THE STATE OF NEW HAMPSHIRE
SUPREME COURT OF NEW HAMPSHIRE
O R D E R
Pursuant to Part II, Article 73-a of the New Hampshire Constitution and Supreme Court Rule 51, the Supreme Court of New Hampshire approves adoption of an amendment, on a temporary basis, to Supreme Court Rule 53.2(B) as set forth in Appendix A; and adoption of an amendment, on a temporary basis, to Supreme Court Rule 53.3(D) as set forth in Appendix B. These amendments shall take effect March 1, 2005, and shall be referred to the Advisory Committee on Rules for consideration of whether they should be adopted on a permanent basis.
December 27, 2004
Eileen Fox, Clerk
Supreme Court of New Hampshire
Amend on a temporary basis Supreme Court Rule 53.2(B) by deleting said section and replacing it with the following:
B. Exemptions From Rule - Rule 53.1(A) and, except as provided below, Rule 53.6 shall not apply to:
1. Lawyers admitted to practice during the reporting year, except when nine months or more remain in the reporting year. Lawyers admitted with nine (9) months or more remaining in the reporting year are subject to the requirements of Rule 53.1(A).
2. Lawyers on active duty for the United States Armed Forces stationed outside the State of New Hampshire for more than three (3) months of the reporting year. These lawyers must file a certificate of compliance pursuant to Rule 53.6 for each reporting year for which the lawyer is so exempted.
3. Lawyers whose status is inactive for more than three (3) months in a reporting year.
4. State and Federal full-time judges, judges retired from a full-time judgeship, full-time magistrates, full-time marital masters, the state reporter appointed pursuant to RSA 505:1, and full-time clerks and deputy clerks of court, provided however they are not engaged in the practice of law.
5. Lawyers who are elected State or Federal officials, provided however they are not engaged in the practice of law; and provided that such lawyers must nonetheless file a certificate of compliance pursuant to Rule 53.6 for each reporting year for which the lawyer is so exempted.
6. Lawyers who are exempted from Rule 53.2(A), in whole or in part, by the NHMCLE Board, upon petition, for compelling reasons. Such reasons may include, but are not limited to, physical or other disability or service as an elected official which prevents compliance with this rule during the period of such disability or service. Lawyers so exempted must nonetheless file a certificate of compliance pursuant to Rule 53.6 for each reporting year for which the lawyer is so exempted.
Amend on a temporary basis Supreme Court Rule 53.3(D) by deleting said subsection and replacing it with the following:
D. Requirements for Audio/Video Courses - NHMCLE credit shall be granted for exposure to audio or video tapes of approved courses which does not qualify as attendance at a live presentation, provided that (1) exposure to the course occurs in a setting conducive to intellectual concentration and effective study, (2) written course materials are available (at the time of exposure) for permanent retention by the student upon completion of the course, and (3) the course was not produced more than three (3) years prior to the date of exposure.