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Bar News - June 18, 2014


Supreme Court Orders

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 temporary amendments to court rules:

I. Electronic Filing Pilot Rules
(These temporary amendments adopt electronic filing rules that will become applicable on a pilot basis in small claims actions in the circuit court – district division as of the date set forth in a circuit court administrative order implementing the electronic filing pilot program in a particular district division location.)

  1. Adopt New Hampshire Circuit Court – District Division Small Claims Electronic Filing Pilot Rules, applicable on a pilot basis in small claims actions in the circuit court – district division, on a temporary basis, as set forth in Appendix A.
II. Circuit Court - District Division Small Claims Actions Pilot Rules
(These temporary amendments, designed to accompany the electronic filing pilot rules, adopt new small claims rules that will become applicable on a pilot basis in small claims actions in the circuit court – district division as of the date set forth in a circuit court administrative order implementing the electronic filing pilot program in a particular district division location.)

  1. Adopt new Small Claims Actions Pilot Rules to Accompany the Electronic Filing Pilot Rules, applicable on a pilot basis, in small claims actions in the circuit court – district division, on a temporary basis, as set forth in Appendix B.
III. Circuit Court – District Division General Rules
(These temporary amendments are designed to facilitate the implementation of the electronic filing rules applicable on a pilot basis, in small claims actions in the circuit court - district division. The amendments will become effective as of the date set forth in a circuit court administrative order implementing the electronic filing pilot program in a particular district division location.)
  1. Amend Circuit Court – District Division Rule 1.8, on a temporary basis, as set forth in Appendix C.
  2. Amend Circuit Court – District Division Rule 1.8-A, on a temporary basis, as set forth in Appendix D.
  3. Amend Circuit Court – District Division Rule 1.3(D), on a temporary basis, as set forth in Appendix E.
Effective Date
These temporary rules shall take effect as of the date set forth in an administrative order by the administrative judge of the circuit court implementing small claims e-filing in the circuit court – district division in a particular district court location, and shall be referred to the Advisory Committee on Rules for its recommendation as to whether they should be adopted on a permanent basis. For a list of the locations in which electronic filing will be, or has been, implemented and a link to the relevant orders, see www.courts.state.nh.us.

Date: June 2, 2014
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, the Supreme Court assesses each member of the association, as of June 1, 2014, as follows, for the purpose of funding the operations of the New Hampshire Supreme Court Attorney Discipline System, including the Professional Conduct Committee.

Membership category Assessment
Active (over three years) $205
Active (through third year of admission) $205
Inactive $10
Active Military and Active Honorary $0
Inactive Retired, Inactive Military and Inactive Honorary $0
Full-time Judicial $0
Part-time Judicial $0
Pro bono Active $0


These assessments are due and payable on or before July 1, 2014. 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, 2014, the names of members who have not fully paid. 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.

Issued: May 20, 2014
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 53.6, the court suspends the $10.00 annual fee imposed to support the operations of the NHMCLE Board.

Issued: May 20, 2014
ATTEST: Eileen Fox, Clerk of Court
Supreme Court of New Hampshire


Pursuant to Part II, Article 73-a of the New Hampshire Constitution, the Supreme Court of New Hampshire issues the following order regarding general fund expenditures by the Judicial Branch.

When state revenue fell short of projections by $22 Million in April 2014, Governor Maggie Hassan announced her plan to freeze generally funded hiring, equipment purchasing, and out-of-state travel expenditures, except when agencies are granted a waiver, and asked that the judicial branch take similar action. On May 22, 2014, the Fiscal Committee approved, and Governor Hassan, signed Executive Order 2014-02 establishing a freeze on some general fund expenditures.

This order is made in an effort to participate in statewide efforts to address the revenue shortfall by reducing New Hampshire Judicial Branch general fund expenditures.

Effective immediately, general fund expenditures for the following New Hampshire Judicial Branch purposes are frozen:
  1. Filling vacant positions;
  2. Out-of-state travel;
  3. Equipment purchases; and
  4. Any other expenditure of $1,000, or more, or smaller expenditures that will commit the New Hampshire Judicial Branch to expenditures greater than $1,000 during the relevant fiscal year.
This order is effective until further notice.

All New Hampshire Judicial Branch judges, marital masters, and non-judicial personnel shall scrutinize and reduce all expenditures in order to support statewide efforts to keep state general fund expenditures within funds available.

The Administrative Judges, Supreme Court Clerk, and Director of the Administrative Office of the Courts (AOC), may request waivers of this freeze by submitting requests to AOC Director Donald Goodnow and to AOC Fiscal Manager Donna Raymond. They will act on requests, discussing requests with the Chief Justice when in doubt.

Every request for a waiver from this order shall include the following information:
  1. how the position or expenditure contributes to the New Hampshire Judicial Branch core purposes;
  2. what work-arounds or alternative solutions have been considered and rejected and why;
  3. projected consequences of not making the requested expenditure; and
  4. whether the expenditure could be delayed and, if so, for how long. The intent of this order is to reduce Judicial Branch expenditures with a minimum of administrative and bureaucratic effort and all involved are directed to maintain their focus on serving the dispute resolution needs of the people of New Hampshire.
Issued: May 28, 2014
ATTEST: Eileen Fox, Clerk of Court
Supreme Court of New Hampshire


ADM-2014-0023
In the Matter of Samantha L. Lincoln, Esquir
e
Samantha L. Lincoln was admitted to the New Hampshire bar on November 21, 2011. In accordance with Rule 42, XIII(a), Attorney Lincoln was required to complete the Practical Skills course within two years of admission. The New Hampshire Bar Association has reported to the court that Attorney Lincoln did not take the Practical Skills course within this two year period, as required. On March 6, 2014, this court issued an order requiring Attorney Lincoln to show cause why she should not be suspended from the practice of law in New Hampshire for failure to attend the Practical Skills course within two years of the date of her admission to the bar. Attorney Lincoln did not respond to the order.

In accordance with Rule 42, XIII(a), Attorney Samantha L. Lincoln is hereby suspended from the practice of law in New Hampshire. The court hereby requires that Attorney Lincoln’s trust accounts and other financial records be audited at her expense.

Attorney Lincoln is ordered to notify her clients in writing that she has been suspended from the practice of law in New Hampshire and to notify the Attorney Discipline Office by Monday, June 16, 2014, that she has completed this task. On or before Thursday, June 26, 2014, the Attorney Discipline Office shall advise the court if it believes that an attorney should be appointed to make an inventory of Attorney Lincoln’s files and to take such action as is necessary to protect the interests of Attorney Lincoln’s clients.

Dalianis, C.J., and Hicks, Conboy, Lynn, and Bassett, JJ., concurred.
Date: May 15, 2014
ATTEST: Eileen Fox, Clerk


ADM-2014-0011
In the Matter of Laird J. Heal, Esquire
On April 14, 2014, Attorney Laird J. Heal was suspended from the practice of law in New Hampshire for failing to pay late fees assessed for late filing of his 2013 trust accounting certificate. Attorney Heal has now paid the late fees assessed. He has filed a motion to vacate the order suspending him from the practice of law in New Hampshire. Treating Attorney Heal’s motion to vacate suspension order as a motion for reinstatement, the court grants the motion. Attorney Heal is reinstated to the practice of law in New Hampshire effective immediately.

Dalianis, C.J., and Hicks, Conboy, Lynn, and Bassett, JJ., concurred.
DATE: May 15, 2014
ATTEST: Eileen Fox, Clerk


ADM-2014-0035
In the Matter of Vaughn Tamzarian, Esquire
On April 23, 2014, this court issued an order for Attorney Vaughn Tamzarian to file his 2013 trust accounting certificate and pay fines of $300 assessed in accordance with Rule 50-A(2), for failing to file the certificate, or be suspended from the practice of law in New Hampshire.

Attorney Tamzarian has neither responded to the order, nor brought himself into compliance with Supreme Court Rule 50-A(2). Accordingly, Attorney Vaughn Tamzarian is hereby suspended from the practice of law in New Hampshire. The court hereby requires that Attorney Tamzarian’s trust accounts and other financial records be audited at his expense.

Attorney Tamzarian 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 Thursday, July 3, 2014, that he has completed this task. On or before Monday, July 14, 2014, the Attorney Discipline Office shall advise the court if it believes that an attorney should be appointed to make an inventory of Attorney Tamzarian’s files and to take action to protect the interests of his clients.

Dalianis, C.J., and Hicks, Conboy, Lynn and Bassett, JJ., concurred.
ISSUED: June 4, 2014
ATTEST: Eileen Fox, Clerk


ADM-2014-0036
In the Matter of Vaughn Tamzarian, Esquire
On April 23, 2014, this court issued an order requiring Attorney Vaughn Tamzarian to file his certificate of compliance with the minimum legal education requirements for the reporting year ending June 30, 2013, and pay late fees assessed, or be suspended from the practice of law in New Hampshire.

Attorney Tamzarian has neither responded to the court’s order, nor brought himself into compliance with Supreme Court Rule 53.7(A)(2). Accordingly, Attorney Vaughn Tamzarian is hereby suspended from the practice of law in New Hampshire. This suspension is in addition to the suspension imposed on June 4, 2014, in ADM-2014-0035, In the Matter of Vaughn Tamzarian, Esquire, for Attorney Tamzarian’s failure to file his 2013 trust accounting certificate.

Dalianis, C.J., and Hicks, Conboy, Lynn and Bassett, JJ., concurred.
ISSUED: June 4, 2014
ATTEST: Eileen Fox, Clerk

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