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Bar News - May 20, 2015


NH Supreme Court Advisory Committee on Rules Public Hearing Notice

The New Hampshire Supreme Court Advisory Committee on Rules will hold a PUBLIC HEARING at 12:30 p.m. on Friday, June 5, 2015, at the Supreme Court Building on Charles Doe Drive in Concord, to receive the views of any member of the public, the bench, or the bar on court rules changes which the Committee is considering for possible recommendation to the Supreme Court.

Comments on any of the court rules proposals which the Committee is considering for possible recommendation to the Supreme Court may be submitted in writing to the secretary of the Committee at any time on or before June 4, 2015 or may be submitted at the hearing on June 5, 2015. Comments may be e-mailed to the Committee on or before June 4, 2015.

Comments may also be mailed or delivered to the Committee at the following address:
N.H. Supreme Court
Advisory Committee on Rules
1 Charles Doe Drive
Concord, NH 03301

Any suggestions for rules changes other than those set forth below may be submitted in writing to the secretary of the Committee for consideration by the Committee in the future.

Copies of the specific changes being considered by the Committee are available on request to the secretary of the Committee at the N.H. Supreme Court Building, 1 Charles Doe Drive, Concord, New Hampshire 03301 (Telephone 271-2646). In addition, the changes being considered are available on the Internet (in the Appendix to the Public Hearing Notice) at courts.state.nh.us.

The changes being considered concern the following rules:

I. Supreme Court Rule 20 - Non-Precedential Status of Orders

(These proposed amendments to Supreme Court Rule 20 would allow litigants to cite and discuss unpublished opinions, but also provide that they do not constitute binding precedent.)

1. Amend Supreme Court Rule 20, Copy of Opinion; Non-precedential Status of Orders, as set forth in Appendix A.

II. Supreme Court Rule 28 - Parties’ Designation

(These proposed amendments to Supreme Court Rule 28 would make clear that in cases in which a statute or a rule of court requires that the name of a party be kept confidential, only the first letter of the forename and first letter of the surname of that party shall be listed.)

1. Amend Supreme Court Rule 28, Parties’ Designation, as set forth in Appendix B.

III. Supreme Court Rule 40 - Code of Judicial Conduct

(These proposed amendments to Supreme Court Rule 40(12) would resolve an inconsistency in paragraph 12, which sets forth the procedure to be followed when the Judicial Conduct Committee determines that a judge has committed a serious violation of the Code of Judicial Conduct and would clarify two procedural issues.)

1. Amend Supreme Court Rule 40(12), Procedural Rules of the Committee on Judicial Conduct – Dispositions Following Hearing, as set forth in Appendix C.

IV. Supreme Court Rule 42B - Character and Fitness Standards

(One proposed amendment to Supreme Court Rule 42B would provide that an applicant for admission to the bar could be denied admission if he or she fails to sufficiently recognize the wrongfulness of his or her misconduct, even if the misconduct standing alone is not significant enough to be disqualifying. Additional proposed amendments would make technical and stylistic changes to the rule.)

1. Amend Supreme Court Rule 42B, Character and Fitness Standards, as set forth in Appendix D.

V. Supreme Court Rule 51 – Rulemaking Procedures

(This proposed amendment would delete Supreme Court Rule 51 and replace it with a new rule. The new rule would make significant substantive changes to the rulemaking process.)

1. Amend Supreme Court Rule 51, Rulemaking Procedures, as set forth in Appendix E.

VI. Circuit Court – District Division Rule 2.18 - Petition to Annul Record of Conviction and Sentence

(These proposed amendments to Circuit Court – District Division Rule 2.18 are designed to facilitate electronic filing and make other substantive changes to the rule.)

1. Amend Circuit Court – District Division Rule 2.18, Application to annual record of conviction and sentence, as set forth in Appendix F.

VII. Temporary Amendments

(These proposals would adopt on a permanent basis amendments which have been in effect on a temporary basis.)

1. Amend on a permanent basis Supreme Court Rule 42(IV), which was amended on a temporary basis by Supreme Court Order dated December 29, 2014, as set forth in Appendix G.

2. Adopt on a permanent basis Circuit Court – Probate Division Rule 96-A, which was adopted on a temporary basis by Supreme Court Order dated December 29, 2014, as set forth in Appendix H.

3. Adopt on a permanent basis Circuit Court – Probate Division Rule 94, which was adopted on a temporary basis by Supreme Court Order dated December 29, 2014, as set forth in Appendix I.

4. Adopt on a permanent basis Supreme Court Rule 40(11)(j), which was adopted on a temporary basis by Supreme Court Order dated April 4, 2014, as set forth in Appendix J.

5. Adopt on a permanent basis Rule 98 of the Rules of the Superior Court of the State of New Hampshire Applicable in Criminal Cases Filed in Superior Court, which was adopted on a temporary basis by Supreme Court order dated February 20, 2014, as set forth in Appendix K.

New Hampshire Supreme Court Advisory Committee on Rules By: Robert J. Lynn, Chairperson and Carolyn A. Koegler, Secretary April 24, 2015

Supreme Court Rule 42(9) requires all NH admitted attorneys to notify the Bar Association of any address change, home or office.

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