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Bar News - August 17, 2016

Supreme Court Orders

In accordance with Supreme Court Rule 37(3)(d), the Supreme Court appoints David W. McGrath, Vice President of the New Hampshire Bar Association, to serve as the Board of Governors’ representative on the Professional Conduct Committee, for a term commencing August 1, 2016, and expiring on August 1, 2017.

Issued: July 27, 2016
ATTEST: Eileen Fox, Clerk of Court
Supreme Court of New Hampshire

In the Matter of Eugene A. DiMariano, Jr., Esquire

On July 19, 2016, the Professional Conduct Committee (PCC) filed a recommendation that Attorney Eugene A. DiMariano, Jr. be disbarred and ordered to pay the cost related to this disciplinary matter. The recommendation was based on a stipulation in which Attorney DiMariano agreed that he had violated several Rules of Professional Conduct. In the stipulation, Attorney DiMariano conceded that disbarment is the appropriate sanction for his misconduct.

Based on the information contained in the stipulation, the court finds that Attorney DiMariano’s immediate suspension from the practice of law is necessary to protect the public and to preserve the integrity of the legal profession. See Rule 37(16)(d) and (f). Accordingly, it is hereby ordered:

(1) In accordance with Rule 37(16)(d) and (f), Attorney Eugene A. DiMariano, Jr. is immediately suspended from the practice of law in New Hampshire pending resolution of this disciplinary matter and further order of this court. Attorney DiMariano is enjoined from transferring, assigning, hypothecating, or in any manner disposing of or conveying any assets of clients, whether real, personal, beneficial, or mixed.

(2) A copy of the PCC’s recommendation shall be served upon Attorney DiMariano by first-class and certified mail at the latest address he provided to the New Hampshire Bar Association.

(3) Within 15 days from the date of this order, Attorney DiMariano may request a hearing on the issue of whether the interim suspension should be lifted, which will be promptly scheduled. See Reiner’s Case, 152 N.H. 163 (2005).

(4) On or before August 29, 2016, Attorney DiMariano and disciplinary counsel shall identify any legal or factual issues relating to the PCC’s recommendation that Attorney DiMariano and disciplinary counsel wish the court to review. See Rule 37(16)(c). If neither party files a response identifying issues to be reviewed, no further hearing shall be required and the court may decide this matter based upon the record of the PCC proceedings.

(5) If either party files a response to this order, an order shall be issued as to further proceedings.

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

DATE: July 28, 2016
ATTEST: Eileen Fox, Clerk

Pursuant to its oversight of the unified New Hampshire Bar, this Court requests a report regarding the status of the New Hampshire Bar Association’s structure, services, and strategic initiatives. The Court is interested in ensuring efficient delivery of services to the members of the Association and in making certain that the Bar Association is assisting and serving the public and the administration of justice. To ensure that the Bar Association continues its tradition of service, and in an effort to make New Hampshire a model of how a unified bar can best serve the profession and the public in the twenty-first century, the Court hereby appoints the following chairman and members of the Commission on the New Hampshire Bar in the Twenty-First Century to work in collaboration with the Bar Association to evaluate current structure, services, initiatives, and challenges and to report their findings/conclusions/recommendations no later than January 17, 2017:

Attorney Gordon J. MacDonald, Chair
Honorable John T. Broderick, Jr.
Attorney Ellen L. Arnold
Attorney John A. Curran
Attorney Mary Ann Dempsey
Attorney Heather Krans
Attorney Kathleen M. Mahan
Attorney Jack B. Middleton
Attorney Catherine E. Shanelaris
Attorney Daniel E. Will

Issued: July 29, 2016
ATTEST: Eileen Fox, Clerk of Court
Supreme Court of New Hampshire

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