorney Boire is medically incapacitated and unable to practice law. Attorney Boire’s spouse, Theresa Boire, who was appointed by Attorney Boire on July 8, 2003, to act as his attorney-in-fact under a Durable Power of Attorney for Financial Matters, assents to the relief requested in the petition.

In accordance with Rule 37(10)(b) and (c), Attorney Richard Boire is hereby suspended from the practice of law in New Hampshire pending further order of this court and a determination that he is medically able to practice law. This suspension shall be effective on the date of this order.

The pending disciplinary matter involving Attorney Boire is stayed pending review of Attorney Boire’s medical condition and capacity to participate in the matter.

This order shall be public.

Dalianis, C.J., and Hicks, Conboy and Lynn, JJ., concurred.
DATE: May 25, 2012
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.

June 4, 2012
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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