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Bar News - January 18, 2013


Supreme Court Orders

LD-2012-0013
In the Matter of Lisa A. Biron

On November 21, 2012, the Attorney Discipline Office (ADO) filed certified copies of the indictments filed in United States District Court for the District of New Hampshire of Attorney Lisa Biron for one count of transportation with intent to engage in criminal sexual activity, four counts of sexual exploitation of children, and one count of possession of child pornography. When it filed the indictments, the ADO advised the court that it did not recommend that the court take any action against Attorney Biron "at this time."

On November 28, 2012, the court issued an order requiring the ADO to provide additional information about the pending charges and to explain the basis for its recommendation. The order also permitted Attorney Biron to file a memorandum addressing whether she should be suspended on an interim basis pending resolution of federal and state criminal charges.

By letter dated November 29, 2012, which was received by the court on December 4, 2012, Attorney Biron notified the court that she agreed to an interim suspension.

On December 5, 2012, the ADO filed a petition for immediate interim suspension of Attorney Biron from the practice of law. The petition states that the U.S. District Court Magistrate Judge Landya McCafferty had issued an order for Attorney Biron’s detention pending trial, finding that "there are no conditions or combination of conditions of release that will reasonably assure the safety of the community." The ADO asserts that Attorney Biron’s immediate interim suspension from the practice of law is necessary for the protection of the public and the preservation of the integrity of the legal profession.

Supreme Court Rule 37(9)(i) provides:
Whenever an attorney is indicted or bound over for any felony, the court shall take such actions as it deems necessary, including but not limited to the suspension of the attorney.
This court has stated that it may impose an interim suspension pending the resolution of criminal charges in accordance with this provision when it is deemed necessary: (1) for the protection of the public and; (2) for the preservation of the integrity of the legal profession. See Rule 37(16)(f); Reiner’s Case, 152 N.H.163, 168 (2005).

Based on the information submitted by the ADO in its petition, the court finds that Attorney Biron’s immediate suspension from the practice of law is necessary to protect the public and to preserve the integrity of the legal profession. See Rule 37(16)(d) and (f). The court notes that Attorney Biron agrees to an interim suspension. Accordingly, it is hereby ordered:

1. Attorney Lisa A. Biron is immediately suspended from the practice of law in New Hampshire on a temporary basis pending further order of this court.

2. Attorney Biron is enjoined from transferring, assigning, hypothecating, or in any manner disposing of or conveying any assets of clients, whether real, personal, beneficial or mixed; and

3. A copy of this order and of the Attorney Discipline Office’s filing shall be served on Attorney Biron by first class mail and certified mail, return receipt requested. A copy of this order shall also be sent to the ADO by first class mail.

Dalianis, C.J., and Hicks, Conboy, Lynn, and Bassett, JJ., concurred.
DATE: December 7, 2012
ATTEST: Eileen Fox, Clerk


In accordance with the provisions of RSA 100-C:11, II, Supreme Court Chief Justice Linda S. Dalianis, with the advice and consent of Superior Court Chief Justice Tina L. Nadeau, Circuit Court Administrative Judge Edwin W. Kelly, and Circuit Court Deputy Administrative Judge David D. King, reappoints District Division Judge Edward Gordon to the Board of Trustees of the Judicial Retirement Plan, to serve a three-year term commencing September 25, 2012, and expiring on September 25, 2015.

December 20, 2012
ATTEST: Eileen Fox, Clerk of Court
Supreme Court of New Hampshire


ADM-2012-0104
In the Matter of Catherine Tucker, Esquire

On December 6, 2012, Attorney Catherine Tucker was suspended from the practice of law in New Hampshire for failing to pay late fees assessed for late filing of her 2012 trust accounting certificate. Attorney Tucker has now paid the late fees assessed and has requested that she be reinstated to the practice of law in New Hampshire.

Attorney Tucker’s request for reinstatement is granted. Attorney Tucker is reinstated to the practice of law in New Hampshire effective immediately.

Dalianis, C.J., Hicks, Conboy, Lynn, and Bassett, JJ., concurred.
DATE: December 21, 2012
ATTEST: Eileen Fox, Clerk


ADM-2012-0101
In the Matter of Michael S. Reese, Esquire

On December 6, 2012, Attorney Michael S. Reese was suspended from the practice of law in New Hampshire for failing to pay late fees assessed for late filing of his 2012 trust accounting certificate. Attorney Reese has now paid the late fees assessed and has requested that he be reinstated to the practice of law in New Hampshire.

Attorney Reese’s request for reinstatement is granted. Attorney Reese is reinstated to the practice of law in New Hampshire effective immediately.

Dalianis, C.J., Hicks, Conboy, Lynn, and Bassett, JJ., concurred.
DATE: December 21, 2012
ATTEST: Eileen Fox, Clerk


ADM-2012-0034
In the Matter of Heather M. Williams, Esquire

Heather M. Williams, Esquire was admitted to the New Hampshire bar on May 26, 2010. In accordance with Rule 42(7)(a) (now Rule 47, XII (a)), Attorney Williams was required to complete the Practical Skills course within two years of admission. The New Hampshire Bar Association reported to the court that Attorney Williams did not take the Practical Skills course within this two-year period as required. On July 5, 2012, this court issued an order requiring Attorney Williams to show cause why she should not be suspended from the practice of law in New Hampshire for failing to attend a practical skills course within two years of the date of her admission to the bar. Attorney Williams did not respond to the show cause order.

In accordance with Rule 42(7)(a) (now Rule 47, XII (a)), Attorney Williams is hereby suspended from the practice of law in New Hampshire. This suspension is in addition to the suspension imposed on August 16, 2012, in ADM-2012-0046, In the Matter of Heather M. Williams, Esquire for failure to pay 2011/2012 bar dues.

If Attorney Williams should seek readmission to the bar in the future, she shall be required to complete the Practical Skills course in addition to satisfying the other requirements of Rule 37(15).

Dalianis, C.J., and Hicks, Conboy, Lynn and Bassett, JJ., concurred.
Date: December 21, 2012
ATTEST: Eileen Fox, Clerk


ADM-2012-0097
In the Matter of Adam M. Mackler, Esquire

On November 1, 2012, November 27, 2012, and December 11, 2012, this court issued orders for Attorney Mackler to pay the $100 fee assessed for late filing of his 2012 trust accounting certificate, or be suspended from the practice of law in New Hampshire. Attorney Mackler responded to the order, but did not bring himself into compliance with Supreme Court Rule 50-A(2).

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

Attorney Mackler 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 Tuesday, January 22, 2013, that he has completed this task. On or before Friday, February 1, 2013, the Attorney Discipline Office shall advise the court if it believes that an attorney should be appointed to make an inventory of Attorney Mackler’s files and to take action to protect the interests of his clients.

Dalianis, C.J., and Hicks, Conboy, Lynn, and Bassett, JJ., concurred.
DATE: December 21, 2012
ATTEST: Eileen Fox, Clerk


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. PROCEDURAL RULES OFTHE COMMITTEE ON JUDICIAL CONDUCT

(The following amendments to Supreme Court Rule 40 change the procedures of the Committee on Judicial Conduct.)

1. Amend Supreme Court Rule 40 as set forth in Appendix A.

II. ADMISSION TO THE BAR; BOARD OF BAR EXAMINERS; CHARACTER AND FITNESS COMMITTEE; UNIFORM BAR EXAMINATION

(Supreme Court Rule 42, which was amended on a temporary basis, is adopted on a permanent basis with additional amendments making New Hampshire a Uniform Bar Examination Jurisdiction.)

1. Adopt on a permanent basis Supreme Court Rule 42, which has been in effect on a temporary basis, and further amend the rule as set forth in Appendix B.

III. APPELLATE MEDIATION

(The following amendments to Supreme Court Rule 12-A allow retired full-time marital masters to serve as appellate mediators and make other technical changes to the rule.)

1. Amend Supreme Court Rule 12-A as set forth in Appendix C.

IV. COUNSEL IN GUARDIANSHIP, INVOLUNTARY ADMISSION, AND TERMINATION OF PARENTAL RIGHTS CASES

(These amendments to Supreme Court Rule 32-A add cases filed under RSA 135-E and 171-B to the list of involuntary admission cases governed by Rule 32-A and make other technical changes to the rule.)

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

V. REPRESENTATION BY NON-LAWYERS

(The following amendments require non-lawyer advocates to disclose cases in which their appearance has been disallowed or revoked.)

1. Amend Supreme Court Rule 33(2)(b) as set forth in Appendix E.

2. Amend Superior Court Rule 14(c) as set forth in Appendix F.

3. Amend Circuit Court – District Division Rule 1.3(D)(1) as set forth in Appendix G.

4. Amend Circuit Court – Probate Division Rule 14 as set forth in Appendix H.

5. Amend Circuit Court Family Division Rule 1.18 as set forth in Appendix I.

VI. PUBLIC PROTECTION FUND

(The following amendment makes the Bar Association Annual Report to the Supreme Court, regarding the claims made and paid during the year and about the condition of the public protection fund in general, available to the public.)

1. Amend Supreme Court Rule 55 as set forth in Appendix J.

VII. SUPREME COURT BRIEFS

(The following amendment clarifies that an appealing party must include a copy of the decision being appealed in its brief, and not in a separate appendix.)

1. Amend Supreme Court Rule 16(3)(i) as set forth in Appendix K.

VIII. RULE-MAKING PROCEDURES

(The following amendments to Supreme Court Rules 51(2)(f) and 51(3)(a) require that the Advisory Committee on Rules submit a final draft of any proposed rules or amendments to the Clerk of Court on or before August 1, rather than on or before June 1.)

1. Amend Supreme Court Rule 51 as set forth in Appendix L.

IX. TEMPORARY RULES CURRENTLY IN EFFECT

(The following rules, which have been in effect on a temporary basis, are adopted on a permanent basis.)

A. Administrative Judges and Administrative Council

1. Adopt Supreme Court Rule 54 on a permanent basis and adopt an additional amendment to Supreme Court Rule 54, on a temporary basis, as set forth in Appendix M.

B. Minimum Continuing Legal Education

1. Amend Supreme Court Rule 53.2, on a permanent basis, as set forth in Appendix N.

C. Circuit Court Judicial Certification

1. Adopt Supreme Court Rule 61, on a permanent basis, as set forth in Appendix O.

D. Parental Notification Rules

1. Adopt Superior Court Rules 215-222, on a permanent basis, as set forth in Appendix P.

2. Amend Supreme Court Rule 7, on a permanent basis, as set forth in Appendix Q.

3. Adopt Supreme Court Rule 7-B, on a permanent basis, as set forth in Appendix R.

4. Amend Supreme Court Rule 32-B, on a permanent basis, as set forth in Appendix S.

5. Amend Supreme Court Rule 48, on a permanent basis, as set forth in Appendix T.

6. Amend Supreme Court Rule 48-A, on a permanent basis, as set forth in Appendix U.

E. Circuit Court Rules

1. Amend Supreme Court Rule 1, on a permanent basis, as set forth in Appendix V.

2. Amend the Preface to Superior Court Rules, on a permanent basis, as set forth in Appendix W.

3. Adopt Superior Court Administrative Rules 12-19, on a permanent basis, as set forth in Appendix X.

4. Amend the Title of the Rules of the District Court, on a permanent basis, as set forth in Appendix Y.

5. Adopt Circuit Court – District Division Rule 1.1B, on a permanent basis, as set forth in Appendix Z.

6. Amend the Title of Rules of Probate Court, on a permanent basis, as set forth in Appendix AA.

7. Amend the Preface to Circuit Court – Probate Division Rules, on a permanent basis, as set forth in Appendix BB.

8. Amend the Title of Rules of the Family Division, on a permanent basis, as set forth in Appendix CC.

9. Amend Circuit Court – Family Division Rule 1.1, on a permanent basis, as set forth in Appendix DD.

10. Amend N.H. Rules of Evidence 1101(a), on a permanent basis, as set forth in Appendix EE.

11. Amend System-Wide Guardian Ad Litem Application, Certification and Practice Rule 1.1, on a permanent basis, as set forth in Appendix FF.

X. TECHNICAL AMENDMENTS

(The following amendments make technical changes to the rules.)

1. Amend Circuit Court – Family Division Rule 1.25-A(B)(1)(h), as set forth in Appendix GG.

2. Amend Rule 1.10 of the Rules of Professional Conduct, as set forth in Appendix HH.

3. Amend Rule 1.16(d) of the Rules of Professional Conduct, as set forth in Appendix II.

XI. TRANSCRIPTS OF COURT PROCEEDINGS

(The following temporary amendments to Supreme Court Rule 59 provide that a previously prepared transcript can be requested from the transcriber or the court of record, but that the court of record may require the person requesting the transcript to obtain it from the transcriber).

1. Amend Supreme Court Rule 59, on a temporary basis, as set forth in Appendix JJ.

Effective Date

The amendments set forth in Appendices A and C through JJ shall take effect March 1, 2013. The amendment in Appendix B shall take effect on August 1, 2013. The temporary amendments in Appendices M and JJ shall be referred to the Advisory Committee on Rules for its recommendation as to whether they should be adopted on a permanent basis.

January 2, 2013
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(A)(7), the Supreme Court of New Hampshire adopts, on a temporary basis, the following amendments to court rules:

I. Superior Court PAD Pilot Rules—Proportional Discovery/Automatic Disclosure Pilot Project

(The following amendment make the temporary Superior Court PAD Pilot Rules, currently applicable in the Superior Courts for Carroll County, Hillsborough County, Northern and Southern Judicial Districts, and Strafford County, applicable in the Superior Courts for Belknap County, Cheshire County, Coos County, Grafton County, Merrimack County, Rockingham County, and Sullivan County, effective March 1, 2013.)

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 A.

Effective Date

The temporary amendment in Appendix A shall take effect on March 1, 2013, and shall be referred to the Advisory Committee on Rules for its recommendation as to whether it should be adopted on a permanent basis.

Date: January 9, 2013
ATTEST: Eileen Fox, Clerk of Court
Supreme Court of New Hampshire

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