P R E S S   R E L E A S E

 

 

FOR IMMEDIATE RELEASE

September 7, 2000

The justices of the New Hampshire Supreme Court are aware that questions have arisen about the court's "Special Matters Confidential" (SMC) docket. The following statement addresses some of the concerns expressed about the docket. The court will issue a complete report on the docket in the near future.

The court has reviewed the cases on the SMC docket back to 1992, and it is releasing a complete list of SMC docket numbers for that period and a brief description of each matter. The SMC docket has been used almost exclusively for bar association and conduct matters. It was created administratively as a confidential docket to protect information determined to be confidential under court rule or order, such as a petition filed by the New Hampshire Supreme Court's Committee on Professional Conduct to determine whether an attorney is disabled (see Rule 37(17)(e) and (18)(b)), or an application for admission to the bar (see Rule 42(h)), which contains information of a highly personal nature, e.g., medical background, credit information, etc.

Until now, the determination of whether a file should be placed on the SMC docket was made solely by the clerk of court. The clerk's decision to place a matter on this confidential docket was not brought to the attention of the justices. In the future, the decision to maintain a file as confidential will be made by a justice of the court.

The court is in the process of reviewing the files that were placed on the SMC docket in the past to determine whether the designation in each case was appropriate. If it determines that there is not a specific basis for designating the file as confidential, such as a statute, court rule, or court order, it will make the file public. The court anticipates that this review process will be completed by the end of September 2000, and it will make public the results of its review.

The court also will develop written guidelines governing the future designation of files as confidential. The guidelines will recognize the public's right to access court records under part I, article 8 of the New Hampshire Constitution, and will articulate the considerations or circumstances in which the public's right to access must be balanced against an individual's right to privacy. The guidelines will also ensure that there is judicial oversight of all matters relating to files that are maintained as confidential.

SPECIAL MATTERS CONFIDENTIAL DOCKET

1992

SMC-92-001 Request to sit for bar exam.

SMC-92-002 Letter seeking determination of eligibility to sit for bar exam.

SMC-92-003 Motion to waive fine for failure to file annual trust accounting form on timely basis.

SMC-92-004 Appeal of private reprimand imposed by PCC.

SMC-92-005 Affidavit of attorney resignation from bar while subject of PCC investigation.

SMC-92-006 Petition for readmission to bar.

SMC-92-007A Order to show cause why attorney should not be suspended for failure to pay PCC fee and PCC special assessment.

SMC-92-007B Motion for permission to take bar exam.

SMC-92-008A Order to show cause why attorney should not be suspended for failure to pay PCC fee and PCC special assessment.

SMC-92-008B Motion to take bar exam.

SMC-92-009A Order to show cause why previous suspension should not be extended to included payment of PCC fee and PCC special assessment as condition of reinstatement.

SMC-92-009B Petition to take bar exam.

SMC-92-010A Order to show cause why attorney should not be suspended for failure to pay PCC fee and PCC special assessment.

SMC-92-010B Motion to request permission to take bar exam.

SMC-92-011 Motion to take bar exam.

SMC-92-012 Motion for permission to take bar exam.

SMC-92-013 Motion for permission to take bar exam.

SMC-92-014 Motion for leave to take bar exam.

SMC-92-015 Motion for leave to take bar exam.

SMC-92-016 Petition to sit for bar exam.

SMC-92-017 Motion for leave to take bar exam.

SMC-92-018 Petition to take bar exam.

SMC-92-019 Motion to take bar exam.

SMC-92-020 Motion for leave to take bar exam.

SMC-92-021 Motion for leave to take bar exam.

SMC-92-022 Motion to take bar exam.

SMC-92-023 Motion requesting permission to take bar exam.

SMC-92-024 PCC petition for production of records, audit of trust and operating accounts, and appointment of auditor.

SMC-92-025 PCC petition for show cause order and for production of records, audit of trust and operating accounts, and appointment of auditor.

SMC-92-026 PCC petition for production of records, audit of trust and operating accounts, and appointment of auditor.

SMC-92-027 PCC petition for production of records, audit of trust and operating accounts, and appointment of auditor.

SMC-92-028 PUBLIC FILE In the Matter of James N. Papatones - PCC petition for production of records, audit of trust and operating accounts, and appointment of auditor.

SMC-92-029 Recommendation of Character and Fitness Committee regarding application for admission to bar.

SMC-92-030 PCC motion for issuance of subpoena.

SMC-92-031 Respondent's motion for issuance of subpoena and motion for transport of witness for PCC proceeding.

SMC-92-032 Petition for resignation from bar while subject of PCC investigation.

SMC-92-033 Motion to sit for bar exam.

SMC-92-034 Motion to take bar exam.

SMC-92-035 Motion for leave to take bar exam.

SMC-92-036 Motion to take bar exam.

SMC-92-037 Motion to take bar exam.

 

1993

SMC-93-001 Motion to take bar exam.

SMC-93-002 Petition for prehearing discovery orders pursuant to Rule 37(6) related to PCC proceedings.

SMC-93-003 PCC motion for issuance of subpoena.

SMC-93-004 Application for release of information regarding attorney who resigned.

SMC-93-005 Respondent's motion for issuance of subpoena in PCC proceeding.

SMC-93-006 PCC petition for production of records, audit of trust and operating accounts, and appointment of auditor.

SMC-93-007A Request to take bar exam.

SMC-93-007B PCC motion for issuance of subpoenas.

SMC-93-008 Motion to sit for bar exam.

SMC-93-009 Motion to take bar exam.

SMC-93-010 Motion to take bar exam.

SMC-93-011 Motion to take bar exam.

SMC-93-012 Motion to take bar exam.

SMC-93-013 Motion to sit for bar exam.

SMC-93-014 Motion to sit for bar exam.

SMC-93-015 Request for voluntary suspension under Rule 37(8)(c) and for stay of pending PCC proceedings.

SMC-93-016 PCC petition for accounting. PUBLIC OPINION ISSUED on July 27, 1994, In the Matter of Unnamed Attorney and Title Co.

SMC-93-017 PCC motion for issuance of subpoena.

SMC-93-018 Motion to waive requirement of graduation from ABA accredited law school, and to take bar exam.

SMC-93-019 Petition to reinstate active bar membership.

SMC-93-020 Petition to waive requirement of graduation from ABA accredited law school to take bar exam.

SMC-93-021 PCC motion for issuance of subpoenas.

SMC-93-022 Motions for leave to sit for bar exam.

SMC-93-023 Voluntary suspension from practice pursuant to Rule 38(8)(a).

 

1994

SMC-94-001 Application for readmission to bar.

SMC-94-002 Motion to allow late bar application.

SMC-94-003 Motion to allow late bar application.

SMC-94-004 Petition to waive bar exam and for readmission to bar.

SMC-94-005 Voluntary suspension from practice pursuant to Rule 37(8)(c) and to stay pending disciplinary proceedings.

SMC-94-006 Motion to waive requirement for administration of oath within two years after passing bar exam.

SMC-94-007 Order to show cause why attorney should not be suspended for failure to take practical skills course and motion for extension of time to take practical skills course.

SMC-94-008 Order to show cause why attorney should not be suspended for failure to take practical skills course and motion for extension of time to take practical skills course.

SMC-94-009 Order to show cause why attorney should not be suspended for failure to take practical skills course and motion for extension of time to take practical skills course.

SMC-94-010 Order to show cause why attorney should not be suspended for failure to take practical skills course and motion for extension of time to take practical skills course.

SMC-94-011 Order to show cause why attorney should not be suspended for failure to take practical skills course and motion for extension of time to take practical skills course.

SMC-94-012 Petition for readmission to bar.

SMC-94-013 PCC motion for issuance of subpoenas.

SMC-94-014 PUBLIC FILE - Petition of Peter Hoe Burling - Petition for release of PCC files from conditions of confidentiality. Opinion issued December 29, 1994.

SMC-94-015 Respondent's motion for issuance of subpoena in PCC proceeding.

SMC-94-016 Petition for extension of time to complete practical skills course.

SMC-94-017 Motions to take bar exam.

SMC-94-018 Request for issuance of subpoenas in PCC proceeding.

SMC-94-019 Motion for protective order in PCC proceeding.

SMC-94-020 Motion for issuance of subpoena in PCC proceeding.

SMC-94-021 Request for reasonable accommodations under American with Disabilities Act in connection with bar exam.

SMC-94-022 Motion to take bar exam.

SMC-94-023 Motion for issuance of subpoenas in PCC proceedings.

SMC-94-024 Order to show cause why attorney should not be suspended for failure to file certificate of compliance for continuing legal education and failure to pay late and delinquency fees.

SMC-94-025 Order to show cause why attorney should not be suspended for failure to file certificate of compliance for continuing legal education and failure to pay late and delinquency fees.

SMC-94-026 Order to show cause why attorney should not be suspended for failure to file certificate of compliance for continuing legal education and failure to pay late and delinquency fees.

SMC-94-027 Order to show cause why attorney should not be suspended for failure to file certificate of compliance for continuing legal education and failure to pay late and delinquency fees.

SMC-94-028 Order to show cause why attorney should not be suspended for failure to file certificate of compliance for continuing legal education and failure to pay late and delinquency fees.

SMC-94-029 Order to show cause why attorney should not be suspended for failure to file certificate of compliance for continuing legal education and failure to pay late and delinquency fees.

SMC-94-030 Order to show cause why attorney should not be suspended for failure to file certificate of compliance for continuing legal education and failure to pay late and delinquency fees.

SMC-94-031 Order to show cause why attorney should not be suspended for failure to file certificate of compliance for continuing legal education and failure to pay late and delinquency fees.

SMC-94-032 Order to show cause why attorney should not be suspended for failure to file certificate of compliance for continuing legal education and failure to pay late and delinquency fees.

SMC-94-033 Order to show cause why attorney should not be suspended for failure to file certificate of compliance for continuing legal education and failure to pay late and delinquency fees.

SMC-94-034 Order to show cause why attorney should not be suspended for failure to file certificate of compliance for continuing legal education and failure to pay late and delinquency fees.

SMC-94-035 Order to show cause why attorney should not be suspended for failure to file certificate of compliance for continuing legal education and failure to pay late and delinquency fees.

SMC-94-036 Order to show cause why attorney should not be suspended for failure to file certificate of compliance for continuing legal education and failure to pay late and delinquency fees.

SMC-94-037 Order to show cause why attorney should not be suspended for failure to file certificate of compliance for continuing legal education and failure to pay late and delinquency fees.

SMC-94-038 Order to show cause why attorney should not be suspended for failure to file certificate of compliance for continuing legal education and failure to pay late and delinquency fees.

SMC-94-039 Petition to take bar exam.

SMC-94-040 PCC motion for issuance of subpoena.

SMC-94-041 PCC petition to treat resignation of attorney from bar as voluntary suspension.

SMC-94-042 PCC motion for issuance of subpoena.

SMC-94-043 PCC motion for issuance of subpoena.

SMC-94-044 PCC petition for production of records, audit of trust and operating accounts, and appointment of auditor.

SMC-94-045 Motion for reinstatement as attorney to practice.

SMC-94-046 Motions to take bar exam.

SMC-94-047 Motion for re-reading of bar exam and summary reversal of bar exam result.

SMC-94-048 Motion to take bar exam.

1995

SMC-95-001 Petition challenging constitutionality of rule governing confidentiality in attorney disciplinary process. PUBLIC OPINION ISSUED May 8, 1996, Petition of Troy E. Brooks.

SMC-95-002 Recommendation of Character and Fitness Committee regarding application for admission to bar.

SMC-95-003 Recommendation of Character and Fitness Committee regarding application for admission to bar.

SMC-95-004 Motion to quash subpoena issued in PCC proceeding.

SMC-95-005 PCC motion for issuance of subpoena.

SMC-95-006 Application for readmission to bar.

SMC-95-007 Petition for extraordinary relief, including an order allowing petitioner to make certain PCC proceedings public.

SMC-95-008 PCC petition for production of records, audit of trust and operating accounts, and appointment of auditor.

SMC-95-009 PCC petition for production of records, audit of trust and operating accounts, and appointment of auditor.

SMC-95-010 PCC petition to determine if attorney is incapacitated.

 

1996

SMC-96-001 Affidavit of attorney resignation from bar while subject of PCC investigation.

SMC-96-002 PCC motion for issuance of subpoena.

SMC-96-003 PCC motion for issuance of subpoena.

SMC-96-004 Motion by attorneys for issuance of subpoenas in PCC proceeding.

SMC-96-005 Petition by attorney for voluntary suspension due to incapacity and for stay of PCC proceedings.

SMC-96-006 Recommendation of Character and Fitness Committee regarding application for admission to bar. PUBLIC OPINION ISSUED April 3, 1997, Application of T.J.S.

SMC-96-007 PUBLIC FILE In the Matter of Bruce E. Barron - Motion for authorization to administer legal files of deceased attorney.

SMC-96-008 Attorney General's application for multicounty grand jury.

SMC-96-009 PCC motion for issuance of subpoena.

SMC-96-010 PCC motion for issuance of subpoena.

SMC-96-011 Respondent's motion for issuance of subpoena in PCC proceeding.

SMC-96-012 PCC petition to determine if attorney is incapacitated.

SMC-96-013 Affidavit of resignation from bar while subject of PCC investigation.

SMC-96-014 PCC petition for production of records, audit of trust and operating accounts, and appointment of auditor.

SMC-96-015 PCC petition for production of records, audit of trust and operating accounts, and appointment of auditor.

 

1997

SMC-97-001 Order to file trust accounting compliance certificate and to pay fine.

SMC-97-002 Referral by PCC of indictments against attorney.

SMC-97-003 PCC petition to determine if attorney is incapacitated.

SMC-97-004 Motion for temporary restraining order to prevent public disclosure of complaint under investigation by PCC.

SMC-97-005 Appeal of private reprimand issued by PCC.

SMC-97-006 Order to pay fine for late filing of trust accounting certificate.

SMC-97-007 Order to pay fine for late filing of trust accounting certificate.

SMC-97-008 Order to pay fine for late filing of trust accounting certificate.

SMC-97-009 Order to pay fine for late filing of trust accounting certificate.

SMC-97-010 Order to pay fine for late filing of trust accounting certificate.

SMC-97-011 Order to pay fine for late filing of trust accounting certificate.

SMC-97-012 Number reserved but never used.

SMC-97-013 Number reserved but never used.

SMC-97-014 Number reserved but never used.

SMC-97-015 Number reserved but never used.

SMC-97-016 Number reserved but never used.

SMC-97-017 Order to pay fine for late filing of trust accounting certificate.

SMC-97-018 Order to pay fine for late filing of trust accounting certificate.

SMC-97-019 Order to pay fine for late filing of trust accounting certificate.

SMC-97-020 Order to pay fine for late filing of trust accounting certificate.

SMC-97-021 PCC petition for production of records, audit of trust and operating accounts, and appointment of auditor.

SMC-97-022 PCC petition to determine if attorney is incapacitated.

SMC-97-023 Application for readmission to bar.

SMC-97-024 Motion for waiver of bar exam deadline.

 

1998

SMC-98-001 PCC petition for production of records, audit of trust and operating accounts, and appointment of auditor.

SMC-98-002 Petition requesting appointment of counsel to inventory files and protect clients due to illness of attorney.

SMC-98-003 PCC motion for issuance of subpoena.

SMC-98-004 Motion for issuance of deposition subpoena in PCC proceeding.

SMC-98-005 PCC petition to determine whether attorney is incapacitated.

1999

SMC-99-001 PUBLIC FILE - In the Matter of Frederic L. Cox - Order appointing counsel to inventory files and protect clients due to death of attorney.

SMC-99-002 Petition for readmission to bar.

SMC-99-003 PCC petition for protective orders to maintain integrity of confidentiality provision of RSA 169-C.

SMC-99-004 PCC petition for production of records, audit of trust and operating accounts, and appointment of auditor.

2000

SMC-00-001 PUBLIC FILE Petition of W. Stephen Thayer, III - Petition for writ of prohibition and motion to stay JCC proceedings.

SMC-00-002 PCC petition to determine whether attorney is incapacitated.

SMC-00-003 PUBLIC FILE Petition of Peter DeVere - Petition for review of JCC protective order.

SMC-00-004 Petition for review of JCC protective order.