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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

53.7. Sanctions And Appeal


    A. Delinquency -

1. Notice of Delinquency - Following the annual reporting date, the NHMCLE Board shall send a notice of delinquency to each lawyer not in compliance with this rule. To the extent administratively possible, the notice shall be sent within fifteen (15) days of the annual reporting date. Within thirty (30) days of the date appearing on the notice of delinquency, the lawyer shall comply with this rule for the prior reporting period.

2. Final Demand for Compliance - After this thirty (30) day period, if the lawyer has not complied with the rule to permit retroactive compliance, or fails to certify that the lawyer is exempt from the requirements, and/or has not paid any outstanding delinquency fee, the NHMCLE Board shall so notify the lawyer by certified mail that it will seek an order of the New Hampshire Supreme Court suspending the lawyer from the practice of law.

3. Sanctions - Failure of a lawyer to meet the compliance requirements of this rule will result in the imposition of delinquency fees as set forth in the regulations adopted by the NHMCLE Board.

    B. Reinstatement -

1.  Upon correction of the delinquency and payment to the NHMCLE Board of the delinquency fee, the delinquent lawyer shall be recorded as in compliance by the NHMCLE Board. However, if the lawyer shall have been suspended due to such delinquency, the suspended lawyer must also request the NHMCLE Board to move for reinstatement to the practice of law. Within thirty (30) days of a request for reinstatement by a lawyer, the NHMCLE Board shall submit a motion to the Supreme Court for reinstatement.

2.  If the request to the NHMCLE Board to move for reinstatement is filed with the NHMCLE Board more than one year after the date of the order suspending the person from the practice of law in this State, then the request shall be accompanied by evidence of continuing competence and learning in the law, and evidence of continuing moral character and fitness. The NHMCLE Board shall attach a copy of said evidence to the motion that it thereafter files with the Supreme Court for reinstatement.  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. 

If the evidence of continuing competence and learning in the law is not satisfactory to the court, the court shall refer the motion for reinstatement to the professional conduct committee for referral to a panel of the hearings committee. The hearing panel shall promptly schedule a hearing at which the attorney shall have the burden of demonstrating by a preponderance of the evidence that he or she has the competency and learning in law required for reinstatement. At the conclusion of the hearing, the hearing panel shall promptly file a report containing its findings and recommendations and transmit same, together with the record, to the professional conduct committee. The professional conduct committee shall review the report of the hearings committee panel, the record and the hearing transcript and shall file its own 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.

If the evidence of continuing moral character and fitness is not satisfactory to the court, the court shall order the applicant 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(5)(e). Further proceedings shall be governed by Rule 42.


    C. False Statements - Should the NHMCLE Board have reasonable grounds to believe that a lawyer has knowingly misstated his or her NHMCLE activity on the Annual Certificate of Compliance With Continuing Legal Education Requirements, the board shall notify the Attorney Discipline Office of the New Hampshire Supreme Court forthwith.

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