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Bar News - January 21, 2015


Supreme Court Orders

In accordance with Supreme Court Rule 37(4)(a), the court appoints Attorney Barbara Keshen to the Hearings Committee of the Attorney Discipline System, replacing Attorney Melissa C. Guldbrandsen, whose term expires on December 31, 2014, and who is not eligible for reappointment. Attorney Keshen is appointed to a three-year term commencing January 1, 2015, and expiring December 31, 2017.

Issued: December 15, 2014
ATTEST: Eileen Fox, Clerk of Court
Supreme Court of New Hampshire


In accordance with Supreme Court Rule 37(3)(a), the court reappoints Richard H. Darling and Susan R. Chollet to the Professional Conduct Committee, to serve three-year terms commencing January 1, 2015, and expiring December 31, 2017.

In accordance with Supreme Court Rule 37(3)(a), the court appoints Attorney Margaret R. Kerouac and Attorney Mona Movafaghi to the Professional Conduct Committee of the Attorney Discipline System, replacing Attorney Benette Pizzimenti and Alan J. Cronheim, whose terms have expired and who are not eligible for reappointment having served three terms. The terms of Attorney Kerouac and Attorney Movafaghi shall commence January 1, 2015, and expire December 31, 2017.

The court designates Attorney Heather Krans as vice-chair of the Professional Conduct Committee.

Issued: December 15, 2014
ATTEST: Eileen Fox, Clerk of Court
Supreme Court of New Hampshire


In accordance with Supreme Court Rule 37(5)(a), the court appoints Attorney Sally Mulhern to the Complaint Screening Committee, to serve a three-year term commencing January 1, 2015, and expiring December 31, 2017. Attorney Mulhern is appointed to replace Attorney Ronna F. Wise, whose term expires December 31, 2014, and who is not eligible for reappointment.

The court appoints Attorney Julian B. Jefferson to the Complaint Screening Committee, to serve the remainder of a three-year term expiring December 31, 2016. Attorney Jefferson is appointed to replace Attorney Keriann Roman, who resigned from the committee due to other commitments.

The court appoints Mr. Jules J. Brayman and Mr. Guy D. Chapdelaine to the Complaint Screening Committee, to serve three-year terms commencing January 1, 2015, and expiring December 31, 2017. Mr. Brayman and Mr. Chapdelaine are appointed to replace Marthe F. Dyner and Stephen A. Bartlett, whose terms expire December 31, 2014, and who are not eligible for reappointment.

The court designates the Honorable Peter Fauver to serve as chair of the Complaint Screening Committee and Mr. Peter Kiriakoutos to serve as vice-chair of the committee, effective January 1, 2015.

December 15, 2014
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, the Supreme Court of New Hampshire adopts the following amendments to court rules.

I. BAR ADMISSIONS

(These temporary amendments allow the disclosure of name-specific pass/fail information to the law schools and clarify the circumstances under which the Board and Character and Fitness Committee may disclose otherwise confidential information).

1. Amend Supreme Court Rule 42(IV), on a temporary basis, as set forth in Appendix A.

II. CALCULATION OF MILEAGE REIMBURSEMENT AND FEE CAPS FOR ATTORNEYS AND GUARDIANS AD LITEM

(These amendments to Supreme Court Rules 47, 48 and 48-A clarify that mileage expenses are separate from the fee caps when a lawyer or guardian ad litem seeks reimbursement for his or her efforts on behalf of a criminal defendant or a parent or juvenile in a child protection matter).

1. Amend Supreme Court Rule 47, as set forth in Appendix B.

2. Amend Supreme Court Rule 48, as set forth in Appendix C.

3. Amen Supreme Court Rule 48-A, as set forth in Appendix D.

III. IN CAMERA REVIEW

(These amendments change the rules regarding custody and return of documents filed in camera in the trial courts).

1. Amend Supreme Court Rule 57-A, as set forth in Appendix E.

IV. CONTINUITY OF COUNSEL IN CIRCUIT COURT AND SUPERIOR COURT

(The following amendment changes the rule regarding appointment of counsel in the Superior Court to provide that once an appointment has been made in the Circuit Court in a criminal case, that appointment should continue throughout any appeal to the Superior Court.)

1. Amend Rule 14 of the Rules of the Superior Court of the State of New Hampshire Applicable in Criminal Cases, as set forth in Appendix F.

V. WITHDRAWAL OF COURT-APPOINTED COUNSEL IN CRIMINAL AND JUVENILE MATTERS

(These amendments to court rules permit notification of withdrawal in certain circumstances, rather than a request to withdraw requiring court approval and are designed to expedite the appointment of new counsel in those instances where previously appointed counsel must withdraw due to a conflict of interest as defined in the Rules of Professional Conduct.)

1. Amend Rule 15 of the Rules of the Superior Court of the State of New Hampshire Applicable in Criminal Cases, as set forth in Appendix G.

2. Amend Circuit Court – District Division Rule 1.3(H) and (I), as set forth in Appendix H.

3. Amend Circuit Court – Family Division Rule 1.20, as set forth in Appendix I.

4. Adopt Circuit Court - Family Division Rule 3.12 as set forth in Appendix J.

VI. SUPERIOR COURT ADMINISTRATIVE RULES

(These amendments repeal obsolete Superior Court Administrative Rules.)

1. Repeal Superior Court Administrative Rules 11-1 through 11-15, as set forth in Appendix K.

2. Repeal Superior Court Administrative Rules 12-1 through 12-19, as set forth in Appendix L.

VII. CIRCUIT COURT – DISTRICT DIVISION- SMALL CLAIMS

(These amendments repeal the existing small claims rules and retitle as “Small Claims Actions” the “Small Claims Actions Pilot Rules to Accompany the Electronic Filing Pilot Rules,” effective July 1, 2015, because electronic filing has now been implemented in all district division locations. Additional substantive amendments eliminate prejudgment attachments in small claims cases and raise the small claims limit to $10,000.)

1. Repeal the Small Claims Actions Rules, effective July 1, 2015, as set forth in Appendix M.

2. Amend the Small Claims Actions Pilot Rules to Accompany the Electronic Filing Pilot Rules, effective July 1, 2015, as set forth in Appendix N.

VIII. CIRCUIT COURT – DISTRICT DIVISION - ARRAIGNMENTS

(These temporary amendments allow the Circuit Court to schedule arraignments by administrative order and allow counsel to sign a waiver of arraignment under certain circumstances).

1. Amend Circuit Court – District Division Rule 2.21, on a temporary basis, as set forth in Appendix O.

IX. CIRCUIT COURT – PROBATE DIVISION – MODIFICATIONS TO THE UNIFORM TRUST CODE

(These amendments, prompted by recent statutory changes to the Uniform Trust Code, provide the procedure allowing an individual to petition the Court to declare a will or trust valid.)

1. Amend Circuit Court-Probate Division Rule 169(I), as set forth in Appendix P.

2. Adopt Circuit Court – Probate Division Rule 96-A, on a temporary basis, as set forth in Appendix Q.

X. CIRCUIT COURT – PROBATE DIVISION – SURROGACY AND OTHER REPRODUCTIVE TECHNOLOGY

(This new rule, prompted by the legislature’s repeal of the old law regarding surrogacy and enactment of a comprehensive law to govern surrogacy and other reproductive technologies, provides the procedure for petitioning the circuit court for a parentage order.)

1. Adopt Circuit Court- Probate Division Rule 94, on a temporary basis, as set forth in Appendix R.

XI. CIRCUIT COURT – FAMILY DIVISION – DISSOLUTION OF CIVIL UNIONS

(This amendment adds “actions involving the dissolution of civil unions” to the list of actions over which the family division has jurisdiction.)

1. Amend Circuit Court – Family Division Rule 2.1, as set forth in Appendix S.

XII. TEMPORARY RULES CURRENTLY IN EFFECT

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

1. Adopt on a permanent basis Supreme Court Rule 49, which was amended on a temporary basis, as set forth in Appendix T.

2. Adopt on a permanent basis Rule 169 of the Rules of the Superior Court of the State of New Hampshire Applicable in Criminal Cases Filed in Superior Court, which was amended on a temporary basis, as set forth in Appendix U.

3. Adopt on a permanent basis Circuit Court-District Division Rule 3.3, which was amended on a temporary basis, as set forth in Appendix V.

4. Adopt on a permanent basis Circuit Court – Probate Division Rule 169, which was amended on a temporary basis, as set forth in Appendix W.

5. Adopt on a permanent basis Circuit Court – Family Division Rule 1.3, which was amended on a temporary basis, as set forth in Appendix X.

XIII. TECHNICAL AMENDMENTS

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

1. Amend Supreme Court Rule 38, Rule 4.1, as set forth in Appendix Y.

2. Amend Supreme Court Rule 12-A, as set forth in Appendix Z.

3. Amend Supreme Court Rule 36, as set forth in Appendix AA.

4. Amend Circuit Court – Probate Division Rule 169(IV), as set forth in Appendix BB.

5. Amend Supreme Court Rule 42, as set forth in Appendix CC.

Effective Date

All of the amendments, with the exception of those set forth in Appendices M and N, shall take effect on March 1, 2015. The amendments set forth in Appendices M and N shall take effect on July 1, 2015. The temporary amendments set forth in Appendices A, O, Q, and R shall be referred to the Advisory Committee on Rules for its recommendation as to whether they should be adopted on a permanent basis.

December 29, 2014
ATTEST: Eileen Fox, Clerk
Supreme Court of New Hampshire


R-2014-0002
In Re 2014 Annual Report of the Advisory Committee on Rules
(Proposal to Amend Circuit Court - Family Division Rule 3.11 and Supreme Court Rule 48)

The court has received numerous comments on the recommendation made by the Advisory Committee on Rules to amend Circuit Court-Family Division Rule 3.11 to provide that the appearance of court-appointed counsel in abuse and neglect cases is deemed withdrawn thirty (30) days after the dispositional hearing, unless the court otherwise orders representation to continue and states the specific duration and purpose of the continued representation. The language of that proposal is attached to this order as appendix A. A related proposal to amend Supreme Court Rule 48 to permit the payment of attorneys who work on behalf of parents in child protection matters for attending periodic review hearings held in the normal course of a case in the family division is attached to this order as appendix B. In light of the comments it has received on these proposals, the court hereby orders as follows:

(1) that a public hearing in this matter shall be held on Wednesday, February 18, 2015, at 10:00 am;

(2) that Circuit Court Administrative Judge Edwin Kelly or his designee and Executive Director of the New Hampshire Judicial Council Christopher Keating are requested to be present at the public hearing to provide background information about the genesis and purpose of the proposals and to respond to any questions the court may have;

(3) that following the presentations by Judge Kelly or his designee and Attorney Keating, any individuals who wish to be heard may address the court regarding the proposals and shall limit their comments to five (5) minutes.

Issued: December 29, 2014
ATTEST: Eileen Fox, Clerk of Court
Supreme Court of New Hampshire


The chief justice, pursuant to RSA 494:1, IX, reappoints retired Supreme Court Justice James E. Duggan, a member of the New Hampshire Bar Association, to the Judicial Council, to serve a three-year term commencing January 1, 2015 and expiring on December 31, 2017.

December 30, 2014
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, the Supreme Court of New Hampshire issues the following order related to court rules.

The court vacates portions of its rules order of December 29, 2014. Specifically, it vacates the order to the extent that it adopted Appendix V, and adopts in its place the amendment set forth in Appendix A of this order. This amendment shall take effect on January 1, 2015, nunc pro tunc.

The court also vacates the December 29, 2014 rules order to the extent that it adopted Appendices P and W, and adopts in their place the amendment set forth in Appendix B of this order. This amendment shall take effect on March 1, 2015.

I. CIRCUIT COURT – DISTRICT DIVISION – FEES
Amend Circuit Court-District Division Rule 3.3, as set forth in Appendix A.

II. CIRCUIT COURT – PROBATE DIVISION – FEES
Amend Circuit Court-Probate Division Rule 169(I), as set forth in Appendix B.

January 5, 2015
ATTEST: Eileen Fox, Clerk
Supreme Court of New Hampshire


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

Attorney Lawrence A. Buswell, Jr.’s motion for reinstatement to the practice of law is granted. Attorney Buswell is reinstated to the practice of law, effective immediately.

The portion of the court’s order of September 23, 2013, enjoining Attorney Buswell from transferring, assigning, hypothecating, or in any manner disposing of or conveying any assets of clients, whether real, personal, beneficial or mixed, is vacated.

Dalianis, C.J., and Hicks, Conboy, Lynn, and Bassett, JJ., concurred.

DATE: January 8, 2015
ATTEST:Eileen Fox, Clerk

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