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Bar News - October 21, 2015


Supreme Court Orders

In accordance with Supreme Court Rule 53.8, A, the Supreme Court appoints Attorney David W. Ruoff, the President-Elect of the New Hampshire Bar Association, and Attorney Jack P. Crisp, Chair of the New Hampshire Bar Association Continuing Legal Education Committee, to the Minimum Continuing Legal Education (MCLE) Board. As provided in Rule 53.8, A, Attorney Ruoff and Attorney Crisp shall serve as ex officio members of the MCLE board, and their terms on the MCLE board shall coincide with their terms as President-Elect and Chair, commencing July 1, 2015, and expiring June 30, 2016.

Issued: September 14, 2015
ATTEST: Eileen Fox, Clerk of Court
Supreme Court of New Hampshire


The purpose of this order is to implement an agreement between the Supreme Court of New Hampshire and the New York Court of Appeals to allow certain New York bar examination applicants to sit for the February 2016 Uniform Bar Examination (UBE) at the testing site for the New Hampshire bar examination. The Supreme Court of New Hampshire and the New Hampshire Board of Bar Examiners will administer the February 2016 UBE to a limited number of New York bar examination applicants who have been certified by the New York Board of Law Examiners as eligible to take the February 2016 UBE (hereinafter New York applicants). This order sets forth the terms and conditions governing the administration of the February 2016 UBE to New York applicants in New Hampshire.

1. The administration of the February 2016 UBE to New York applicants is being offered as a courtesy to the New York Court of Appeals. Due to the size of the facility where the February New Hampshire bar examination will be administered and other resource constraints, the New Hampshire Board of Bar Examiners may impose a limit on the number of New York applicants taking the February 2016 UBE in New Hampshire. Applications from New York applicants to sit for the February 2016 UBE in New Hampshire shall be accepted on a first-come, first-served basis.

2. Only New York applicants confirmed by the New York Board of Law Examiners as eligible to take the February 2016 UBE shall be permitted to take the February 2016 UBE in New Hampshire.

3. The February 2016 UBE will be administered on February 23 and 24, 2016, at a location to be determined by the New Hampshire Board of Bar Examiners.

4. New York applicants who wish to take the February 2016 UBE in New Hampshire are required to complete the application form prescribed by the New Hampshire Board of Bar Examiners, and file the application with a fee of $350.00 with the Office of Bar Admissions on or before December 1, 2015. No application shall be accepted after December 1, 2015, and the application fee shall be nonrefundable. Applicants seeking to use a laptop for the bar examination will be required to pay an additional fee.

5. New York applicants taking the February 2016 UBE in New Hampshire shall not be considered to be applicants for admission to the New Hampshire bar.

6. New York applicants shall be required to comply with the rules and restrictions governing the administration of the New Hampshire bar examination. Notice of these rules and restrictions shall be provided to New York applicants by the New Hampshire Board of Bar Examiners in advance of the examination. Failure of a New York applicant to comply with the rules and restrictions may result in termination of the testing session or other action by the Board of Bar Examiners.

7. Requests by New York applicants for testing accommodation shall be governed by New Hampshire Supreme Court Rule 42, IX. A New York applicant seeking testing accommodations must submit a written request to the New Hampshire Board of Bar Examiners by December 1, 2015. No requests for accommodation shall be accepted after this date.

8. The New Hampshire Board of Bar Examiners will determine the scores of New York applicants on the February 2016 UBE. In accordance with New Hampshire Supreme Court Rule 42, VII, the board’s determination of an applicant’s score is final and is not subject to review. After scores are final, the New Hampshire Board of Bar Examiners will report the scores of New York applicants to the New York Board of Law Examiners.

Issued: September 14, 2015
ATTEST: Eileen Fox, Clerk of Court
Supreme Court of New Hampshire


In accordance with Supreme Court Rule 39(2)(a)(1), the Supreme Court appoints Circuit Court Judge Susan B. Carbon 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 Carbon is appointed to replace Judge James H. Leary, who was recently appointed as a regular member of the Committee on Judicial Conduct.

Issued: September 14, 2015
ATTEST: Eileen Fox, Clerk of Court
Supreme Court of New Hampshire


ADM-2015-0016
In the Matter of Melissa Fay, Esquire

On April 30, 2015, this court issued an order requiring Attorney Melissa Fay to file her certificate of compliance with the minimum continuing legal education requirements for the reporting year ending June 30, 2014, and to pay the late fees assessed, or be suspended from the practice of law in New Hampshire. Attorney Fay has filed no response to the show cause order, nor has she brought herself into compliance with Supreme Court Rule 53. Attorney Melissa Fay is hereby suspended from the practice of law in New Hampshire. The court hereby requires that Attorney Fay’s trust accounts and other financial records be audited at her expense.

Attorney Fay 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 Friday, October 16, 2015, that she has completed this task. On or before Monday, October 26, 2015, the Attorney Discipline Office shall advise the court if it believes that an attorney should be appointed to make an inventory of Attorney Fay’s files and to take action to protect the interests of her clients.

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

ISSUED: September 16, 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 amendment to court rules:

I. Supreme Court Rule 47, Counsel Fees and Expenses – Indigent Criminal Cases

(These amendments raise the hourly rate for assigned counsel working on major crimes cases to $100 per hour and raise the fee cap to $8,000 for major crimes cases.)

1. Amend Rule 47(2) as set forth in appendix A.

Effective Date

These amendments shall take effect immediately.

Date: September 28, 2015
ATTEST: Eileen Fox, Clerk of Court
Supreme Court of New Hampshire

APPENDIX A

Amend Supreme Court Rule 47(2), Counsel Fees and Expenses – Indigent Criminal Cases, as follows (new material is in [bold and in brackets]; deleted material is in strikethrough format):

(2) Fees. Maximum compensation is limited as follows:

(a) Time properly chargeable to case: [$100 per hour for major crime cases (capital murder, homicide, aggravated felonious sexual assault, felonious sexual assault and first degree assault) and] $60 per hour [for all other cases]. The paralegal hourly rate shall not exceed $35.00 and shall be included with fees of counsel for the purposes of determining the maximum fee on any case. Travel time to and from meetings with an incarcerated defendant shall be compensable; otherwise, travel time is not a compensable event unless expressly authorized by the court in advance for exceptional circumstances.

(b) Maximum fee for misdemeanors: $1,400.

(c) Maximum fee for [aggravated felonious sexual assault, felonious sexual assault and first degree assault: $8,000, and for all other] felonies: $4,100.

(d) Maximum fee (per co-counsel) for homicides under RSA 630:1-2: $20,000.

(e) Maximum fee for Supreme Court appeal: $2,000.

Only upon an express, written finding of good cause and exceptional circumstances by the court will the maximum fees be exceeded or will additional fees be authorized. All petitions to exceed the maximum fee guidelines must be approved prior to the guidelines being exceeded; provided, however, that the court may waive the requirement for prior approval when justice so requires.

When counsel represents more than one client on any particular day, the hours spent shall be allocated accordingly. Representation of more than one client on the same day and in the same court shall be noted on the bills submitted. All bills shall be reviewed by the judge who presided over the case, if practicable.

When assigned counsel is appointed in district court, that counsel shall continue as counsel of record for all purposes (such as motions to reduce bail, waiver of indictments, etc.) until and unless new counsel is appointed by superior court. The appointment of counsel shall occur in accordance with RSA 604-A:2, II. The public defender shall be appointed if that office is available. In the event that the public defender program is not available, the appointment of a contract attorney shall occur, if such an attorney is available. Lastly, in the event that neither the public defender nor a contract attorney is available, the appointment of a qualified attorney under RSA 604-A:2, I, shall occur.

The adequacy of the rates prescribed by this rule may, upon request of the supreme court, be reviewed periodically by the advisory committee on rules.


R-2015-0004
In re Proposed New Hampshire Rules of Criminal Procedure

Five years ago, the New Hampshire Supreme Court Advisory Committee on Rules recommended that the court adopt a new unified set of rules of criminal procedure to govern the handling of criminal cases in the superior and district courts. Shortly thereafter, the court solicited comment on the proposed set of rules of criminal procedure. After the close of the comment period, the court approved the rules but deferred adopting them at that time due to a number of ongoing projects, including the implementation of e-filing.

Early this year, the court asked an ad hoc committee comprised of attorneys Richard Guerriero, Christopher Johnson, James Vara, Thomas Velardi and Nancy Wickwire to review the proposed new rules of criminal procedure the court approved in 2010 to determine whether legislation, case law or changes to the existing criminal rules currently in place in the superior and circuit courts would require changes to the proposed new rules. The committee recently completed its review and submitted a set of revised rules to the court. The proposed revised rules codify current rules and practices relating to criminal procedure and are not intended to change any existing rule or add any rules. However, because some changes have been made to the proposed new rules of criminal procedure since the court solicited comment on them in 2010, the court has opened a docket to solicit public comment on them.

On or before November 12, 2015 members of the bench, bar, legislature, executive branch or public may file with the clerk of the supreme court comments on any of the proposed rule amendments. Comments may also be emailed to the court at: rulescomment@courts.state.nh.us.

To see the language of the proposed rules, please see the attached proposed New Hampshire Rules of Criminal Procedure, also available at: courts.state.nh.us

Copies of the proposed New Hampshire Rules of Criminal Procedure 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 online.

September 28, 2015
ATTEST: Eileen Fox, Clerk
Supreme Court of New Hampshire


The Supreme Court of New Hampshire hereby appoints Attorney Abigail Albee to the Board of Bar Examiners, replacing Attorney Matthew Serge, who resigned from the board due to other commitments. Attorney Albee is appointed to serve the remainder of a three-year term expiring on November 1, 2016.

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


In accordance with Supreme Court Rule 37(3)(a), the court reappoints Ms. Elaine Holden, Attorney Heather Krans, Attorney David Rothstein, and Attorney Martha Van Oot to the Professional Conduct Committee of the Attorney Discipline System. Attorney Rothstein shall continue to serve as chair and Ms. Holden shall continue to serve as vice-chair of the committee. The terms of Ms. Holden, and Attorneys Krans, Rothstein and Van Oot shall commence January 1, 2016, and expire December 31, 2018.

Issued: October 2, 2015
ATTEST: Eileen Fox, Clerk of Court
Supreme Court of New Hampshire


LD-2015-0011
In the Matter of Anna M. Roulston, Esquire

On August 7, 2015, the Professional Conduct Committee (PCC) filed a recommendation that the respondent, Attorney Anna M. Roulston, be suspended from the practice of law in New Hampshire for a period of two years. In accordance with Supreme Court Rule 37(16), a copy of the recommendation was served upon the respondent along with an order requiring the respondent and disciplinary counsel to identify any legal or factual issues relating to the PCC’s recommendation that they wished to be reviewed. The order advised the respondent and disciplinary counsel that, if neither party filed a response to the order, no further hearing would be required and the matter could be decided based upon the record of the PCC proceeding. Neither the respondent or disciplinary counsel has filed a response to the order.

The PCC found that the respondent violated the following rules:

(1) Rule of Professional Conduct 5.5, by engaging in the unauthorized practice of law while under administrative suspension;

(2) Rule of Professional Conduct Rule 8.1(b), by failing to respond to lawful requests for information from, or to cooperate with, disciplinary authorities;

(3) Rule of Professional Conduct 8.4(a), by violating the Rules of Professional Conduct;

(4) Rule of Professional Conduct 8.4(b), by committing a criminal act involving dishonesty; and

(5) Rule of Professional Conduct 8.4(c), by engaging in conduct involving dishonesty.

The PCC recommends that the respondent be suspended from the practice of law for a period of two years and that she be ordered to reimburse the Attorney Discipline Office for all fees and costs incurred to inventory and dispose of her files after her administrative suspension and for the investigation and prosecution of this matter. The PCC also recommends that the respondent be required to file her 2012 Trust Accounting Certificates as a condition of reinstatement.

The court accepts the PCC’s recommended sanction. Accordingly, the court orders as follows:

(1) Attorney Anna M. Roulston is suspended from the practice of law in New Hampshire for a period of two years. If no motion for reconsideration is filed, this suspension shall take effect on October 14, 2015.

(2) Attorney Roulston is ordered to reimburse the Attorney Discipline Office for all costs and attorney’s fees associated with the inventory and dispositi3on of her client files after her administrative suspension.

(3) Attorney Roulston is ordered to reimburse the Attorney Discipline Office for all costs associated with the investigation and prosecution of this matter.

(4) As a condition of reinstatement, Attorney Roulston shall be required to file her 2012 Trust Accounting Certificate.

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

DATE: October 2, 2015
ATTEST: Eileen Fox, Clerk

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