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

Keep your contact information up-to-date.

Visit the NH Bar Association's Lawyer Referral Service (LRS) website for information about how our trained staff can help you find an attorney who is right for you.
New Hampshire Bar Association
Lawyer Referral Service Law Related Education NHBA CLE NHBA Insurance Agency
MyNHBar
Member Login
Member Portal
Casemaker

Bar News - August 17, 2012


Supreme Court Orders

Pursuant to Supreme Court Rule 37(5), the Supreme Court appoints Janet L. Ackerman to the Complaint Screening Committee of the Attorney Discipline System, to serve the remainder of a three-year term which expires on December 31, 2013. Ms. Ackerman is appointed to replace John T. Sheehan, who was unable to continue serving on the committee.

Dalianis, C.J., and Hicks, Conboy and Lynn, JJ., concurred.
July 16, 2012
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, on a temporary basis, the following amendments to court rules.

I. Parental Notification Prior to Abortion

(RSA 132:34, II, relating to the filing of a petition for a waiver of parental notice prior to abortion and for the filing of an appeal if the petition is denied, was amended effective May 23, 2012. The following amendments to the temporary rules adopted by court order on December 30, 2011 bring the temporary rules into compliance with the amended statute).

1. Amend temporary Superior Court Rule 218, regarding scheduling a hearing on a petition for waiver of parental notification prior to abortion pursuant to RSA 132:34, on a temporary basis, as set forth in Appendix A.

2. Amend temporary Superior Court Rule 219, regarding a ruling on a petition for waiver of parental notification prior to abortion, on a temporary basis, as set forth in Appendix B.

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

II. Judicial Performance Evaluations

(RSA 490:32, relating to Judicial Performance Evaluations, was recently amended effective July 22, 2012. The following amendments to Supreme Court Rule 56 bring the rule into compliance with the amended statute).

1. Amend Supreme Court Rule 56, regarding Performance Evaluations of Judges, on a temporary basis, as set forth in Appendix D.

III. Law Clerk Code of Conduct

(The following amendment to Supreme Court Rule 46, relating to the Law Clerk Code of Conduct, governs law clerks’ use of writing samples for job search purposes.)

1. Amend Supreme Court Rule 46, Canon 2, regarding the Law Clerk Code of Conduct, on a temporary basis, as set forth in Appendix E.

IV. Superior Court PAD Pilot Rules—Proportional Discovery/Automatic
Disclosure Pilot Project for Carroll and Strafford County Superior Courts

(The following amendments make the temporary Superior Court PAD Pilot Rules, currently applicable in the Superior Courts for Carroll and Strafford Counties, applicable to the Superior Courts for Hillsborough County – Northern Judicial District and Hillsborough County – Southern Judicial District, effective October 1, 2012).

1. Amend the temporary Superior Court PAD Pilot Rules, regarding pleadings allowed, case structuring orders, and discovery procedures, on a temporary basis, as set forth in Appendix F.

Effective Dates

The temporary amendments in Appendices A, B, C, E and F shall take effect immediately, and shall be referred to the Advisory Committee on Rules for its recommendation as to whether they should be adopted on a permanent basis. The temporary amendments in Appendix D shall take effect on July 22, 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: July 17, 2012
ATTEST: Eileen Fox, Clerk of Court
Supreme Court of New Hampshire


The Supreme Court of New Hampshire hereby reappoints Frederick J. Coolbroth, of Meredith, Doreen Connor, of Henniker, and Gordon J. MacDonald, of Deering, to serve as members of the board of bar examiners for three-year terms expiring on November 1, 2014. Attorney MacDonald shall continue to serve as chair of the board.

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


The Supreme Court of New Hampshire, pursuant to Rule 53.8, hereby reappoints Barry M. Scotch to the Minimum Continuing Legal Education Board to serve a three-year term commencing on February 14, 2012, and expiring on February 14, 2015.

June 25, 2012
ATTEST: Eileen Fox, Clerk
Supreme Court of New Hampshire


The Supreme Court of New Hampshire, pursuant to Rule 53.8, hereby appoints Attorney Courtney Brooks, the Assistant Director of Externship Programs at the University of New Hampshire School of Law, to the Minimum Continuing Legal Education Board to serve the remainder of a three-year term that expires on February 14, 2015. Attorney Brooks is appointed to replace Attorney Charles Temple who resigned from the board due to other commitments.

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


LD-2012-0005
In the Matter of David M. Wagner

A certified copy of the judgment of the United States District Court for the Eastern District of Missouri in United States v. David M. Wagner has been filed with this court. The judgment states the Attorney David M. Wagner pleaded guilty to one count of theft of government funds in violation of 18 U.S.C § 641. The court concludes that this conviction constitutes a "serious crime," as defined by Supreme Court Rule 37(9)(b), and that Attorney Wagner’s immediate suspension is necessary to protect the public and to preserve the integrity of the legal profession. See Rule 37(16)(d) and (f). Accordingly, it is hereby ordered:

(1) In accordance with Rule 37(9)(a), Attorney David M. Wagner is immediately suspended from the practice of law in New Hampshire until further order of this court.

(2) This order and a copy of the judgment in United States v. David M. Wagner shall be served on Attorney Wagner by first class and certified mail.

(3) Attorney Wagner may show cause on or before ten days from the date of service why the suspension should be lifted.

(4) In accordance with Rule 37(9)(d), on or before August 24, 2012, Attorney Wagner shall show cause why he should not be disbarred as a result of his conviction.

Dalianis, C.J., and Hicks and Conboy, JJ., concurred.
DATE: July 25, 2012
ATTEST: Eileen Fox, Clerk


The Supreme Court appoints Associate Justice James P. Bassett to serve on the Access to Justice Commission, which was established by Supreme Court order dated January 12, 2007. Justice Bassett is appointed to serve a three-year term commencing August 1, 2012, and expiring July 31, 2015.

July 25, 2012
ATTEST: Eileen Fox, Clerk of Court
Supreme Court of New Hampshire


In accordance with Supreme Court Rule 37(3)(d), the Supreme Court appoints Lisa Wellman-Ally, Vice President of the New Hampshire Bar Association, to serve as the Board of Governors’ representative on the Professional Conduct Committee, for a term commencing August 1, 2012, and expiring on August 1, 2013.

August 7, 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