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Supreme Court Rules Table of Contents

RULES OF THE SUPREME COURT OF THE STATE OF NEW HAMPSHIRE

ADMINISTRATIVE RULES 35 TO 59

Rule 42A. Non-payment Of Court Fees and Bar Dues by an Attorney or Foreign Legal Consultant.



(I)  Bar Dues.

        (A) The New Hampshire Bar Association shall report to the court the names of attorneys admitted to the bar of this State who have not paid within 60 days of the date on which it is due the annual fees assessed by the court or the annual bar dues provided for in the Constitution and By-Laws of the New Hampshire Bar Association. The court shall require the attorneys reported to show cause why they should not be suspended from the practice of law in this State for non-payment of the court fees or bar dues. If the court determines that an attorney has not shown good cause for non-payment of court fees or bar dues, an order shall be issued suspending that attorney from the practice of law in this State.

(B) (1)  An attorney seeking reinstatement shall file a petition for reinstatement with the court following payment of all court fees and bar dues owed in accordance with the provisions of said Constitution and By-Laws. The petition for reinstatement shall be accompanied by the required filing fee. If the petition to this court is filed more than one year after the date of the order suspending the attorney from the practice of law in this State, the petition shall be accompanied by evidence of continuing competence and learning in the law, and evidence of continuing moral character and fitness. If the evidence of continuing competence and learning in the law, and evidence of continuing moral character and fitness, are satisfactory to the court, the court may order reinstatement upon such conditions as it deems appropriate. 

     (2) If the evidence of continuing competence and learning in the law is not satisfactory to the court, the court shall refer the petition for reinstatement to the professional conduct committee for review. The professional conduct committee shall review the petition and conduct such proceedings as it deems necessary to make a recommendation to the court as to whether the petition should be granted. The professional conduct committee shall file its recommendations and findings, together with the record, with the court. Following the submission of briefs, if necessary, and oral argument, if any, the court shall enter a final order.

     (3) If the evidence of continuing moral character and fitness is not satisfactory to the court, the court shall order the attorney to file with the committee on character and fitness and with the clerk of the supreme court the petition and questionnaire referred to in Supreme Court Rule 42(VI)(c). Further proceedings shall be governed by Rule 42.


(II) Foreign Legal Consultant Annual Fees.
   

(A) The New Hampshire Bar Association shall report to the court the names of foreign legal consultants licensed to practice in New Hampshire who have not paid within 60 days of the date on which it is due the annual fee required by Rule 42D(7). The court shall require the foreign legal consultants reported to show cause why their licenses to practice as foreign legal consultants should not be suspended. If the court determines that a foreign legal consultant has not shown good cause for non-payment of the annual fee, an order shall be issued suspending the license of the foreign legal consultant.

(B)(1) A foreign legal consultant seeking reinstatement shall file a petition for reinstatement with the court following payment of all court fees owed. The petition for reinstatement shall be accompanied by the required filing fee.

If the petition to this court is filed more than one year after the date of the order suspending the foreign legal consultant, the petition shall be accompanied by evidence that the foreign legal consultant continues to meet the eligibility requirements for licensure set forth in Rule 42D(1). If the evidence that the foreign legal consultant continues to meet the eligibility requirements for licensure is satisfactory to the court, the court may order reinstatement upon such conditions as it deems appropriate.

(2) If the evidence that the suspended foreign legal consultant continues to meet the eligibility requirements of Rule 42D(1)(a), (b) or (d) is not satisfactory to the court, the court shall refer the petition for reinstatement to the professional conduct committee for review. The professional conduct committee shall review the petition and conduct such proceedings as it deems necessary to make a recommendation to the court as to whether the petition should be granted. The professional conduct committee shall file its recommendation and findings, together with the record, with the court. Following the submission of briefs, if necessary, and oral argument, if any, the court shall enter a final order.

(3) If the evidence that the suspended foreign legal consultant continues to meet the requirements of Rule 42D(1)(c) is not satisfactory to the court, the court shall order the foreign legal consultant to file with the committee on character and fitness and with the clerk of the supreme court the petition and questionnaire referred to in Supreme Court Rule 42(VI)(c). Further proceedings shall be governed by Rule 42.

 

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