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Bar News - May 20, 2015


Supreme Court Orders

R-2015-0002
In re Advisory Committee on Rules Recommendation

The New Hampshire Supreme Court Advisory Committee on Rules (committee) has reported proposed rule amendments to the New Hampshire Supreme Court with a recommendation that they be adopted. The Advisory Committee on Rules recommends that the Court amend Supreme Court Rules 37 and 37A to eliminate the authority of the attorney discipline office general counsel, the complaint screening committee and the professional conduct committee to issue warnings when it is determined that an attorney acted in a manner which did not constitute a clear violation of the rules of professional conduct, but which involved behavior requiring attention.

On or before May 11, 2015, members of the bench, bar, legislature, executive branch or public may file with the clerk of the supreme court comments on the proposed rule amendments. An original and seven copies of all comments shall be filed. Comments may also be emailed to the court.

The proposed rule changes are set forth in the attached appendices A-R. Copies are also available upon request to the clerk of the supreme court at the N.H. Supreme Court Building, 1 Charles Doe Drive, Concord, New Hampshire 03301 (Tel. 603-271-2646).

The current rules of the New Hampshire state courts are also available on the Internet.

April 9, 2015
ATTEST: Eileen Fox, Clerk Supreme Court of New Hampshire


In accordance with Supreme Court Rule 39(2)(a), the Supreme Court reappoints District Division Judge James H. Leary, retired Probate Division Judge Christina M. O’Neill, Clerk W. Michael Scanlon, and public member Larry Gilpin as alternate members of the Committee on Judicial Conduct, to serve three-year terms commencing July 1, 2015, and expiring July 1, 2018.

Issued: April 13, 2015
ATTEST: Eileen Fox, Clerk of Court Supreme Court of New Hampshire


ADM-2014-0118
In the Matter of Stephen J. Connolly, Esquire

On January 22, 2015, Attorney Connolly was suspended from the practice of law in New Hampshire for failing to file his 2014 Trust Accounting Certificate and failing to pay the $200 fine assessed for late filing of his certificate. On March 4, 2015, Attorney Connolly paid the fine assessed and on March 23, 2015, Attorney Connolly filed his 2014 Trust Accounting Certificate. He has requested that he be reinstated to the practice of law in New Hampshire.

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

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

DATE: April 9, 2015
ATTEST: Eileen Fox, Clerk


ADM-2014-0128
In the Matter of Connor W. Boyle, Esquire

On February 12, 2015, Attorney Boyle was suspended from the practice of law in New Hampshire for failing to file his 2014 Trust Accounting Certificate and failing to pay the fines assessed for late filing of his certificate. On March 16, 2015, Attorney Boyle filed his 2014 Trust Accounting Certificate and paid the fines assessed. He has requested that he be reinstated to the practice of law in New Hampshire.

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

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

DATE: April 9, 2015
ATTEST: Eileen Fox, Clerk


ADM-2015-0003
In the Matter of Rory C. Douglas, Esquire

Attorney Rory C. Douglas was admitted to the New Hampshire bar on November 7, 2012. In accordance with Rule 42 XIII, (a), Attorney Douglas was required to complete the Practical Skills course within two years of admission. The New Hampshire Bar Association reported to the court that Attorney Douglas did not take the Practical Skills course as required. On February 18, 2015, this court issued an order requiring Attorney Douglas to show cause why he should not be suspended from the practice of law in New Hampshire for failure to attend a Practical Skills course within two years of the date of his admission to the bar. Attorney Douglas did not respond to the show cause order.

In accordance with Rule 42, XIII (a), Attorney Douglas is hereby suspended from the practice of law in New Hampshire.

Attorney Douglas 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 Monday, May 11, 2015, that he has completed this task. On or before Thursday, May 21, 2015, the Attorney Discipline Office shall advise the court if it believes that an attorney should be appointed to make an inventory of Attorney Douglas’ files and to take action to protect the interests of his clients.

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

Date: April 9, 2015
ATTEST: Eileen Fox, Clerk


ADM-2014-0133
In the Matter of Laird J. Heal, Esquire

On February 4, 2015, Attorney Heal was suspended from the practice of law in New Hampshire for failing to file his 2014 annual trust accounting certificate and failing to pay late fees assessed for late filing of his certificate. Attorney Heal has now filed his 2014 annual trust accounting certificate and paid the late fees assessed. He has requested that he be reinstated to the practice of law in New Hampshire.

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

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

DATE: April 23, 2015
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. Small Claims Electronic Filing Pilot Rules

(These temporary amendments amend the Small Claims Electronic Filing Pilot Rules to make them the Circuit Court Electronic Filing Pilot Rules, applicable on pilot basis in particular divisions and in particular case types in the circuit court as of the date set forth in a circuit court administrative order implementing the electronic filing pilot program in a particular case type and in a particular circuit court location.)

1. Amend the New Hampshire Circuit Court – District Division Small Claims Electronic Filing Pilot Rules, on a temporary basis, as set forth in Appendix A.

II. Circuit Court – Probate Division

(These temporary amendments, designed to accompany the Circuit Court Electronic Filing Pilot Rules, amend probate division rules on a temporary basis.)

1. Amend Circuit Court - Probate Division Rule 46, Continuance – Unavailability of a Material Witness - on a temporary basis, as set forth in Appendix B.

2. Amend Circuit Court - Probate Division Rule 57, Motions – Requirements, on temporary basis, as set forth in Appendix C.

III. Circuit Court – Family Division

(These temporary amendments, designed to accompany the Circuit Court Electronic Filing Pilot Rules, amend family division rules on a temporary basis.)

1. Amend Circuit Court – Family Division Rule 1.24, on a temporary basis, as set forth in Appendix D.

2. Amend Circuit Court – Family Division Rule 1.26, on a temporary basis, as set forth in Appendix E.

3. Amend Circuit Court – Family Division Rule 1.27, on a temporary basis, as set forth in Appendix F.

IV. Supreme Court Rule 48 – Counsel Fees and Expenses –Other Indigent Cases and Parental Notification Cases

(This amendment permits 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.)

1. Amend Supreme Court Rule 48, Counsel Fees and Expenses – Other Indigent Cases and Parental Notification Cases, as set forth in Appendix G.

V. Circuit Court – District Division

(This amendment is prompted by a recent statutory change raising the small claim limit to $10,000, effective July 1, 2015.)

1. Amend Circuit Court – District Division Rule 3.3, Court Fees, as set forth in Appendix H.

Effective Date

The temporary rule amendments set forth in Appendices A through F shall take effect on June 1, 2015, 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 amendments set forth in Appendices G and H shall take effect on July 1, 2015. For a list of the locations and case types in which electronic filing will be, or has been, implemented and a link to the relevant orders, see courts.state.nh.us.

Date: April 23, 2015
ATTEST: Eileen Fox, Clerk of Court Supreme Court of New Hampshire


ADM-2014-0158
In the Matter of Richard Volpe, Esquire

On March 31, 2015, Attorney Richard Volpe was suspended from the practice of law in New Hampshire for failing to file his 2014 trust accounting certificate and failing to pay the fees assessed for late filing of the certificate. Attorney Volpe has now filed his 2014 trust accounting certificate. He has filed a motion requesting that the court waive the late fees and further requesting that he be reinstated to the practice of law in New Hampshire.

Attorney Volpe’s request for waiver of the late fees is granted. Attorney Volpe’s motion for reinstatement is granted. Attorney Volpe 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 7, 2015
ATTEST: Eileen Fox, Clerk


ADM-2014-0155
In the Matter of Rhonda M. Simpson, Esquire

On March 31, 2015, Attorney Simpson was suspended from the practice of law in New Hampshire for failing to file her 2014 trust accounting certificate and failing to pay the fees assessed for late filing of the certificate. Attorney Simpson has now filed her 2014 trust accounting certificate and paid the late fees assessed. She has requested that she be reinstated to the practice of law in New Hampshire.

Attorney Simpson’s request for reinstatement is granted. Attorney Simpson 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 8, 2015
ATTEST: Eileen Fox, Clerk

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