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Bar News - October 18, 2013


Supreme Court Orders

Pursuant to Supreme Court Rule 38-A, the Supreme Court reappoints Attorney Philip Cross to the Advisory Committee on Judicial Ethics, to serve a term expiring on September 1, 2015. The Supreme Court also appoints Circuit Court Judge Thomas A. Rappa, Jr., and Superior Court Judge John C. Kissinger, Jr., to the Advisory Committee on Judicial Ethics, to serve terms expiring on September 1, 2016.

Issued: September 12, 2013
ATTEST: Eileen Fox, Clerk of Court
Supreme Court of New Hampshire


LD-2009-0010
In the Matter of Nancy S. Tierney

The court on September 13, 2013, issued the following order:

The parties’ joint motion for a permanent stay of the one-year suspension of Attorney Tierney from the practice of law is granted.

Dalianis, C.J., and Hicks, Conboy, Lynn, and Bassett, JJ., concurred.
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. Rules of the Superior Court of the State of New Hampshire Applicable in Civil Actions

(These amendments adopt Rules 32, 33, 34 and 201 and amend Rules 9 and 39 of the Rules of the Superior Court of the State of New Hampshire Applicable in Civil Actions filed or pending on or after October 1, 2013.)

1. Adopt Rule 32 of the Rules of the Superior Court of the State of New Hampshire Applicable in Civil Actions, as set forth in Appendix A.

2. Adopt Rule 33 of the Rules of the Superior Court of the State of New Hampshire Applicable in Civil Actions, as set forth in Appendix B.

3. Adopt Rule 34 of the Rules of the Superior Court of the State of New Hampshire Applicable in Civil Actions, as set forth in Appendix C.

4. Adopt Rule 201 of the Rules of the Superior Court of the State of New Hampshire Applicable in Civil Actions, as set forth in Appendix D.

5. Amend Rule 9 of the Rules of the Superior Court of the State of New Hampshire Applicable in Civil Actions, as set forth in Appendix E.

6. Amend Rule 39 of the Rules of the Superior Court of the State of New Hampshire Applicable in Civil Actions, as set forth in Appendix F.

II. Rules of the Superior Court of the State of New Hampshire Applicable in Criminal Cases Filed in Superior Court and in Domestic Relations Cases Filed in the Cheshire County Superior Court

(These amendments delete the PAD Pilot Rules of the Rules of the Superior Court of the State of New Hampshire Applicable in Criminal Cases Filed in Superior Court and in Domestic Relations Cases Filed in the Cheshire County Superior Court. The PAD Pilot Rules have been integrated into the Rules of the Superior Court of the State of New Hampshire Applicable in Civil Actions and are not applicable in criminal cases filed in Superior Court or domestic relations cases filed in the Cheshire County Superior Court.)

1. Delete the PAD Pilot Rules of the Rules of the Superior Court of the State of New Hampshire Applicable in Criminal Cases Filed in Superior Court and in Domestic Relations Cases Filed in the Cheshire County Superior Court, as set forth in Appendix G.

Effective Date

The amendments shall take effect October 1, 2013.

Date: September 24, 2013
ATTEST: Eileen Fox, Clerk of Court Supreme Court of New Hampshire


LD-2013-0008
In the Matter of Lawrence A. Buswell

The court on September 23, 2013, issued the following order:

On July 19, 2013, the court was advised by the Attorney Discipline Office (ADO) that Attorney Lawrence A. Buswell, Jr., was charged by complaint with two charges of felonious sexual assault; that Attorney Buswell waived a probable cause hearing in the circuit court on the charges; and that the charges were bound over to the superior court for consideration by a grand jury. The ADO recommended that Attorney Buswell be suspended from the practice of law pending resolution of the criminal charges. Attorney Buswell objected to the ADO’s recommendation, arguing that he should not be suspended on an interim basis pending resolution of the criminal charges.

On August 16, 2013, the court appointed retired Supreme Court Justice James E. Duggan to serve as referee and to hold a hearing on the issue of whether Attorney Buswell should be suspended on an interim basis. The court directed the referee to submit a recommendation after the hearing as to whether an interim suspension is necessary for the protection of the public and the preservation of the integrity of the legal profession. See Rule 37(9)(i) and(16)(f); Reiner’s Case, 152 N.H. 163 (2005).

On September 10, 2013, the referee held a hearing on the issue of whether Attorney Buswell should be suspended on an interim basis. On September 23, 2013, the referee report and recommendation was filed with the court. The referee found that the ADO had proven by a preponderance of the evidence that an interim suspension of Attorney Buswell is necessary for the preservation of the integrity of the legal profession and for the protection of the public. Accordingly, the referee recommended that the court suspend Attorney Buswell from the practice of law on an interim basis pending resolution of the criminal charges. A copy of the referee report and recommendation will be provided to the parties with this order.

The court has reviewed the referee’s report and recommendation. Based on the referee’s findings, the court concludes that Attorney Buswell’s immediate suspension is necessary to protect the public and to preserve the integrity of the legal profession. See Rule 37(16)(f); Reiner’s Case, 152 N.H. 163 (2005).

Accordingly, it is hereby ordered:

(1) In accordance with Rule 37(9)(i), Attorney Buswell is suspended from the practice of law in New Hampshire pending resolution of the criminal charges against him and further order of this court.

(2) Copies of this order shall be sent to Attorney Buswell and his counsel by first class mail.

(3) Attorney Buswell is enjoined from transferring, assigning, hypothecating, or in any manner disposing of or conveying any assets of clients, whether real, personal, beneficial or mixed.

On or before September 30, 2013, Attorney Buswell and the ADO shall advise the court whether they intend to challenge the referee’s factual findings and rulings of law. See Reiner’s Case, 152 N.H. 594, 597 (2005). If either party notifies the court of its/his intent to challenge the referee’s findings or rulings, a transcript of the hearing before the referee will be prepared and an order for briefing will be issued thereafter.

On or before October 3, 2013, the ADO shall advise the court if it believes that an attorney should be appointed to make an inventory of Attorney Buswell’s files and to take action to protect the interests of Attorney Buswell’s clients.

Dalianis, C.J., and Hicks, Conboy, Lynn, and Bassett, JJ., concurred.
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. Rules of Professional Conduct

(This temporary amendment adds paragraph (c) to Rule of Professional Conduct 1.7. Paragraph (c) creates an exception to the strict requirements of paragraphs (a) and (b) of the rule and applies only to New Hampshire Public Defender attorneys representing defendants at arraignment.)

1. Amend Rule 1.7 of the Rules of Professional Conduct, on a temporary basis, as set forth in Appendix A.

Effective Date

This temporary amendment shall take effect immediately 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: October 2, 2013
Eileen Fox, Clerk of Court
Supreme Court of New Hampshire


In accordance with Rule 42(II)(a), the court reappoints the following persons to the Committee on Character and Fitness:

1. Attorney Bennette Pizzimenti, a member of the Professional Conduct Committee, is reappointed to serve a term expiring on October 1, 2015;

2. Attorney Willard Martin, a member of the Board of Bar Examiners, is reappointed to serve a term expiring on October 1, 2015;

3. Attorney Joseph F. McDowell, III, is reappointed to serve a term expiring on October 1, 2016;

4. Attorney David H. Bradley is reappointed to serve a term expiring on October 1, 2016.

Issued: October 7, 2013
ATTEST: Eileen Fox, Clerk
Supreme Court of New Hampshire

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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