Browse Previous PageTable of ContentsBrowse Next Page


Supreme Court Rules Table of Contents

RULES OF THE SUPREME COURT OF THE STATE OF NEW HAMPSHIRE

PROCEDURAL RULES 1 TO 34

 

RULE 32-A. COUNSEL IN GUARDIANSHIP, INVOLUNTARY ADMISSION, AND TERMINATION OF PARENTAL RIGHTS CASES.

 

(1)  Whether retained by the party or appointed by a trial court, trial counsel in a guardianship case commenced by the filing of a petition pursuant to RSA 464-A:4 or RSA 464-A:12, an involuntary admission case commenced by the filing of a petition pursuant to RSA 135-C:36, a civil commitment case filed under RSA 135-E, a termination of parental rights case commenced by the filing of a petition pursuant to RSA 170-C:4, or an involuntary admission case filed under RSA 171-B, shall be responsible for representing the party in the supreme court unless the supreme court relieves counsel from this responsibility for good cause shown.  When the party clearly indicates to counsel a desire to appeal, counsel shall be responsible for the filing of a notice of appeal.  Provided, however, that if counsel concludes that the appeal is frivolous, counsel must first attempt to persuade the party not to appeal.  If, however, the party insists on appealing, counsel shall file the notice of appeal, setting forth therein all arguable issues.  If counsel is thereafter ordered to file a brief, counsel shall examine the record and again determine whether any nonfrivolous arguments exist.  If counsel concludes that the appeal is frivolous, counsel shall again advise the party to withdraw the appeal.  If the party decides not to withdraw the appeal, counsel shall file a brief that argues the party's case as well as possible.  In such a case, the assertion of a frivolous issue before the court shall not constitute a violation of New Hampshire Rule of Professional Conduct 3.1.  However, in no case shall counsel deceive or mislead the court, or deliberately omit facts or authority that directly contradict counsel's arguments.  Cf. State v. Cigic, 138 N.H. 313, 318 (1994) (explaining scope of exception to Professional Conduct Rule 3.1 for asserting frivolous issues in criminal appeals).  

(2)  A motion to withdraw as counsel on appeal in a guardianship case commenced by the filing of a petition pursuant to RSA 464-A:4 or RSA 464-A:12, an involuntary admission case commenced by the filing of a petition pursuant to RSA 135-C:36, a civil commitment case filed under RSA 135-E, a termination of parental rights case commenced by the filing of a petition pursuant to RSA 170-C:4, or an involuntary admission case filed under RSA 171-B, must state reasons that would warrant the grant of leave to withdraw.  Absent a showing of exceptional circumstances, the motion must be accompanied by a showing that new counsel has been appointed by the trial court or retained to represent the party on appeal.  

(3)  Trial counsel shall continue to participate until and unless the motion to withdraw is approved by the supreme court. 

(4)   Any indigent party who wishes to be represented in the supreme court by court-appointed counsel, including indigent parties who were represented in the trial court by court-appointed counsel, must file a current "Financial Affidavit & Application for Court Appointed Counsel" (OCC Form 4) with the supreme court.  If the indigent party is the appellant, the current "Financial Affidavit & Application for Court Appointed Counsel" (OCC Form 4) shall accompany the appeal document.  Otherwise, the current "Financial Affidavit & Application for Court Appointed Counsel" (OCC Form 4) shall be filed within thirty days after the date that the appeal document is filed.

 

Browse Previous PageTable of ContentsBrowse Next Page


Supreme Court Rules Table of Contents