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Bar News - August 19, 2015


Supreme Court Orders

In accordance with Supreme Court Rule 39(2)(a)(1), the Supreme Court appoints the Circuit Court Judges James H. Leary and Lucinda V. Sadler to the Committee on Judicial Conduct, to serve a three-year term commencing on August 1, 2015, and expiring on August 1, 2018. Judge Leary and Judge Sadler are appointed to replace Judge John Korbey and Judge Gary Cassavechia, whose terms are expiring, and who are not eligible for reappointment.

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


JD-2014-0001
In the Matter of William H. Lyons

On December 12, 2014, the Committee on Judicial Conduct filed its report and recommendation in proceedings involving Circuit Court Judge William H. Lyons. It found that there was clear and convincing evidence to show that Judge Lyons had violated Rule 2.6 and Rule 2.8 of the Code of Judicial Conduct, and it recommended that the court impose a sanction. In accordance with Rule 40(12)(e), Judge Lyons requested a de novo hearing before a judicial referee. Retired Superior Court Judge Peter H. Fauver was appointed to serve as judicial referee to conduct a de novo hearing.

The de novo hearing before Judge Fauver took place on March 9-10, 2015. Following the hearing, Judge Fauver filed a report of his findings and recommendations. He found, by clear and convincing evidence, that Judge Lyons violated Rule 2.8(B) of the Code of Judicial Conduct, which requires a judge to “be patient, dignified, and courteous to litigants, . . . and others with whom the judge deals in an official capacity.” Judge Fauver found that Judge Lyons also violated Rule 2.6(A) of the Code of Judicial Conduct, which requires a judge to “accord to every person who has a legal interest in a proceeding, or that person’s lawyer, the right to be heard according to law.” He recommended that Judge Lyons be suspended for 60 days without pay; that he be publicly censured for his conduct; and that he be ordered to reimburse the JCC for its legal fees and expenses.

The referee’s report was provided to the parties. The parties have filed a stipulation in which they agreed that the “court may adopt the Referee’s report and recommendation dated April 13, 2015, finding violations of Code of Judicial Conduct Rules 2.6(a) and 2.8.” They further agreed that “Judge Lyons shall be suspended without pay for sixty (60) days, publicly censured, and shall reimburse the Committee for its expenses . . . .”

Having reviewed the referee’s report of his findings and recommendations, the record of the de novo hearing, and the parties’ stipulation, the court concludes that briefing and oral argument is unnecessary. The court determines that the referee’s findings are supported by the evidence at the de novo hearing. It concludes that the sanction recommended by the referee is the just and proper sanction for the violations of the Code of Judicial Conduct. See Rule 40(13).

Accordingly, it is ordered that:

A. Effective August 1, 2015, Judge William H. Lyons is suspended from sitting as a judge for a period of sixty (60) days, without pay;

B. Judge Lyons is publicly censured for his misconduct; and

C. Judge Lyon shall reimburse the Committee on Judicial Conduct for its expenses in accordance with the terms set forth in the parties’ stipulation of June 23, 2015.

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

DATE: July 10, 2015
ATTEST: Eileen Fox, Clerk


In accordance with Supreme Court Rule 39(2)(a)(1), the Supreme Court appoints Superior Court Judge James D. O’Neill, III, as an alternate member of the Committee on Judicial Conduct, to serve the remainder of a three-year term expiring on July 1, 2018. Judge O’Neill is appointed to replace Judge George Manias, whose term has expired and who did not seek reappointment.

Issued: July 29, 2015
ATTEST: Eileen Fox, Clerk of Court
Supreme Court of New Hampshire


In accordance with the court’s order of November 7, 2014, establishing the Committee on the Judiciary and the Media, the court appoints the following members of the committee:

1. Supreme Court Associate Justice James P. Bassett, to serve a three-year term beginning August 1, 2015, and expiring July 31, 2018;

2. Superior Court Chief Justice Tina L. Nadeau, to serve a three-year term beginning August 1, 2015, and expiring July 31, 2018;

3. Circuit Court Judge David D. King, to serve a three-year term beginning August 1, 2015, and expiring July 31, 2018;

4. Superior Court Clerk James I. Peale, to serve a two-year term beginning August 1, 2015, and expiring July 31, 2017;

5. Circuit Court Clerk Larry S. Kane, to serve a two-year term beginning August 1, 2015, and expiring July 31, 2017;

6. Clerk of the United States District Court Daniel J. Lynch, to serve a two-year term beginning August 1, 2015, and expiring July 31, 2017;

7. Attorney General Joseph A. Foster, or his designee, to serve a two-year term beginning August 1, 2015, and expiring July 31, 2017;

8. Executive Director of the Public Defender Office, Blaine “Randy” Hawkes, or his designee, to serve a one-year term beginning August 1, 2015, and expiring July 31, 2016;

9. Judicial Branch Public Information Officer Carole A. Alfano, to serve a three-year term beginning August 1, 2015, and expiring July 31, 2018;

10. Acting Manager of Security for the Judicial Branch, Jason Jordanhazy, to serve a two-year term beginning August 1, 2015, and expiring July 31, 2017; and

11. Merrimack County Sheriff Scott Hilliard, to serve a one-year term beginning August 1, 2015, and expiring July 31, 2016.

The court designates Associate Justice James P. Bassett to serve as chair of the committee.

Issued: July 30, 2015
ATTEST: Eileen Fox, Clerk of Court
Supreme Court of New Hampshire


The Supreme Court’s order of November 7, 2014, which established the Committee on the Judiciary and the Media, authorized the chair of the committee to designate a co-chair. Associate Justice James P. Bassett, who was designated chair of the committee by the Supreme Court, designates James Kimble, a member of the Executive Board of the New Hampshire Press Association, to serve as co-chair. Mr. Kimble is appointed to serve a three-year term beginning August 1, 2015, and expiring July 31, 2018.

The Supreme Court’s November 7, 2014 order authorizes the co-chairs of the committee to appoint additional members of the committee who meet certain qualifications. Pursuant to this authority, Justice Bassett and Mr. Kimble make the following appointments to the committee:

1. Lynne Tuohy, a member of the New Hampshire Associated Press Broadcasters Association, is appointed to serve to a three-year term beginning August 1, 2015, and expiring July 31, 2018;

2. Andy Hershberger, a member of the New Hampshire Association of Broadcasters, is appointed to serve a three-year term beginning August 1, 2015, and expiring July 31, 2018;

3. Jim Cole, a member of the New Hampshire Photojournalists Association, is appointed to serve to a two-year term beginning August 1, 2015, and expiring July 31, 2017;

4. Attorney Gregory Sullivan, an attorney specializing in media law, is appointed to serve to a two-year term beginning August 1, 2015, and expiring July 31, 2017;

5. Attorney Jeremy D. Eggleton, an attorney specializing in media law, is appointed to serve to a one-year term beginning August 1, 2015, and expiring July 31, 2016;

6. Daniel R. Wise, Director of Communications of the New Hampshire Bar Association, is appointed to the committee as an at-large member and shall serve a one-year term beginning August 1, 2015, and expiring July 31, 2016;

7. Ashlynn Lembree, professor of law at the University of New Hampshire School of Law, is appointed to the committee as an at-large member and shall serve a one year term beginning August 1, 2015, and expiring July 31, 2016; and

8. David Tirell-Wysocki, Executive Director of the Nackey S. Loeb School of Communications, is appointed to the committee as an at-large member and shall serve a one-year term beginning August 1, 2015, and expiring July 31, 2016.

Issued: July 30, 2015
ATTEST: Eileen Fox, Clerk of Court
Supreme Court of New Hampshire


ADM-2015-0028
In the Matter of John P. Griffith, Esquire

On June 22, 2015, Attorney John P. Griffith was suspended from the practice of law for noncompliance with MCLE requirements for the reporting year ending June 30, 2014. Attorney Griffith is now in compliance with the requirements. Accordingly, Attorney Griffith is reinstated to the practice of law in New Hampshire.

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

ISSUED: August 5, 2015
ATTEST: Eileen Fox, Clerk

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