THE STATE OF NEW HAMPSHIRE

SUPREME COURT OF NEW HAMPSHIRE

 

O R D E R

 

R-2004-0002, In re 2004 Annual Report of the Advisory Committee on Rules

The New Hampshire Supreme Court Advisory Committee on Rules has reported the following rules to the New Hampshire Supreme Court with a recommendation that they be adopted:

 

A. SUPREME COURT RULES

1. Supreme Court Rule 12(1) re confidentiality of case records (Appendix A).

2. Supreme Court Rule 13 re the record on appeal (Appendix B).

3. Supreme Court Rule 19 re media access to court proceedings (Appendix C).

4. Supreme Court Rule 33(1) re appearances by attorneys who are not members of the New Hampshire bar (Appendix D).

5. Supreme Court Rule 37(1)(b) re attorney discipline system (jurisdiction) (Appendix E).

6. Supreme Court Rule 37(3)(a) re attorney discipline system (membership of professional conduct committee) (Appendix F).

7. Supreme Court Rule 37(14)(f) re attorney discipline system (reinstatement of attorneys suspended for six months or less) (Appendix G).

8. Supreme Court Rule 37(16)(g) re attorney discipline system (effect of appeal upon disciplinary order) (Appendix H).

9. Supreme Court Rule 37(23) re attorney discipline system (application of rule to proceedings pending upon its effective date) (Appendix I).

10. Supreme Court Rule 37A(III)(d)(4) re rules and procedures of attorney discipline system (effect of appeal upon disciplinary order) (Appendix J).

11. Supreme Court Rule 37A(VIII) re rules and procedures of attorney discipline system (application of rule to proceedings pending upon its effective date) (Appendix K).

12. Supreme Court Rule 38 re code of judicial conduct (terminology – definitions of "candidate" and "impartiality") (Appendix L).

13. Supreme Court Rule 38 re code of judicial conduct (Canon 1 commentary) (Appendix M).

14. Supreme Court Rule 38 re code of judicial conduct (Canon 2A commentary) (Appendix N).

15. Supreme Court Rule 38 re code of judicial conduct (Canon 3B) (Appendix O).

16. Supreme Court Rule 38 re code of judicial conduct (Canon 3E(1)) (Appendix P).

17. Supreme Court Rule 38 re code of judicial conduct (Canon 5) (Appendix Q).

18. Supreme Court Rule 42(3)(b) re filing deadlines for requests for testing accommodations for New Hampshire bar examination applications (Appendix R).

19. Supreme Court Rule 42(10)(a)(iv) re admission to the New Hampshire bar on motion (Appendix S).

20. Supreme Court Rule 42(10)(c) re admission to the New Hampshire bar on motion (Appendix T).

21. Supreme Court Rule 42(11) re admission to bar on motion (Vermont attorneys) (Appendix U).

22. Supreme Court Rule 42(12) re admission to bar on motion (Maine attorneys) (Appendix V).

23. Supreme Court Rule 45 re continuing judicial education (Appendix W).

24. Supreme Court Rule 48-B re mediator fees (Appendix X).

25. Supreme Court Rule 49 re fees (Appendix Y).

26. Supreme Court Rule 50-A(2) re trust accounts certification requirement (payment of fines by check) (Appendix Z).

27. Supreme Court Rule 54(4) re administrative council) (Appendix AA).

28. Supreme Court Rule 56 (III) re performance evaluation of judges (Appendix BB).

 

B. SUPERIOR COURT RULES

1. Superior Court Rule 19 re appearances by attorneys who are not members of the New Hampshire bar (Appendix CC).

2. Superior Court Rule 78 re photographing, recording and broadcasting courtroom proceedings (Appendix DD).

3. Superior Court Rule 98 C. re discovery in criminal cases (Appendix EE).

4. Superior Court Rule 102-A re plain error in criminal proceedings (Appendix FF).

5. Superior Court Rule 169 re fees (Appendix GG).

 

C. SUPERIOR COURT ADMINISTRATIVE RULES

1. Superior Court Administrative Rule 12-8 re continuing education requirements for marital masters (Appendix HH).

 

D. DISTRICT AND MUNICIPAL COURT RULES

1. District and Municipal Court Rule 1.3 C re appearances by attorneys who are not members of the New Hampshire bar (Appendix II).

2. District and Municipal Court Rule 1.4 re photographing, recording and broadcasting courtroom proceedings (Appendix JJ).

3. District and Municipal Court Rule 2.10-A re plain error in criminal proceedings (Appendix KK).

4. District and Municipal Court Rule 3.3 re fees (Appendix LL).

 

E. PROBATE COURT RULES

1. Probate Court Rule19 re appearances by attorneys who are not members of the New Hampshire bar (Appendix MM).

2. Probate Court Rule 78 re photographing, recording and broadcasting courtroom proceedings (Appendix NN).

3. Probate Court Rule 78-A re transcripts (Appendix OO).

4. Probate Court Rule 91 re adoption of foreign-born children (Appendix PP).

5. Probate Court Rule 169 re fees (Appendix QQ).

 

F. FAMILY DIVISION PILOT PROGRAM RULES

1. Family Division Pilot Program Rule regarding Adoption, Termination of Parental Rights, and Guardianships of Minors re fees (Appendix RR).

 

G. RULES OF EVIDENCE

1. Evidence Rule 103(f) re rulings on evidence (plain error) (Appendix SS).

2. Rule of Evidence 609(a) re impeachment by evidence of conviction of crime (Appendix TT).

 

H. STATUTORY REQUIREMENTS AND GUIDELINES FOR THE PROCESSING AND DISPOSITION OF ABUSE AND NEGLECT CASES IN THE DISTRICT COURTS

1. Guidelines 1-52 (repeal) (Appendix UU).

On or before Monday, August 2, 2004, members of the bench, bar, legislature, executive branch, or public may file with the clerk of the supreme court comments on any of the above rules. An original and seven copies of all comments shall be filed. Comments may also be e-mailed to the court at:

rulescomment@courts.state.nh.us

Copies of the proposed changes are available upon request to the clerk of the supreme court at the N.H. Supreme Court Building, 1 Noble Drive, Concord, New Hampshire 03301 (Tel. 271-2646). In addition, the proposed changes are available on the Internet at:

http://www.courts.state.nh.us/index.htm

The current rules of the New Hampshire state courts are also available on the Internet at:

http://www.courts.state.nh.us/rules/index.htm

 

June 9, 2004

 

ATTEST: Eileen Fox, Clerk

Supreme Court of New Hampshire

 

 

APPENDIX A

 

Adopt Supreme Court Rule 12(1) on a permanent basis as set forth below; Rule 12(1) was amended on a temporary basis by order dated June 10, 2003.

 

(1) Supreme Court Records Subject to Public Inspection.

(a) General Rule. In all cases in which relief is sought in the supreme court, all pleadings, docketed entries, and filings related thereto (hereinafter referred to as "case records") shall be available for public inspection unless otherwise ordered by the court in accordance with this rule.

(b) Exceptions. The following categories of case records are not available for public inspection.

(1) records of juvenile cases, including cases of delinquency, abuse or neglect, children in need of services, termination of parental rights, and adoption, which by statute are confidential;

(2) records of guardianship cases filed under RSA chapter 463, but only to the extent that such records relate to the personal history or circumstances of the minor and the minor's family, see RSA 463.9;

(3) records of guardianship cases filed under RSA chapter 464-A, but only to the extent that such records directly relate to alleged specific functional limitations of the proposed ward, see RSA 464-A.8;   

(4) applications for a grand jury and grand jury records, which by statute and common law are confidential;

(5) records of other cases that are confidential by statute, administrative or court rule, or court order.

(c) Burden of Proof. The burden of proving that a case record or a portion of a case record should be confidential rests with the party or person seeking confidentiality.

(d) Notwithstanding anything in this rule to the contrary, the supreme court may make public any order or opinion of the supreme court dismissing, declining, summarily disposing of, or deciding any case. Information which would compromise the court's determination of confidentiality, e.g., the name of a juvenile, shall be omitted or replaced by a descriptive term.

 

APPENDIX B

Adopt on a permanent basis Supreme Court Rule 13, which was adopted on a temporary basis by supreme court order dated December 30, 2003, and which provides as follows:

RULE 13. THE RECORD

(1) The papers and exhibits filed and considered in the proceedings in the lower court or administrative agency from which the questions of law have been transferred, the transcript of proceedings, if any, and a certified copy of the docket entries prepared by the clerk of the lower court or administrative agency shall be the record in all cases entered in the supreme court.

(2) The moving party shall be responsible for ensuring that all or such portions of the record relevant and necessary for the court to decide the questions of law presented by the case are in fact provided to the supreme court. The supreme court may dismiss the case for failure to comply with this requirement.

(3) The supreme court will not ordinarily review any part of the record that has not been provided to it in an appendix or transmitted to it. See Rules 13(2), 17(1).

(4) If the moving party seeks to have papers or exhibits filed in the court or agency below transmitted to the supreme court for review, then on or before the date established by the supreme court for filing the opening brief, the moving party shall designate the papers and exhibits to be transferred in a letter to the clerk of the supreme court, with copies to the clerk of the court or agency below and all other parties.

If any other party seeks to have papers or exhibits filed in the court or agency below transmitted to the supreme court for review, then on or before the date established by the supreme court for filing the opposing brief, the party shall designate the papers and exhibits to be transferred in a letter to the clerk of the supreme court, with copies to the clerk of the court or agency below and all other parties.

(5) The clerk of the supreme court shall order the lower court or administrative agency to transmit the designated papers and exhibits to the supreme court. Neither the original nor a reproduction of the record nor any part of the record shall be transmitted to the supreme court by the lower court or administrative agency from which the questions of law have been transferred, unless a supreme court order, rule, or form expressly requires such a transmittal.

(6) In lieu of the record as defined in section (1) of this rule, the parties may prepare and sign an original and 12 copies of a statement of the case showing how the questions of law transferred arose and were decided, and setting forth only so many of the agreed facts as are essential to a decision of the questions presented.

(7) If more than one transfer of questions of law in a case is made to the supreme court, each moving party shall comply with the provisions of rule 14(1) and of this rule and a single record shall be transmitted.

Transition Period

The amendments to Supreme Court Rules 3, 5, 6, 7, 10, 13, 15, 16, 17, 18, 21, and 25 that take effect on January 1, 2004, shall apply to any case first docketed in the supreme court on or after January 1, 2004; that is, any case with a docket number of "2004-XXXX." Any case docketed in the supreme court prior to January 1, 2004, e.g., cases with docket numbers such as "2003-XXXX" or "2002-XXXX," shall not be governed by the aforesaid amendments.

 

APPENDIX C

Amend Supreme Court Rule 19 by deleting said rule and replacing it with the following.

RULE 19. MEDIA ACCESS TO COURT PROCEEDINGS

With prior notice to the clerk, and the consent of the court, any person may record and photograph, or broadcast by radio or television, the oral proceedings of the supreme court, provided that the orderly procedures of the court are not impaired or interrupted.

(1) Prior Notice. Members of the broadcast media who wish to cover a proceeding are required to give reasonable notice to the court information officer in advance of the court session. The court information officer will notify the court clerk and court security of media coverage.

(a) No more than one still photographer and one videographer may be in the courtroom at one time. Video equipment must remain stationary during the entire court session. Rotation of still photographers will be under the direction of the court information officer who will minimize movement while court is in session.

(b) No person or organization will have exclusive access to a proceeding in the courtroom. The court information officer will advise media outlets if pool coverage is necessary.

(2) Equipment. Broadcast media should arrive at least thirty (30) minutes prior to oral argument to begin setting up equipment. All equipment must be in place and tested fifteen (15) minutes in advance of the time scheduled for the court session. Equipment may not be adjusted or dismantled during the proceedings.

(a) Exact locations for all video and still cameras, and audio equipment within the courtroom will be determined by the court information officer. Movement in the courtroom is prohibited, unless specifically approved by the court information officer.

(b) Video and photographic equipment must be of professional quality with minimal noise so as not to disrupt the proceedings; flash equipment and other supplemental lighting or sound equipment is prohibited unless specifically approved by the court.

(c) Handheld tape recording devices may be used but shall not be placed on the bar to the well of the courtroom.

(d) Cellular telephones should be turned off or muted at all times.

(3) Courtroom Conduct. Broadcast or print interviews will not be permitted inside the courtroom or anywhere in the supreme court building either before or after oral argument unless specifically approved by the court information officer. Exceptions may be made in case of inclement weather.

(a) Distribution of printed material, including pamphlets and flyers of any kind, is prohibited both in the courtroom and in the supreme court building.

(b) Photographers, videographers and technical support staff covering a proceeding shall avoid activity that might distract participants or impair the dignity of the proceedings.

(c) All media personnel shall observe the customs of the court.

(d) Appropriate dress is required.

Comment

Supreme Court Rule 19 provides generally that, with prior notice to the clerk, oral proceedings before the court may be broadcast, recorded and photographed by members of the media; but the rule requires that such activities not impair or interrupt the orderly procedures of the court. The purpose of the amended rule is to define that conduct which the court considers appropriate to avoid disruption of proceedings. The rule is subject to orders of the court in particular cases.

 

APPENDIX D

Amend Supreme Court Rule 33(1) by deleting said paragraph and replacing it with the following:

(1) (a) An attorney, who is not a member of the Bar of this State, shall not be allowed to enter an appearance in any case, except on application to appear pro hac vice, which may be granted if a member of the Bar of this State is associated with him or her and present at oral argument.

(b) An attorney who is not a member of the Bar of this State seeking to appear pro hac vice shall file a verified application with the court, which shall contain the following information:

(1) the applicant's residence and business address;

(2) the name, address and phone number of each client sought to be represented;

(3) the courts before which the applicant has been admitted to practice and the respective period(s) of admission;

(4) whether the applicant: (i) has been denied admission pro hac vice in this State; (ii) had admission pro hac vice revoked in this State; or (iii) has otherwise formally been disciplined or sanctioned by any court in this state. If so, the applicant shall specify the nature of the allegations; the name of the authority bringing such proceedings; the caption of the proceedings, the date filed, and what findings were made and what action was taken in connection with those proceedings;

(5) whether any formal, written disciplinary proceeding has ever been brought against the applicant by any disciplinary authority in any other jurisdiction within the last five years and, as to each such proceeding: the nature of the allegations; the name of the person or authority bringing such proceedings; the date the proceedings were initiated and finally concluded; the style of the proceedings; and the findings made and actions taken in connection with those proceedings;

(6) whether the applicant has been formally held in contempt or otherwise sanctioned by any court in a written order in the last five years for disobedience to its rules or orders, and, if so: the nature of the allegations; the name of the court before which such proceedings were conducted; the date of the contempt order or sanction, the caption of the proceedings, and the substance of the court's rulings (a copy of the written order or transcript of the oral rulings shall be attached to the application);

(7) the name and address of each court or agency and a full identification of each proceeding in which the applicant has filed an application to appear pro hac vice in this State within the preceding two years; the date of each application; and the outcome of the application; and

(8) the verified application shall contain the name, address, telephone number and bar number of an active member in good standing of the Bar of this State who will be associated with the applicant and present at oral argument.

(c) The court has discretion as to whether to grant applications for admission pro hac vice. An application ordinarily should be granted unless the court finds reason to believe that such admission:

(1) may be detrimental to the prompt, fair and efficient administration of justice;

(2) may be detrimental to legitimate interests of parties to the proceedings other than the client(s) the applicant proposes to represent;

(3) one or more of the clients the applicant proposes to represent may be at risk of receiving inadequate representation and cannot adequately appreciate that risk; or

(4) the applicant has engaged in such frequent appearances as to constitute common practice in this State.

 

APPENDIX E

Amend Supreme Court Rule 37(1)(b) by deleting said subparagraph and replacing it with the following:

(b) Jurisdiction: Any attorney admitted to practice law in this State, and any attorney specially admitted by a court of this State for a particular proceeding, and any attorney not admitted in this State who practices law or renders or offers to render any legal services in this State, and any non-lawyer representative permitted to represent other persons before the courts of this State pursuant to RSA 311:1, is subject to the disciplinary jurisdiction of this court and the attorney discipline system.

Nothing herein contained shall be construed to deny to any other court such powers as are necessary for that court to maintain control over proceedings conducted before it, such as the power of contempt. Suspension or disbarment of an individual subject to the attorney discipline system shall not terminate jurisdiction of this court.

 

APPENDIX F

Adopt Supreme Court Rule 37(3)(a), which was amended on a temporary basis by supreme court order dated October 22, 2003, on a permanent basis, so that said subsection (3)(a) shall state as follows:

(3) Professional Conduct Committee:

(a) The court shall appoint a committee to be known as the professional conduct committee which shall consist of twelve members, one of whom shall be designated by the court as the chair. Two members of the professional conduct committee shall be designated by the court as vice chairs, to act in the absence or disability of the chair. One of the vice chairs must be an attorney, and the other must be a non-attorney. At least four of the members of the professional conduct committee shall be non-attorneys. The court shall attempt to appoint members of the professional conduct committee from as many counties in the State as is practicable; and one of the members shall be designated pursuant to section (3)(d), and shall have both the special term of office and the additional special responsibilities set forth therein.

In the event that any member of the professional conduct committee has a conflict of interest or is otherwise disqualified from acting with respect to any proceeding before the professional conduct committee, the court may, upon request or upon its own motion, appoint another person to sit on such proceeding and such temporary replacement, rather than the disqualified member, shall be considered a professional conduct committee member for quorum and voting purposes in connection with such investigation or proceeding.

 

APPENDIX G

Amend Supreme Court Rule 37(14) by adding a new subsection (f), so that said section (14) as amended shall state:

(14) Reinstatement and Readmission:

(a) An attorney who has been suspended for a specific period may not move for reinstatement until the expiration of the period of suspension, and upon the completion of all terms and conditions set forth in the order of suspension.

(b) General Rule: A motion for reinstatement by an attorney suspended for misconduct by the court, rather than for disability, or an application for readmission by a New Hampshire licensed attorney who has been disbarred by the court or has resigned while under disciplinary investigation shall be referred to the professional conduct committee by the supreme court. An application for readmission shall also be referred to the character and fitness committee pursuant to Supreme Court Rule 42. A motion for reinstatement by an attorney suspended by the professional conduct committee shall be filed directly with that committee. Upon receipt of a motion for reinstatement or an application for readmission, the professional conduct committee shall refer the motion or application to a panel of the hearings committee. The attorney discipline office shall then cause a notice to be published in a newspaper with statewide circulation, and one with circulation in the area of the respondent’s former primary office, as well as the New Hampshire Bar News that the respondent attorney has moved for reinstatement or applied for readmission. The notice shall invite anyone to comment on the motion or application by submitting said comments in writing to the attorney discipline office within twenty (20) days. All comments shall be made available to the respondent attorney. Where feasible, the attorney discipline office shall give notice to the original complainant. The hearing panel shall promptly schedule a hearing at which the respondent shall have the burden of demonstrating by clear and convincing evidence that he or she has the moral qualifications, competency and learning in law required for admission to practice law in this State and that the resumption of the practice of law will be neither detrimental to the integrity and standing of the bar or the administration of justice nor subversive to the public interest. 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 hearing panel and the record, allow the filing of written memoranda by disciplinary counsel and the respondent, review the hearing transcript and hold oral argument. Thereafter, the professional conduct committee shall file its own recommendations and findings with the court, together with the record. Following the submission of briefs and oral argument to the court, if any, the court shall enter a final order.

(c) In all proceedings upon a motion for reinstatement or application for readmission, cross-examination of the respondent attorney’s witnesses and the submission of evidence, if any, in opposition to the motion for reinstatement or application for readmission shall be conducted by disciplinary counsel.

(d) The court in its discretion may direct that expenses incurred by the attorney discipline system in the investigation and processing of a motion for reinstatement or application for readmission be paid by the respondent attorney.

(e) Motions for reinstatement by New Hampshire licensed attorneys suspended for misconduct shall be accompanied by evidence of the movant’s satisfactory completion of the multistate professional responsibility examination. Applicants for readmission shall produce evidence of satisfactory completion of the multistate professional responsibility examination pursuant to the provisions of Supreme Court Rule 42.

(f) Special Rule for Suspensions of Six Months or Less: Notwithstanding the provisions of Rule 37(14)(b), a lawyer who has been suspended for six months or less pursuant to disciplinary proceedings shall be reinstated by the court following the end of the period of suspension by filing with the court and serving upon disciplinary counsel a motion for reinstatement accompanied by: (1) an affidavit stating that he or she has fully complied with the requirements of the suspension order and has paid any required fees and costs; and (2) evidence that he or she has satisfactorily completed the Multistate Professional Responsibility Examination since his or her suspension.

 

APPENDIX H

Adopt Supreme Court Rule 37(16)(g), which was amended on a temporary basis by supreme court order dated October 22, 2003, on a permanent basis, so that said subsection (16)(g) shall state as follows:

(g) Either a respondent attorney or disciplinary counsel may appeal findings of the professional conduct committee and the imposition of a reprimand, public censure or a suspension of six (6) months or less by filing a notice of appeal with the supreme court. The court shall, after the filing of briefs and oral argument, affirm, reverse or modify the findings of the professional conduct committee.

The filing of an appeal by the respondent shall stay the disciplinary order being appealed unless the professional conduct committee orders otherwise. If the professional conduct committee orders otherwise, it shall set forth in its order its reasons for doing so. In all cases, however, the supreme court may on motion for good cause shown stay the disciplinary order.

 

APPENDIX I

Adopt Supreme Court Rule 37(23), which was adopted on a temporary basis by supreme court order dated October 22, 2003, on a permanent basis, so that said section (23) shall state as follows:

(23) Applicability to Pending Disciplinary Matters

The provisions of this rule, as amended effective January 1, 2004, shall not apply to any disciplinary matter pending before the supreme court on January 1, 2004. The provisions of this rule, as amended effective January 1, 2004, shall not apply to any disciplinary matter pending before the committee on January 1, 2004, in which prior to that date the committee has determined that formal proceedings shall be held and the hearing panel has concluded its evidentiary hearing. All such proceedings shall be governed by the provisions of Supreme Court Rule 37 that were in effect prior to January 1, 2004.

 

APPENDIX J

Adopt Supreme Court Rule 37A(III)(d)(4), which was amended on a temporary basis by supreme court order dated October 22, 2003, on a permanent basis, so that said subsection (III)(d)(4) shall state as follows:

(4) Appeal of Sanction.

(A) A respondent shall be entitled to appeal a finding of professional misconduct or a sanction, and disciplinary counsel shall be entitled to appeal a sanction, issued by the professional conduct committee by filing a written notice of appeal in accordance with the rules of the supreme court. The appeal shall be public.

(B) The filing of an appeal by the respondent shall stay the disciplinary order being appealed unless the professional conduct committee orders otherwise. If the professional conduct committee orders otherwise, it shall set forth in its order its reasons for doing so. In all cases, however, the supreme court may on motion for good cause shown stay the disciplinary order.

 

APPENDIX K

Adopt Supreme Court Rule 37A(VIII), which was adopted on a temporary basis by supreme court order dated October 22, 2003, on a permanent basis, so that said section (VIII) shall state as follows:

(VIII) Applicability to Pending Disciplinary Matters

The provisions of this rule, as amended effective January 1, 2004, shall not apply to any disciplinary matter pending before the supreme court on January 1, 2004. The provisions of this rule, as amended effective January 1, 2004, shall not apply to any disciplinary matter pending before the committee on January 1, 2004, in which prior to that date the committee has determined that formal proceedings shall be held and the hearing panel has concluded its evidentiary hearing. All such proceedings shall be governed by the provisions of Supreme Court Rule 37A that were in effect prior to January 1, 2004.

 

APPENDIX L

Amend Supreme Court Rule 38 TERMINOLOGY by inserting the following two new definitions into the list of definitions alphabetically:

"Candidate." A candidate is a person seeking selection for judicial office by appointment, or a person who knows he or she is being considered for appointment to judicial office by an appointing authority.

. . . .

"Impartiality" or "impartial" denotes absence of bias or prejudice in favor of, or against, particular parties or classes of parties, as well as maintaining an open mind in considering issues that may come before the judge.

 

APPENDIX M

Amend Supreme Court Rule 38 Canon 1 by deleting the commentary that follows Canon 1 and by replacing it with the following:

Commentary:

Deference to the judgments and rulings of courts depends upon public confidence in the integrity and independence of judges. The integrity and independence of judges depends in turn upon their acting without fear or favor. A judiciary of integrity is one in which judges are known for their probity, fairness, honesty, uprightness, and soundness of character. An independent judiciary is one free of inappropriate outside influence. Although judges should be independent, they must comply with the law, including the provisions of this Code. Public confidence in the impartiality of the judiciary is maintained by the adherence of each judge to this responsibility. Conversely, violation of this Code diminishes public confidence in the judiciary and thereby does injury to the system of government under law.

 

APPENDIX N

Amend Supreme Court Rule 38 Canon 2A by deleting the commentary that follows Canon 2A and by replacing it with the following:

 

Commentary:

 

Public confidence in the judiciary is promoted by responsible and proper conduct by judges. A judge must avoid all impropriety and appearance of impropriety. A judge must expect to be the subject of constant public scrutiny. A judge must therefore accept restrictions on the judge's conduct that might be viewed as burdensome by the ordinary citizen and should do so freely and willingly. Examples are the restrictions on judicial speech imposed by Sections 3(B)(9) and (10) that are indispensable to the maintenance of the integrity, impartiality, and independence of the judiciary.

  The prohibition against behaving with impropriety or the appearance of impropriety applies to both the professional and personal conduct of a judge. Because it is not practicable to list all prohibited acts, the proscription is necessarily cast in general terms that extend to conduct by judges that is harmful although not specifically mentioned in the Code. Actual improprieties under this standard include intentional violations of law, court rules or other specific provisions of this Code. The test for appearance of impropriety is whether the conduct would create in the mind of a reasonable, disinterested person fully informed of the facts a perception that the judge's ability to carry out judicial responsibilities with integrity, impartiality and competence is impaired.

 

APPENDIX O

Amend Supreme Court Rule 38 Canon 3B by deleting paragraphs (9) through (11) and accompanying commentary, and by replacing them with the following paragraphs (9) through (12) and accompanying commentary:

 

(9) A judge shall not, while a proceeding is pending or impending in any court, make any public comment that might reasonably be expected to affect its outcome or impair its fairness or make any nonpublic comment that might substantially interfere with a fair trial or hearing. The judge shall require similar abstention on the part of court personnel subject to the judge's direction and control. This Section does not prohibit judges from making public statements in the course of their official duties or from explaining for public information the procedures of the court. This Section does not apply to proceedings in which the judge is a litigant in a personal capacity.

 

(10) A judge shall not, with respect to cases, controversies or issues that are likely to come before the court, make pledges, promises or commitments that are inconsistent with the impartial performance of the adjudicative duties of the office.

 

Commentary:

Sections 3B(9) and (10) restrictions on judicial speech are essential to the maintenance of the integrity, impartiality, and independence of the judiciary. A pending proceeding is one that has begun but not yet reached final disposition. An impending proceeding is one that is anticipated but not yet begun. The requirement that judges abstain from public comment regarding a pending or impending proceeding continues during any appellate process and until final disposition. This Section recognizes the appropriateness of public comment by judges of an informational and educational nature concerning the administration of justice, and to dispel public misconceptions and misinformation about the operation of the court system. Sections 3B(9) and (10) do not prohibit a judge from commenting on proceedings in which the judge is a litigant in a personal capacity, but in cases such as a writ of mandamus where the judge is a litigant in an official capacity, the judge must not comment publicly. The conduct of lawyers relating to trial publicity is governed by Rule 3.6 of the N.H. Rules of Professional Conduct.

(11) A judge shall not commend or criticize jurors for their verdict other than in a court order or opinion in a proceeding, but may express appreciation to jurors for their service to the judicial system and the community.

 

Commentary:

 

Commending or criticizing jurors for their verdict may imply a judicial expectation in future cases and may impair a juror's ability to be fair and impartial in a subsequent case.

 

(12) A judge shall not disclose or use, for any purpose unrelated to judicial duties, nonpublic information acquired in a judicial capacity.

 

APPENDIX P

Amend Supreme Court Rule 38 Canon 3E(1) by adding a new subsection 3E(1)(e), so that Canon 3E(1) as amended would state as follows:

 

E. Disqualification.

 

(1) A judge shall disqualify himself or herself in a proceeding in which the judge's impartiality might reasonably be questioned, including but not limited to instances where:

 

Commentary:

 

Under this rule, a judge should disqualify himself or herself whenever the judge's impartiality might reasonably be questioned by a disinterested person fully informed of the facts, regardless whether any of the specific rules in Section 3E(1) apply. For example, if a judge were in the process of negotiating for employment with a law firm, the judge would be disqualified from any matters in which that law firm appeared, unless the disqualification was waived by the parties after disclosure by the judge.

  A judge should disclose on the record information that the judge believes the parties or their lawyers might consider relevant to the question of disqualification, even if the judge believes there is no real basis for disqualification.

  By decisional law, the rule of necessity may override the rule of disqualification. For example, a judge might be required to participate in judicial review of a judicial salary statute, or might be the only judge available in a matter requiring immediate judicial action, such as a hearing on probable cause or a temporary restraining order. In the latter case, the judge must disclose on the record the basis for possible disqualification and use reasonable efforts to transfer the matter to another judge as soon as practicable.

(a) the judge has a personal bias or prejudice concerning a party or a party's lawyer, or personal knowledge of disputed evidentiary facts concerning the proceeding;

(b) the judge served as a lawyer in the matter in controversy, or a lawyer with whom the judge previously practiced law served during such association as a lawyer concerning the matter, or the judge has been a material witness concerning it;

 

Commentary:

 

A lawyer in a government agency does not ordinarily have an association with other lawyers employed by that agency within the meaning of Section 3E(1)(b); a judge formerly employed by a government agency, however, should disqualify himself or herself in a proceeding if the judge's impartiality might reasonably be questioned because of such association.

(c) the judge knows that he or she, individually or as a fiduciary, or the judge's spouse, parent or child wherever residing, or any other member of the judge's family residing in the judge's household, has an economic interest in the subject matter in controversy or in a party to the proceeding or has any other more than de minimus interest that could be substantially affected by the proceeding;

(d) the judge or the judge's spouse, or a person within the third degree of relationship to either of them, or the spouse of such a person:

(i) is a party to the proceeding, or an officer, director, or trustee of a party;

(ii) is acting as a lawyer in the proceeding;

(iii) is known by the judge to have a more than de minimus interest that could be substantially affected by the proceeding;

(iv) is to the judge's knowledge likely to be a material witness in the proceeding.

 

Commentary:

 

The fact that a lawyer in a proceeding is affiliated with a law firm with which a relative of the judge is affiliated does not of itself disqualify the judge. Under appropriate circumstances, the fact that "the judge's impartiality might reasonably be questioned" under Section 3E(1), or that the relative is known by the judge to have an interest in the law firm that could be "substantially affected by the outcome of the proceeding" under Section 3E(1)(d)(iii) may require the judge's disqualification.

 

(e) the judge, while a judge or a candidate for judicial office, has made a public statement that commits, or appears to commit, the judge with respect to

(i) an issue in the proceeding; or

(ii) the controversy in the proceeding.

 

APPENDIX Q

Amend Supreme Court Rule 38 Canon 5 by deleting said Canon and its accompanying commentary and replacing it with the following:

CANON 5

A Judge Or Judicial Candidate Shall Refrain From Inappropriate Political Activity

 

A. Political Conduct in General.

 

(1) A judge shall not:

(a) act as a leader or hold any office in a political organization;

(b) make speeches for a political organization or candidate or publicly endorse a candidate for public office;

(c) solicit funds for or pay an assessment or make a contribution to a political organization or candidate, attend political gatherings, or purchase tickets for political party dinners, or other functions.

(2) A judge shall resign from judicial office upon becoming a candidate either in a party primary or in a general election, except that the judge may continue to hold judicial office while being a candidate for election to or serving as a delegate in a state constitutional convention or a moderator of any governmental unit, if the judge is otherwise permitted by law to do so.

(3) A judge shall not engage in any other political activity except on behalf of measures to improve the law, the legal system, or the administration of justice.

B. Judicial Candidates

(1) A candidate for a judicial office:

(a) shall maintain the dignity appropriate to judicial office and act in a manner consistent with the impartiality, integrity and independence of the judiciary, and shall encourage members of the candidate’s family to adhere to the same standards of political conduct in support of the candidate as apply to candidate; and

(b) shall not:

(i) with respect to cases, controversies, or issues that are likely to come before the court, make pledges, promises or commitments that are inconsistent with the impartial performance of the adjudicative duties of the office; or

(ii) knowingly misrepresent the identity, qualifications, present position or other fact concerning the candidate or any other candidate or potential candidate.

Commentary:

Section 5B(1)(b) prohibits a candidate for judicial office from making statements that commit the candidate regarding cases, controversies or issues likely to come before the court. As a corollary, a candidate should emphasize in any public statement the candidate’s duty to uphold the law regardless of his or her personal views. See also Sections 3B(9)and (10), the general rules on public comment by judges. Section 5B(1)(b) does not prohibit a candidate from making pledges or promises respecting improvements in court administration. Nor does this Section prohibit an incumbent judge from making private statements to other judges or court personnel in the performance of judicial duties. This Section applies to any statement made in the process of securing judicial office, such as statements to commissions charged with recommending judicial selection and executive officials and bodies charged with nominating or confirming appointment. See also Rule 8.2 of the N.H. Rules of Professional Conduct.

APPENDIX R

Amend Supreme Court Rule 42(3)(b) by adding a sentence to the end of said subsection, so that said subsection, as amended, shall state as follows:

 

    (b) An applicant whose disability requires testing accommodations shall submit a written request to the clerk of the supreme court at the time that the applicant files the petition and questionnaire as provided in Rule 42(5)(e). A copy of the request shall be submitted at the same time to the chair of the board of bar examiners. The written request shall be submitted pursuant to the testing accommodations policy approved by the supreme court and shall describe:

        (i) The type of accommodation requested; and

        (ii) The reasons for the requested accommodation, including medical documentation in a format set forth in the policy referenced above.

No request for testing accommodations shall be accepted that is received after 4:30 p.m. on May 1 for the July examination, or after 4:30 p.m. on December 1 for the February examination.

 

APPENDIX S

Adopt on a permanent basis Supreme Court Rule 42(10)(a)(iv), which was adopted on a temporary basis by supreme court order dated February 10, 2004, and which provides as follows:

(iv) Have either:

            (A) taken and passed the bar examination in another state, territory, or the District of Columbia that allows admission without examination of persons admitted to practice law in New Hampshire under circumstances comparable to those set forth in this rule, provided that the applicant is currently a member in good standing of said jurisdiction and authorized to practice law therein; or

            (B) been primarily engaged in the active practice of law, for five of the seven years immediately preceding the date upon which the motion is filed, in states, territories, or the District of Columbia that allow admission without examination of persons admitted to practice law in New Hampshire under circumstances comparable to those set forth in this rule, provided that the applicant was a member in good standing of said jurisdictions and authorized to practice law therein throughout the aforesaid five-year period and is currently a member in good standing of said jurisdictions and authorized to practice law therein;

 

APPENDIX T

Adopt on a permanent basis Supreme Court Rule 42(10)(c), which was adopted on a temporary basis by supreme court order dated December 30, 2003, and which provides as follows:

(c) For the purposes of Rule 42, the "active practice of law" shall not include work that, as undertaken, constituted the unauthorized practice of law in the jurisdiction in which it was performed or in the jurisdiction in which the clients receiving the unauthorized services were located. For the purposes of Rule 42, an applicant's service as corporate counsel shall not constitute the unauthorized practice of law in New Hampshire provided that the applicant submits an affidavit certifying that:

(i) while serving as counsel, the applicant performed legal services solely for a corporation, association or other business entity, including its subsidiaries and affiliates;

(ii) while serving as counsel, the applicant received his or her entire compensation from said corporation, association or business entity; and

(iii) said corporation, association or business entity is not engaged in the practice of law or provision of legal services.

 

 

APPENDIX U

Adopt Supreme Court Rule 42(11) on a permanent basis as set forth below; Rule 42(11) was amended on a temporary basis by order dated August 27, 2003.

(11) An applicant who is domiciled in the United States, is of the age of 18 years, and meets the following requirements may, upon motion, be admitted to the practice of law without taking and passing the New Hampshire bar examination, provided that the State of Vermont allows admission without examination of persons admitted to practice law in New Hampshire under circumstances comparable to those set forth in this rule. The applicant shall.

    (a) Be licensed to practice law in the State of Vermont and be an active member of the Vermont bar;

    (b) Have been primarily engaged in the active practice of law in Vermont for no less than three years immediately preceding the date upon which the motion is filed;

    (c) Produce evidence of satisfactory completion of the Multistate Professional Responsibility Examination;

    (d) Establish that the applicant is currently a member in good standing in all jurisdictions where admitted;

    (e) Establish that the applicant is not currently subject to lawyer discipline or the subject of a pending disciplinary matter in any jurisdiction;

    (f) Establish that the applicant possesses the character and fitness to practice law in New Hampshire; 

    (g) Have completed at least fifteen hours of continuing legal education on New Hampshire practice and procedure in courses approved by the NHMCLE Board within one year immediately preceding the date upon which the motion is filed and be certified by the NHMCLE Board as satisfying this requirement; and

    (h) Designate the clerk of the supreme court for service of process. 

 

APPENDIX V

Adopt Supreme Court Rule 42(12) on a permanent basis as set forth below; Rule 42(12) was amended on a temporary basis by order dated August 27, 2003.

(12) An applicant who is domiciled in the United States, is of the age of 18 years, and meets the following requirements may, upon motion, be admitted to the practice of law without taking and passing the New Hampshire bar examination, provided that the State of Maine allows admission without examination of persons admitted to practice law in New Hampshire under circumstances comparable to those set forth in this rule. The applicant shall.

    (a) Be licensed to practice law in the State of Maine and be an active member of the Maine bar;

    (b) Have been primarily engaged in the active practice of law in Maine for no less than three years immediately preceding the date upon which the motion is filed;

    (c) Have graduated from a law school approved by the American Bar Association having a three (3) year course and requiring students to devote substantially all their working time to study, called a full-time law school; from a law school approved by the American Bar Association having a course of not less than four (4) school years equivalent in the number of working hours to a three (3) year course in a full-time law school and in which students devote only part of their working time to their studies, called a part-time law school; or from a law school in an English-speaking, common law country having pursued a course of study substantially equivalent to that of a law school approved by the American Bar Association. A combination of study in full-time and part-time law schools will be accepted only if such law schools meet the above requirements, and the applicant shall have graduated from one or the other. Study in any law school which conducts its courses by correspondence or does not require attendance of its students at its lectures or classes shall not constitute compliance with the rule;

    (d) Produce evidence of satisfactory completion of the Multistate Professional Responsibility Examination;

    (e) Establish that the applicant is currently a member in good standing in all jurisdictions where admitted;

    (f) Establish that the applicant is not currently subject to lawyer discipline or the subject of a pending disciplinary matter in any jurisdiction;

    (g) Establish that the applicant possesses the character and fitness to practice law in New Hampshire;

    (h) Have completed at least fifteen hours of continuing legal education on New Hampshire practice and procedure in courses approved by the NHMCLE Board within one year immediately preceding the date upon which the motion is filed and be certified by the NHMCLE Board as satisfying this requirement; and

        (i) Designate the clerk of the supreme court for service of process. 

  APPENDIX W

Amend Supreme Court Rule 45 by deleting said rule and replacing it with the following:

RULE 45. CONTINUING JUDICIAL EDUCATION

(1) Continuing judicial training and education is essential to maintain public confidence in the judiciary and the highest level of professional standards.

    Accordingly, at a minimum, the judges, masters, and clerks and registers of our respective courts and the Director of the Administrative Office of the Courts shall be required to attend continuing judicial education programs, subject to the availability of funds, as follows:

    (a) Justices of the Supreme Court shall attend at least one Appellate Judges Seminar or similar program at least once a year.

    (b) Justice(s) of the Superior Court shall attend the general jurisdiction program at the National Judicial College or a similar educational program as determined by the Chief Justice of the Superior Court within two years of their appointment and shall attend at least one in-state, regional, or national educational program approved by the Chief Justice of the Superior Court every year thereafter. All superior court clerks shall attend at least one in-state, regional, or national court-related educational program approved by the Chief Justice of the Superior Court each year. All marital masters shall attend at least one in-state, regional, or national educational program approved by the Chief Justice of the Superior Court each year. The Chief Justice of the Superior Court shall coordinate all educational activities within the Superior Court with the New Hampshire Supreme Court Office of General Counsel.

    (c) Full-time probate judges shall attend a basic educational program at the National Judicial College or a similar educational program as determined by the Administrative Judge of the Probate Court within two years of their appointment. All probate judges shall attend at least one in-state, regional, or national educational program approved by the Administrative Judge of the Probate Court each year. All registers shall attend at least one in-state, regional, or national educational program approved by the Administrative Judge of the Probate Court each year. The Administrative Judge of the Probate Court shall coordinate all educational activities within the Probate Court with the New Hampshire Supreme Court Office of General Counsel.

    (d) Full-time justices of the district courts shall attend a basic educational program at the National Judicial College or a similar educational program as determined by the Administrative Judge of the District Court within two years of their appointment, and all district court judges shall attend at least one in-state, regional, or national educational program approved by the Administrative Judge of the District Court each year. All district court clerks shall attend at least one in-state, regional, or national educational program approved by the Administrative Judge of the District Court each year. The Administrative Judge of the District Court shall coordinate all educational activities within the District Court with the New Hampshire Supreme Court Office of General Counsel.

(e) The Director of the Administrative Office of the Courts shall attend at least one in-state, regional, or national educational program approved by the Chief Justice of the Supreme Court each year.

 (f) Exceptions to this rule for good cause shown may be approved by the Supreme Court.

 

 

APPENDIX X

Adopt Supreme Court Rule 48-B on a permanent basis as set forth below; Rule 48-B was adopted on a temporary basis by order dated June 10, 2003.

RULE 48-B. MEDIATOR FEES

(1) Scope. The provisions of this rule shall apply only to proceedings in which the parties are ordered to participate in mediation under RSA 458.15-a.

(2) Fees.

(a) Indigent cases. In the event both parties are indigent, the mediator shall be paid a set fee of $300.00 for his or her services if one or more sessions occur. The court may order each party to pay a proportional amount of said fee. The fee shall be paid from the special fund established pursuant to RSA 458.17-b and repaid by the parties in accordance with RSA 458.17-e.

(b) Other cases. In cases that do not qualify as indigent, the fee shall be $60.00 per hour. The fee shall be a charge against the parties in a proportional amount as the court may determine.

(c) Missed sessions. In indigent cases, if the parties, or either of them, fail to appear for the first session with the mediator, the mediator shall be paid $120.00 from the special fund in lieu of the $300.00 set fee. In other than indigent cases, if the parties or either of them fail to appear for any session with the mediator, the mediator shall be paid $120.00 for the missed session. The court may allot the responsibility for paying the mediator or reimbursing the state for fees for missed sessions between the parties, as justice requires.

 

APPENDIX Y

Amend Supreme Court Rule 49 by deleting said rule and replacing it with the following.

RULE 49. FEES IN SUPREME COURT

(I) Fees

(A) Entry of Appeal   $125.00
(B) Petition for Original Jurisdiction

(1) Original petition for writ of habeas corpus 

$ 0 (No fee)

(2) All other petitions for original jurisdiction

$125.00
(C)     (1) Certification of Record to Federal Courts $75.00

(2) Other Certifications and Certified Copies

$5.00 plus $.50/page
(D) Bar Examination Fee   $175.00
(E) Character and Fitness Investigation Fee

(1) For Admission By Examination

$ 125.00

(2) For Admission Without Examination 

$ 500.00
(F) Certificate of Admission $ 5.00
(G) Entry of Motion for Admission to Bar Without Examination $ 175.00

      (II) Surcharge

Pursuant to RSA 490.24, II, the sum of $20.00 shall be added to the fees set forth in paragraphs (I)(A) and (I)(B)(2) above.

 

APPENDIX Z

Amend Supreme Court Rule 50-A(2) by deleting said subsection and replacing it with the following:

(2) An attorney who fails to comply with the requirements of Rule 50 with respect to the maintenance, availability, and preservation of accounts and records, who fails to file the required annual Certificate of Compliance, or the annual Authorization to Financial Institutions or a Notice of Declination, or who fails to produce trust account records as required shall be deemed to be in violation of Rule 1.15 of the Rules of Professional Conduct and the applicable Supreme Court Rule. Unless upon petition to the Supreme Court an extension has been granted, failure to file the required annual Certificate of Compliance by August 1st shall, in addition, subject the attorney to one or more of the following penalties and procedures:

        A. A fine of $100 for each month or fraction thereof after August 1st in which the Certificate of Compliance remains unfiled;

        B. Audit of the attorney's trust accounts and other financial records at the expense of the attorney, if the certificate remains unfiled on December 1st; and

C. Based upon results of the audit, initiation of proceedings for further sanctions, including suspension.

Any check, draft or money order received as payment of any fine imposed pursuant to this rule, which is returned to the court as uncollectable, shall be returned to the sender and shall not constitute payment of the fine. Whenever any check, draft or money order issued in payment of any fine imposed pursuant to this rule is returned to the court as uncollectable, the court shall charge a fee of $25, plus all protest and bank fees, in addition to the amount of the check, draft or money order to the person presenting the check, draft or money order to cover the costs of collection. The fine shall not be considered paid until the fine plus all fees have been paid.

APPENDIX AA

Amend Superior Court Rule 54(4) by deleting said paragraph and replacing it with the following:

  (4) An administrative council is established to facilitate communications among the various courts and the administrative office of the courts. Membership on the council shall include each administrative judge and the director of the administrative office of the courts. The chief justice of the supreme court shall designate an associate justice to serve as liaison between the supreme court and the administrative council. The administrative council shall meet regularly maintaining a flexible agenda, providing the opportunity to exchange views, measure progress, resolve conflicts, receive recommendations from the policy formulation committees and make recommendations to the supreme court. The administrative council shall keep the supreme court apprised of matters being considered by the council and shall meet periodically with the supreme court to enhance the effective and efficient administration of the judicial branch.

APPENDIX BB

Adopt Supreme Court Rule 56 (III) on a permanent basis as set forth below; Rule 56 (III) was amended on a temporary basis by order dated June 2, 2003.

(III) Evaluation of Supreme Court Justices

    The supreme court shall design a questionnaire to be distributed every three years to a representative selection of attorneys and parties who appeared before the court to assess the performance of the court during this period.

    The court will adopt relevant objective appellate court performance standards and regularly evaluate its performance according to such standards.

    Each justice shall complete a self-evaluation form designed to assess whether the justice has met the applicable judicial performance standards during the evaluation period.

    The justices shall meet annually to evaluate each other's performance.

APPENDIX CC

Amend Superior Court Rule 19 by deleting said rule and replacing it with the following:

19. (a) An attorney, who is not a member of the Bar of this State, shall not be allowed to engage in the trial or hearing in any case, except on application to appear pro hac vice, which will not ordinarily be granted unless a member of the Bar of this State is associated with him or her and present at the trial or hearing.

(b) An attorney who is not a member of the Bar of this State seeking to appear pro hac vice shall file a verified application with the court, which shall contain the following information:

(1) the applicant's residence and business address;

(2) the name, address and phone number of each client sought to be represented;

(3) the courts before which the applicant has been admitted to practice and the respective period(s) of admission;

(4) whether the applicant: (i) has been denied admission pro hac vice in this State; (ii) had admission pro hac vice revoked in this State; or (iii) has otherwise formally been disciplined or sanctioned by any court in this state. If so, the applicant shall specify the nature of the allegations; the name of the authority bringing such proceedings; the caption of the proceedings, the date filed, and what findings were made and what action was taken in connection with those proceedings;

(5) whether any formal, written disciplinary proceeding has ever been brought against the applicant by any disciplinary authority in any other jurisdiction within the last five years and, as to each such proceeding: the nature of the allegations; the name of the person or authority bringing such proceedings; the date the proceedings were initiated and finally concluded; the style of the proceedings; and the findings made and actions taken in connection with those proceedings;

(6) whether the applicant has been formally held in contempt or otherwise sanctioned by any court in a written order in the last five years for disobedience to its rules or orders, and, if so: the nature of the allegations; the name of the court before which such proceedings were conducted; the date of the contempt order or sanction, the caption of the proceedings, and the substance of the court's rulings (a copy of the written order or transcript of the oral rulings shall be attached to the application); and

(7) the name and address of each court or agency and a full identification of each proceeding in which the applicant has filed an application to appear pro hac vice in this State within the preceding two years; the date of each application; and the outcome of the application.

(8) In addition, unless this requirement is waived by the superior court, the verified application shall contain the name, address, telephone number and bar number of an active member in good standing of the Bar of this State who will be associated with the applicant and present at any trial or hearing.

(c) The court has discretion as to whether to grant applications for admission pro hac vice. An application ordinarily should be granted unless the court finds reason to believe that such admission:

(1) may be detrimental to the prompt, fair and efficient administration of justice;

(2) may be detrimental to legitimate interests of parties to the proceedings other than the client(s) the applicant proposes to represent;

(3) one or more of the clients the applicant proposes to represent may be at risk of receiving inadequate representation and cannot adequately appreciate that risk; or

(4) the applicant has engaged in such frequent appearances as to constitute common practice in this State.

 

APPENDIX DD

Amend Superior Court Rule 78 by deleting said rule and replacing it with the following.

RULE 78. PHOTOGRAPHING, RECORDING AND BROADCASTING

(a) The presiding judge should permit the media to photograph, record and broadcast all courtroom proceedings that are open to the public. The presiding judge may limit electronic media coverage if there is a substantial likelihood of harm to any person or other harmful consequence. Except as specifically provided in this rule, or by order of the presiding judge, no person shall within the courtroom take any photograph, make any recording, or make any broadcast by radio, television or other means in the course of any proceeding.

(b) Official court reporters and authorized recorders, are not prohibited by section (a) of this rule from making voice recordings for the sole purpose of discharging their official duties.

(c) Proposed Limitations on Coverage by the Electronic Media. Any party to a court proceeding – or any other interested person – shall notify the court at the inception of a matter, or as soon as practicable, if that person intends to ask the court to limit electronic media coverage of any proceeding that is open to the public. Failure to notify the court in a timely fashion may be sufficient grounds for the denial of such a request. In the event of such a request, the presiding judge shall either deny the request or issue an order notifying the parties to the proceeding and all other interested persons that such a limitation has been requested, establish deadlines for the filing of written objections by parties and interested persons, and order an evidentiary hearing during which all interested persons will be heard. The same procedure for notice and hearing shall be utilized in the event that the presiding judge sua sponte proposes a limitation on coverage by the electronic media. A copy of the court's order shall, in addition to being incorporated in the case docket, be sent to the Associated Press, which will disseminate the court's order to its members and inform them of upcoming deadlines/hearing.

(d) Advance Notice of Requests for Coverage. Any requests to bring cameras, broadcasting equipment and recording devices into a New Hampshire courtroom for coverage of any court proceedings shall be made as far in advance as practicable. If no objection to the requested electronic coverage is received by the court, coverage shall be permitted in compliance with this rule. If an objection is made, the media will be so advised and the court will conduct an evidentiary hearing during which all interested parties will be heard to determine whether, and to what extent, coverage by the electronic media or still photography will be limited. This rule and procedures also apply to all court proceedings conducted outside the courtroom or the court facility.

(e) Pool Coverage. The presiding judge retains discretion to limit the number of still cameras and the amount of video equipment in the courtroom at one time and may require the media to arrange for pool coverage. The court will allow reasonable time prior to a proceeding for the media to set up pool coverage for television, radio and still photographers providing broadcast quality sound and video.

(1) It is the responsibility of the news media to contact the clerk of court in advance of a proceeding to determine if pool coverage will be required. If the presiding judge has determined that pool coverage will be required, it is the sole responsibility of the media, with assistance as needed from the court clerk, to determine which news outlet will serve as the "pool." Disputes about pool coverage will not ordinarily be resolved by the court. Access may be curtailed if pool agreements cannot be reached.

(2) In the event of multiple requests for media coverage, because scheduling renders a pool agreement impractical, the court clerk retains the discretion to rotate media representatives into and out of the courtroom.

(f) Live Feed. Except for good cause shown, requests for live coverage should be made at least five (5) days in advance of a proceeding.

(g) Exhibits. For purposes of this rule, access to exhibits will be at the discretion of the presiding judge. The court retains the discretion to make one "media" copy of each exhibit available in the court clerk’s office.

(h) Equipment. Exact locations for all video and still cameras, and audio equipment within the courtroom will be determined by the presiding judge. Movement in the courtroom is prohibited, unless specifically approved by the presiding judge.

(1) Placement of microphones in the courtroom will be determined by the presiding judge. An effort should be made to facilitate broadcast quality sound. All microphones placed in the courtroom will be wireless.

(2) Video and photographic equipment must be of professional quality with minimal noise so as not to disrupt the proceedings; flash equipment and other supplemental lighting or sound equipment is prohibited unless otherwise approved by the presiding judge.

(i) Restrictions. Unless otherwise ordered by the presiding judge, the following standing orders shall govern.

(1) No flash or other lighting devices will be used.

(2) Set up and dismantling of equipment is prohibited when court is in session.

(3) No camera movement during court session.

(4) No cameras permitted behind the defense table.

(5) Broadcast equipment will be positioned so that there will be no audio recording of conferences between attorney and client or among counsel and the presiding judge at the bench. Any such recording is prohibited.

(6) During their term of jury service, jurors will not be photographed in connection with said service.

(7) Photographers and videographers must remain a reasonable distance from parties, counsel tables, alleged victims, witnesses and families unless the trial participant voluntarily approaches the camera position.

(8) All reporters and photographers will abide by the directions of the court officers at all times.

(9) Broadcast or print interviews will not be permitted inside the courtroom before or after a proceeding.

(10) Photographers, videographers and technical support staff covering a proceeding shall avoid activity that might distract participants or impair the dignity of the proceedings.

(11) Appropriate dress is required.

Comment

As the New Hampshire Supreme Court stated in Petition of WMUR Channel 9, 148 N.H. 644 (2002), a presiding judge should permit the media to photograph, record and broadcast all courtroom proceedings that are open to the public. A judge may limit electronic media coverage if there is a substantial likelihood of harm to any person or other harmful consequence. Closure of proceedings to the electronic media, however, should occur only if four requirements are met. (1) closure advances an overriding interest that is likely to be prejudiced; (2) the closure ordered is no broader than necessary to protect that interest; (3) the judge considers reasonable alternatives to closing the proceedings; and (4) the judge makes particularized findings to support the closure on the record.

It is the presiding judge's responsibility to ensure that trials are conducted in a fair and impartial manner, free from undue pressures and outside influences. Similarly, the presiding judge has a responsibility to the public and the press to provide reasonable access to judicial proceedings. Above all, trials must be conducted in an atmosphere of dignity and decorum.

In Petition of WMUR Channel 9, the New Hampshire Supreme Court held, among other things, that the presiding judge can limit electronic media coverage if there is a substantial likelihood of harm to any person or other harmful consequences. The Supreme Court required that trial court orders restricting coverage be. (1) based on clearly articulated findings of fact; (2) made after an evidentiary hearing during which all interested parties are entitled to be heard; (3) drawn narrowly to address a particular problem; and (4) imposed only when no other practical alternative is available.

APPENDIX EE

Amend Superior Court Rule 98 C. by deleting said section and replacing it with the following section C.


  C. Exchange of Information Concerning Trial Witnesses.

   (1) Not less than twenty (20) calendar days prior to jury selection or, in the case of a pretrial evidentiary hearing, not less than three (3) calendar days prior to such hearing, the state shall provide the defendant with a list of the names of the witnesses it anticipates calling at the trial or hearing. Contemporaneously with the furnishing of such witness list and to the extent not already provided pursuant to paragraph A(2)(i) of this rule the state shall also provide the defendant with all statements of witnesses the state anticipates calling at the trial or hearing. At this same time, the state also shall furnish the defendant with the results of New Hampshire criminal record checks for all of the state's trial or hearing witnesses other than those witnesses who are experts or law enforcement officers.

For each expert witness included on the list of witnesses, the state shall provide a brief summary of the expert's education and experience relevant to his area of expertise, state the subject matter on which the expert is expected to testify, state a summary of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion, and provide a copy of any expert report relating to such expert.

         (2) Not later than the final pretrial conference or ten (10) calendar days before jury selection, whichever occurs first, or, in the case of a pretrial evidentiary hearing, not less than two (2) calendar days prior to such hearing, the defendant shall provide the state with a list of the names of the witnesses the defendant anticipates calling at the trial or hearing. Contemporaneously with the furnishing of such witness list, the defendant shall also provide the state with all statements of witnesses the defendant anticipates calling at the trial or hearing. Notwithstanding the preceding sentence, this rule does not require the defendant to provide the state with copies of or access to statements of the defendant.

For each expert witness included on the list of witnesses, the defendant shall provide a brief summary of the expert's education and experience relevant to his area of expertise, state the subject matter on which the expert is expected to testify, state a summary of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion, and provide a copy of any expert report relating to such expert.


(3) For purposes of this rule, a "statement" of a witness means. (i) a written statement signed or otherwise adopted or approved by the witness; (ii) a stenographic, mechanical, electrical or other recording, or a transcript thereof, which is a substantially verbatim recital of an oral statement made by the witness and recorded contemporaneously with the making of such oral statement; and (iii) the substance of an oral statement made by the witness and memorialized or summarized within any notes, reports or other writings or recordings, except that, in the case of notes personally prepared by the attorney representing the state or the defendant at trial, such notes do not constitute a "statement" unless they have been adopted or approved by the witness or by a third person who was present when the oral statement memorialized or summarized within the notes was made.

APPENDIX FF

Adopt new Superior Court Rule 102-A as follows:

PLAIN ERROR

102-A. A plain error that affects substantial rights may be considered even though it was not brought to the court's attention.    

APPENDIX GG

Amend Superior Court Rule 169 by adding a new subsection (V), so that said rule as amended shall state as follows.

169. FEES.

(I) The appropriate fee must accompany all filings. All fees shall be consolidated into a single payment, when possible.

(II)  32.8% of the entry fee paid in each libel and petition in marital cases ($41.00) shall be deposited into the special fund established by RSA 458.17-b.  Said fund is for the compensation of mediators, appointed pursuant to RSA 458.15-a, and guardians ad litem, appointed pursuant to RSA 458.17-a, when the parents are indigent. 


(III) (A)  Original Entries.
        (1)  Original Entry of any Action at Law or Equity
        except a petition for writ of habeas corpus; Original
        Entry of all Marital Matters, including Order of 
        Notice and Guardian ad Litem Fee; Transfer;
        the filing of a foreign judgment pursuant to
        RSA 524-A; or any Special Writ    
$ 125.00
        (2)  Original Entry of a petition for writ of habeas 
        corpus   
$  0 (no fee)
      (B) Small Claim Transfer Fee  $  90.00
      (C) Motion to Bring Forward (post judgment)  $  50.00
      (D) Petition to Annul Criminal Record  $  50.00
      (E) Wage Claim Decision $  25.00
      (F) Marriage Waiver $  25.00
      (G) Motion for Periodic Payments  $  15.00
      (H) Original Writ (form)   $   1.00
      (I) Divorce Certificate (VSR) only
    Divorce Certificate, Certified Copy of Decree and
    if applicable, Stipulation, QDRO, USO,
    and other Decree-related Documents
$  15.00
      (J) Certificates and Certified Copies  $    5.00
      (K) All Copied Material  $     .50/page

(IV)  On the commencement of any custody or support proceeding for which a fee is required, including libels for divorce with minor children, an additional fee of $2.00 shall be paid by the petitioner.

(V) Pursuant to RSA 490:24, II, the sum of $20.00 shall be added to the fees set forth in paragraphs (III)(A)(1) and (III)(C) above.

APPENDIX HH

Repeal Superior Court Administrative Rule 12-8.

 

APPENDIX II

Amend District and Municipal Court Rule 1.3 C by deleting said paragraph and replacing it with the following:

C. (1) An attorney, who is not a member of the Bar of this State, shall not be allowed to engage in the trial or hearing in any case, except on application to appear pro hac vice, which will not ordinarily be granted unless a member of the Bar of this State is associated with him or her and present at the trial or hearing.

(2) An attorney who is not a member of the Bar of this State seeking to appear pro hac vice shall file a verified application with the court, which shall contain the following information:

(a) the applicant's residence and business address;

(b) the name, address and phone number of each client sought to be represented;

(c) the courts before which the applicant has been admitted to practice and the respective period(s) of admission;

(d) whether the applicant: (i) has been denied admission pro hac vice in this State; (ii) had admission pro hac vice revoked in this State; or (iii) has otherwise formally been disciplined or sanctioned by any court in this state. If so, the applicant shall specify the nature of the allegations; the name of the authority bringing such proceedings; the caption of the proceedings, the date filed, and what findings were made and what action was taken in connection with those proceedings;

(e) whether any formal, written disciplinary proceeding has ever been brought against the applicant by any disciplinary authority in any other jurisdiction within the last five years and, as to each such proceeding: the nature of the allegations; the name of the person or authority bringing such proceedings; the date the proceedings were initiated and finally concluded; the style of the proceedings; and the findings made and actions taken in connection with those proceedings;

(f) whether the applicant has been formally held in contempt or otherwise sanctioned by any court in a written order in the last five years for disobedience to its rules or orders, and, if so: the nature of the allegations; the name of the court before which such proceedings were conducted; the date of the contempt order or sanction, the caption of the proceedings, and the substance of the court's rulings (a copy of the written order or transcript of the oral rulings shall be attached to the application); and

(g) the name and address of each court or agency and a full identification of each proceeding in which the applicant has filed an application to appear pro hac vice in this State within the preceding two years; the date of each application; and the outcome of the application.

(h) In addition, unless this requirement is waived by the district court, the verified application shall contain the name, address, telephone number and bar number of an active member in good standing of the Bar of this State who will be associated with the applicant and present at any trial or hearing.

(3) The court has discretion as to whether to grant applications for admission pro hac vice. An application ordinarily should be granted unless the court finds reason to believe that such admission:

(a) may be detrimental to the prompt, fair and efficient administration of justice;

(b) may be detrimental to legitimate interests of parties to the proceedings other than the client(s) the applicant proposes to represent;

(c) one or more of the clients the applicant proposes to represent may be at risk of receiving inadequate representation and cannot adequately appreciate that risk; or

(d) the applicant has engaged in such frequent appearances as to constitute common practice in this State.

 

APPENDIX JJ

Amend District and Municipal Court Rule 1.4 by deleting said rule and replacing it with the following.

Rule 1.4. Regulation of conduct in the courtroom

(a) The presiding judge should permit the media to photograph, record and broadcast all courtroom proceedings that are open to the public. The presiding judge may limit electronic media coverage if there is a substantial likelihood of harm to any person or other harmful consequence. Except as specifically provided in this rule, or by order of the presiding justice, no person shall within the courtroom take any photograph, make any recording, or make any broadcast by radio, television or other means in the course of any proceeding.

(b) Official court reporters and authorized recorders, are not prohibited by section (a) of this rule from making voice recordings for the sole purpose of discharging their official duties.

(c) Proposed Limitations on Coverage by the Electronic Media. Any party to a court proceeding – or any other interested person – shall notify the court at the inception of a matter, or as soon as practicable, if that person intends to ask the court to limit electronic media coverage of any proceeding that is open to the public. Failure to notify the court in a timely fashion may be sufficient grounds for the denial of such a request. In the event of such a request, the presiding judge shall either deny the request or issue an order notifying the parties to the proceeding and all other interested persons that such a limitation has been requested, establish deadlines for the filing of written objections by parties and interested persons, and order an evidentiary hearing during which all interested persons will be heard. The same procedure for notice and hearing shall be utilized in the event that the presiding judge sua sponte proposes a limitation on coverage by the electronic media. A copy of the court's order shall, in addition to being incorporated in the case docket, be sent to the Associated Press, which will disseminate the court's order to its members and inform them of upcoming deadlines/hearing.

(d) Advance Notice of Requests for Coverage. Any requests to bring cameras, broadcasting equipment and recording devices into a New Hampshire courtroom for coverage of any court proceedings shall be made as far in advance as practicable. If no objection to the requested electronic coverage is received by the court, coverage shall be permitted in compliance with this rule. If an objection is made, the media will be so advised and the court will conduct an evidentiary hearing during which all interested parties will be heard to determine whether, and to what extent, coverage by the electronic media or still photography will be limited. This rule and procedures also apply to all court procedures conducted outside the courtroom or the court facility.

(e) Pool Coverage. The presiding judge retains discretion to limit the number of still cameras and the amount of video equipment in the courtroom at one time and may require the media to arrange for pool coverage. The court will allow reasonable time prior to a proceeding for the media to set up pool coverage for television, radio and still photographers providing broadcast quality sound and video.

(1) It is the responsibility of the news media to contact the clerk of court in advance of a proceeding to determine if pool coverage will be required. If the presiding judge has determined that pool coverage will be required, it is the sole responsibility of the media, with assistance as needed from the court clerk, to determine which news outlet will serve as the "pool." Disputes about pool coverage will not be resolved by the court. Access may be curtailed if pool agreements cannot be reached.

(2) In the event of multiple requests for media coverage, because scheduling renders a pool agreement impractical, the court clerk retains the discretion to rotate media representatives into and out of the courtroom.

(f) Live Feed. Except for good cause shown, requests for live coverage should be made at least five (5) days in advance of a proceeding.

(g) Exhibits. For purposes of this rule, access to exhibits will be at the discretion of the presiding judge. The court retains the discretion to make one "media" copy of each exhibit available in the court clerk’s office.

(h) Equipment. Exact locations for all video and still cameras, and audio equipment within the courtroom will be determined by the presiding judge. Movement in the courtroom is prohibited, unless specifically approved by the presiding judge.

(1) Placement of microphones in the courtroom will be determined by the presiding judge. An effort should be made to facilitate broadcast quality sound. All microphones placed in the courtroom will be wireless.

(2) Video and photographic equipment must be of professional quality with minimal noise so as not to disrupt the proceedings; flash equipment and other supplemental lighting or sound equipment is prohibited unless otherwise approved by the presiding judge.

(i) Restrictions. Unless otherwise ordered by the presiding judge, the following standing orders shall govern.

(1) No flash or other lighting devices will be used.

(2) Set up and dismantling of equipment is prohibited when court is in session.

(3) No camera movement during court session.

(4) No cameras permitted behind the defense table.

(5) Broadcast equipment will be positioned so that there will be no audio recording of conferences between attorney and client or among counsel and the presiding judge at the bench. Any such recording is prohibited.

(6) Photographers and videographers must remain a reasonable distance from parties, counsel tables, alleged victims, witnesses and families unless the trial participant voluntarily approaches the camera position.

(7) All reporters and photographers will abide by the directions of the court officers at all times.

(8) Broadcast or print interviews will not be permitted inside the courtroom before or after a proceeding.

(9) Photographers, videographers and technical support staff covering a proceeding shall avoid activity that might distract participants or impair the dignity of the proceedings.

(10) Appropriate dress is required.

Comment

As the New Hampshire Supreme Court stated in Petition of WMUR Channel 9, 148 N.H. 644 (2002), a presiding judge should permit the media to photograph, record and broadcast all courtroom proceedings that are open to the public. A judge may limit electronic media coverage if there is a substantial likelihood of harm to any person or other harmful consequences. Closure of proceedings to the electronic media, however, should occur only if four requirements are met. (1) closure advances an overriding interest that is likely to be prejudiced; (2) the closure ordered is no broader than necessary to protect that interest; (3) the judge considers reasonable alternatives to closing the proceedings; and (4) the judge makes particularized findings to support the closure on the record.

It is the presiding judge's responsibility to ensure that trials are conducted in a fair and impartial manner, free from undue pressures and outside influences. Similarly, the presiding judge has a responsibility to the public and the press to provide reasonable access to judicial proceedings. Above all, trials must be conducted in an atmosphere of dignity and decorum.

In Petition of WMUR Channel 9, the New Hampshire Supreme Court held, among other things, that the presiding judge can limit electronic media coverage if there is a substantial likelihood of harm to any person or other harmful consequences. The supreme court required that trial court orders restricting coverage be. (1) based on clearly articulated findings of fact; (2) made after an evidentiary hearing during which all interested parties are entitled to be heard; (3) drawn narrowly to address a particular problem; and (4) imposed only when no other practical alternative is available.

 

APPENDIX KK

Adopt new District and Municipal Court Rule 2.10-A as follows:

Rule 2.10-A. Plain Error

A plain error that affects substantial rights may be considered even though it was not brought to the court's attention.

 

APPENDIX LL

Amend District and Municipal Court Rule 3.3 by deleting said rule and replacing it with the following.

Rule 3.3. Court fees

(I) Fees

(A) Original Entries.

Civil writ of summons 

$ 75.00

Replevin 

$ 75.00

Landlord/Tenant entry 

$ 50.00

Registration of foreign judgment

$ 100.00

Small claims entry

$ 35.00

(B) General and Miscellaneous

Motion for Periodic Payments

$ 15.00

Petition to annul criminal record

$ 50.00

Records research fee

$ 25.00/individual

Original writ

$  1.00 each


(C) Certificates & Copies

Certificate of Judgment

$ 10.00

Exemplication of Judgment

$ 25.00

Certified copies

$ 5.00

All copied material (except transcripts)

$ .50/page

Computer screen printout

$ .50/page

 

(II) Surcharge

Pursuant to RSA 490.24, II, the sum of $20.00 shall be added to the fees set forth in paragraph (I)(A) above.

APPENDIX MM

Amend Probate Court Rule 19 by deleting said rule and replacing it with the following:

Rule 19. Attorneys – Appearing Pro Hac Vice

(A) An attorney, who is not a member of the Bar of this State, shall not be allowed to engage in the trial or hearing in any case, except on application to appear pro hac vice, which will not ordinarily be granted unless a member of the Bar of this State is associated with him or her and present at the trial or hearing.

(B) An attorney who is not a member of the Bar of this State seeking to appear pro hac vice shall file a verified application with the court, which shall contain the following information:

(1) the applicant's residence and business address;

(2) the name, address and phone number of each client sought to be represented;

(3) the courts before which the applicant has been admitted to practice and the respective period(s) of admission;

(4) whether the applicant: (a) has been denied admission pro hac vice in this State; (b) had admission pro hac vice revoked in this State; or (c) has otherwise formally been disciplined or sanctioned by any court in this state. If so, the applicant shall specify the nature of the allegations; the name of the authority bringing such proceedings; the caption of the proceedings, the date filed, and what findings were made and what action was taken in connection with those proceedings;

(5) whether any formal, written disciplinary proceeding has ever been brought against the applicant by any disciplinary authority in any other jurisdiction within the last five years and, as to each such proceeding: the nature of the allegations; the name of the person or authority bringing such proceedings; the date the proceedings were initiated and finally concluded; the style of the proceedings; and the findings made and actions taken in connection with those proceedings;

(6) whether the applicant has been formally held in contempt or otherwise sanctioned by any court in a written order in the last five years for disobedience to its rules or orders, and, if so: the nature of the allegations; the name of the court before which such proceedings were conducted; the date of the contempt order or sanction, the caption of the proceedings, and the substance of the court's rulings (a copy of the written order or transcript of the oral rulings shall be attached to the application); and

(7) the name and address of each court or agency and a full identification of each proceeding in which the applicant has filed an application to appear pro hac vice in this State within the preceding two years; the date of each application; and the outcome of the application.

(8) In addition, unless this requirement is waived by the probate court, the verified application shall contain the name, address, telephone number and bar number of an active member in good standing of the Bar of this State who will be associated with the applicant and present at any trial or hearing.

(C) The court has discretion as to whether to grant applications for admission pro hac vice. An application ordinarily should be granted unless the court finds reason to believe that such admission:

(1) may be detrimental to the prompt, fair and efficient administration of justice;

(2) may be detrimental to legitimate interests of parties to the proceedings other than the client(s) the applicant proposes to represent;

(3) one or more of the clients the applicant proposes to represent may be at risk of receiving inadequate representation and cannot adequately appreciate that risk; or

(4) the applicant has engaged in such frequent appearances as to constitute common practice in this State.

 

APPENDIX NN

Amend Probate Court Rule 78 by deleting said rule and replacing it with the following.

Rule 78. Photographing, Recording and Broadcasting

(a) The presiding judge should permit the media to photograph, record and broadcast all courtroom proceedings that are open to the public. The presiding judge may limit electronic media coverage if there is a substantial likelihood of harm to any person or other harmful consequence. Except as specifically provided in this rule, or by order of the presiding justice, no person shall within the courtroom take any photograph, make any recording, or make any broadcast by radio, television or other means in the course of any proceeding.

(b) Official court reporters and authorized recorders, are not prohibited by section (a) of this rule from making voice recordings for the sole purpose of discharging their official duties.

(c) Proposed Limitations on Coverage by the Electronic Media. Any party to a court proceeding – or any other interested person – shall notify the court at the inception of a matter, or as soon as practicable, if that person intends to ask the court to limit electronic media coverage of any proceeding that is open to the public. Failure to notify the court in a timely fashion may be sufficient grounds for the denial of such a request. In the event of such a request, the presiding judge shall either deny the request or issue an order notifying the parties to the proceeding and all other interested persons that such a limitation has been requested, establish deadlines for the filing of written objections by parties and interested persons, and order an evidentiary hearing during which all interested persons will be heard. The same procedure for notice and hearing shall be utilized in the event that the presiding judge sua sponte proposes a limitation on coverage by the electronic media. A copy of the court's order shall, in addition to being incorporated in the case docket, be sent to the Associated Press, which will disseminate the court's order to its members and inform them of upcoming deadlines/hearing.

(d) Advance Notice of Requests for Coverage. Any requests to bring cameras, broadcasting equipment and recording devices into a New Hampshire courtroom for coverage of any court proceedings shall be made as far in advance as practicable. If no objection to the requested electronic coverage is received by the court, coverage shall be permitted in compliance with this rule. If an objection is made, the media will be so advised and the court will conduct an evidentiary hearing during which all interested parties will be heard to determine whether, and to what extent, coverage by the electronic media or still photography will be limited. This rule and procedures also apply to all court procedures conducted outside the courtroom or the court facility.

(e) Pool Coverage. The presiding judge retains discretion to limit the number of still cameras and the amount of video equipment in the courtroom at one time and may require the media to arrange for pool coverage. The court will allow reasonable time prior to a proceeding for the media to set up pool coverage for television, radio and still photographers providing broadcast quality sound and video.

(1) It is the responsibility of the news media to contact the clerk of court in advance of a proceeding to determine if pool coverage will be required. If the presiding judge has determined that pool coverage will be required, it is the sole responsibility of the media, with assistance as needed from the court clerk, to determine which news outlet will serve as the "pool." Disputes about pool coverage will not be resolved by the court. Access may be curtailed if pool agreements cannot be reached.

(2) In the event of multiple requests for media coverage, because scheduling renders a pool agreement impractical, the court clerk retains the discretion to rotate media representatives into and out of the courtroom.

(f) Live Feed. Except for good cause shown, requests for live coverage should be made at least five (5) days in advance of a proceeding.

(g) Exhibits. For purposes of this rule, access to exhibits will be at the discretion of the presiding judge. The court retains the discretion to make one "media" copy of each exhibit available in the court clerk’s office.

(h) Equipment. Exact locations for all video and still cameras, and audio equipment within the courtroom will be determined by the presiding judge. Movement in the courtroom is prohibited, unless specifically approved by the presiding judge.

(1) Placement of microphones in the courtroom will be determined by the presiding judge. An effort should be made to facilitate broadcast quality sound. All microphones placed in the courtroom will be wireless.

(2) Video and photographic equipment must be of professional quality with minimal noise so as not to disrupt the proceedings; flash equipment and other supplemental lighting or sound equipment is prohibited unless otherwise approved by the presiding judge.

(i) Restrictions. Unless otherwise ordered by the presiding judge, the following standing orders shall govern.

(1) No flash or other lighting devices will be used.

(2) Set up and dismantling of equipment is prohibited when court is in session.

(3) No camera movement during court session.

(4) No cameras permitted behind the defense table.

(5) Broadcast equipment will be positioned so that there will be no audio recording of conferences between attorney and client or among counsel and the presiding judge at the bench. Any such recording is prohibited.

(6) Photographers and videographers must remain a reasonable distance from parties, counsel tables, alleged victims, witnesses and families unless the trial participant voluntarily approaches the camera position.

(7) All reporters and photographers will abide by the directions of the court officers at all times.

(8) Broadcast or print interviews will not be permitted inside the courtroom before or after a proceeding.

(9) Photographers, videographers and technical support staff covering a proceeding shall avoid activity that might distract participants or impair the dignity of the proceedings.

(10) Appropriate dress is required.

Comment

As the New Hampshire Supreme Court stated in Petition of WMUR Channel 9, 148 N.H. 644 (2002), a presiding judge should permit the media to photograph, record and broadcast all courtroom proceedings that are open to the public. A judge may limit electronic media coverage if there is a substantial likelihood of harm to any person or other harmful consequences. Closure of proceedings to the electronic media, however, should occur only if four requirements are met. (1) closure advances an overriding interest that is likely to be prejudiced; (2) the closure ordered is no broader than necessary to protect that interest; (3) the judge considers reasonable alternatives to closing the proceedings; and (4) the judge makes particularized findings to support the closure on the record.

It is the presiding judge's responsibility to ensure that trials are conducted in a fair and impartial manner, free from undue pressures and outside influences. Similarly, the presiding judge has a responsibility to the public and the press to provide reasonable access to judicial proceedings. Above all, trials must be conducted in an atmosphere of dignity and decorum.

In Petition of WMUR Channel 9, the New Hampshire Supreme Court held, among other things, that the presiding judge can limit electronic media coverage if there is a substantial likelihood of harm to any person or other harmful consequences. The supreme court required that trial court orders restricting coverage be. (1) based on clearly articulated findings of fact; (2) made after an evidentiary hearing during which all interested parties are entitled to be heard; (3) drawn narrowly to address a particular problem; and (4) imposed only when no other practical alternative is available.

APPENDIX OO

Amend Probate Court Rule 78-A by deleting said rule and replacing it with the following.

Rule 78-A. Transcripts

(a) Request that Proceedings be Recorded. A Party may request that any probate proceedings be recorded. Such request shall be made in writing to the court no later than ten (10) days prior to the proceeding. Any denial of a request for recording shall include the reason(s) supporting the denial. A request for recording, not timely filed, may be granted within the discretion of the court.

(b) Official Record. For all purposes, including supreme court rules 13-15, the official record of a recorded probate court proceeding shall be the printed transcript of the proceeding as prepared by an approved transcriber or stenographer at the request of the register.

(c) Transcripts for Appeal. The Party or Parties shall advance the estimated cost of the transcript as ordered by the Court. Upon receipt of the required advance payment, the Register shall direct the transcriber or stenographer to proceed with the transcription.

(d) Request for Excerpts. During the course of a trial, either party may request to have parts of the evidence transcribed for use during the trial. The furnishing of a transcript or excerpts from the evidence is to be done under the direction of the probate judge or probate master.

(e) Transcripts Required for Other Than Appeal. In the event there is a Motion for a transcript of a proceeding, either partial or complete, by a Party to the proceeding or other interested Persons, for purposes other than appeal, that purpose shall be stated in the Motion.

When a Motion for transcript is granted, any other Party desiring a copy shall notify the Court within ten (10) days of the Register's notice. After the ten-day period has elapsed, the Register shall proceed in the usual manner to compute the estimated cost of the transcript and require the Party or Parties to advance this amount. Upon receipt of the required advance payment, the Register shall direct the transcriber or stenographer to proceed with the transcription.

When completed, if the transcriber or stenographer's bill exceeds the estimated payment, the Register shall collect the additional cost before releasing the transcript(s). The original shall be retained by the Register.

(f) Transcript Order by Court, Master or Referee. If a complete or partial transcript of any proceeding is ordered by a probate judge or probate master, the transcriber or stenographer shall prepare an original and such copies as ordered. The Register's office shall provide the probate judge or probate master with a copy and retain the original and any other copies. Neither the original nor any copy shall be defaced in any way so that they may be used in the event of subsequent appeal.

(g) Special Circumstances. Any and all of the outlined procedures for preparation of transcripts may be amended at the discretion of the Court in special circumstances; e.g., when there is a limited time available for processing an appeal, etc.

 

APPENDIX PP

Adopt on a permanent basis Probate Court Rule 91, which was adopted on a temporary basis by supreme court order dated April 21, 2004, and which provides as follows:

 

Rule 91. Adoption Of Foreign-Born Child


   A. Unless the Court orders otherwise, for purposes of RSA 170-B:6, VI, any one of the following documents, which indicate that the child is a foreign adoptee (IR-3 status) or the subject of a foreign guardianship awarded for the purpose of the child's adoption in the United States (IR-4 status), will be accepted by the Court as evidence that the parental rights of the parents of the proposed adoptee have been voluntarily or involuntarily terminated by the proper authorities in a foreign country:

        1. An attested or certified copy of the adoptee's Certificate of Citizenship issued by the U.S. Citizenship and Immigration Services.

        2. An attested or certified copy of the proposed adoptee's alien registration card indicating either IR-3 or IR-4 status.

        3. An attested or certified copy of the proposed adoptee's passport issued in his/her country of birth, with the U.S. Visa stamp affixed indicating either IR-3 or IR-4 status.

    B. Unless the Court orders otherwise, for purposes of RSA 170-B:22, II, any of the documents specified in section A above, except those bearing an IR-4 status, are acceptable documentation and satisfactory evidence to establish the validity of a foreign adoption.

   C. The attestation or certification of the copies deemed acceptable under the preceding sections shall be by a notary public commissioned under the laws of the jurisdiction where the act occurs and shall be substantially in the following form:

 

 

        "A true copy attest

                                ____________________________________________
                                Notary Public
                                My Commission Expires:_____________________
                                Affix Notarial Seal Here"

or, alternatively,

    "I hereby certify that I have personally examined and compared this copy against the original instrument and find this copy to be a true copy of the original in every respect save this certification.


                                ___________________________________________
                                Notary Public
                                My Commission Expires:________________________
                                Affix Notarial Seal Here"

APPENDIX QQ

Amend Probate Court Rule 169 by making substantive changes to paragraph (I), so that Rule 169 as amended shall state as follows.

Rule 169. Fees

(I) ENTRY FEES.

(a) Original Entry of any Equity Action $130.00
(b) Petition File and Record Authenticated Copy of Will, Foreign Wills; Petition Estate Administration; Petition Administration of Person Not Heard From; Petition Guardian, Foreign Guardian or Conservator (RSA 464-A) $105.00
(c) Petition Termination of Parental Rights; Petition Involuntary Admission; Petition Guardian Minor Estate and Person and Estate (RSA 463); Petition Guardian of Incompetent Veteran (RSA 465) $80.00
(d) Petition Adoption, includes one certificate (no entry fee when accompanied by a Petition for termination); Motion to Reopen (estate administration); Motion to Bring Forward $55.00
(e) Administration of Small Estates (Voluntary Administration); Petition Change of Name (includes one certificate); Petition Guardian Minor Person (RSA 463); Marriage Waiver (includes certificate/attested copy) $30.00
(f) Motion Prove Will in Common and/or Solemn Form (administration required); Motion to Re-examine Will $105.00
(g) Petition Appoint Trustee $80.00
(h) Motion successor Trustee, Administrator, Executor, or Guardian of Estate and Person and Estate (RSA 463) (RSA 464-A); All Fiduciary Accounts; Motion for Summary Administration $55.00
(i) Petition Change of Venue (includes authenticated copy fee); Motion Successor Guardian of Person (RSA 463)(RSA 464-A); Motion Sue on Bond; Motion Remove Fiduciary; Motion Fiduciary to Settle Account $30.00

(j) Pursuant to RSA 490:24, II, the sum of $20.00 shall be added to the fees set forth in subsections (a), (b), (c), (d), and (e) above.

(II) ENTRY FEES INCLUDE.

Preparation and issuance of Orders of Notice, Notice, Copies of Decrees, mailing costs, certificate to discharge surety.

(III) ENTRY FEES DO NOT INCLUDE.

Notice by publication. This fee shall be paid by the Party or the Attorney for the Party from whom the notice is required. The cost of publication shall be determined by the Register of each county. The request may require that payment be made directly to the publisher of the notice.

In-hand service. If service by a law enforcement officer is required, the Party or the Attorney for the Party from whom the notice is required shall pay the cost of service to the appropriate county sheriff's department.

Additional copies. If additional copies of any document, or additional certificates are requested beyond those included in normal processing as indicated above, the Party or the Attorney for the Party requesting the additional copies shall pay the costs in advance as indicated under "Certificates & Copies."

(IV) OTHER.

Defaults (RSA 548.5-a) $25.00/each occurrence
Citations/show cause (RSA 548.5-a and 550.2) $50.00/each occurrence
Duplicate Audio Tape $25.00/each tape

 

(V) CERTIFICATES & COPIES.

Certificates $5.00
Certification $5.00 plus copy fee
Photocopy of Will $1.00/page
All other copied material $ .50/page
Authenticated Copy of Probate $25.00/each

"Certificates & Copies" shall apply to individual requests for the above services, requests for additional certificates beyond those provided with the original entries and requests for additional copies beyond those provided with the original entry fees.

 

APPENDIX RR

Adopt on a permanent basis the Family Division Pilot Program Rule regarding Adoption, Termination of Parental Rights, and Guardianships of Minors, which was adopted on a temporary basis by supreme court order dated April 21, 2004, and which provides as follows:

 

ADOPTION, TERMINATION OF PARENTAL RIGHTS, AND GUARDIANSHIPS OVER MINORS

    
    Probate Court Rules applicable to adoptions, termination of parental rights, and guardianships over minors cases shall be deemed the rules of the family division and are incorporated herein by reference, with the exception that the additional filing fee of $5.00 for each of these cases adopted pursuant to RSA 490:27, effective July 14, 2002, for probate court mediation shall not apply until such time as RSA 490:27 is amended.

 

APPENDIX SS

Amend Rule of Evidence 103 by adopting a new section (f), so that said rule as amended shall state as follows:

Rule 103. Rulings On Evidence

    (a) Specific objection. A general objection shall not be sufficient to raise or preserve an issue for appeal.

    (b) Effect of erroneous ruling. Error may not be predicated upon a ruling which admits or excludes evidence unless a substantial right of the party is affected, and

        (1) Objection. In case the ruling is one admitting evidence, a contemporaneous objection appears of record, stating explicitly the specific ground of objection; all other grounds for objection shall be deemed waived; or

        (2) Offer of proof. In case the ruling is one excluding evidence, the record indicates that the substance of the evidence was contemporaneously made known to the court by offer of proof.

    (c) Record of offer and ruling. The court may add any other or further statement which shows the character of the evidence, the form in which it was offered, the objection made, and the ruling thereon. It may direct the making of an offer in question and answer form.

    (d) Hearing of jury. In jury cases, proceedings shall be conducted, to the extent practicable, so as to prevent inadmissible evidence from being suggested to the jury by any means, such as making statements or offers of proof or asking questions in the hearing of the jury.

    (e) Exceptions unnecessary. Taking of exceptions is no longer necessary in matters of evidence.

(f) Plain error. Nothing in this rule precludes taking notice of plain errors affecting substantial rights although they were not brought to the attention of the court.

APPENDIX TT

Amend New Hampshire Rule of Evidence 609(a) by deleting said section and replacing it with the following.

(a) General rule. For the purpose of attacking the credibility of a witness,

(1) evidence that a witness other than an accused has been convicted of a crime shall be admitted, subject to Rule 403, if the crime was punishable by death or imprisonment in excess of one year under the law under which the witness was convicted, and evidence that an accused has been convicted of such a crime shall be admitted if the court determines that the probative value of admitting this evidence outweighs its prejudicial effect to the accused; and

(2) evidence that any witness has been convicted of a crime shall be admitted if it involved dishonesty or false statement, regardless of the punishment.

 

APPENDIX UU

Repeal the Statutory Requirements And Guidelines For The Processing And Disposition Of Abuse And Neglect Cases In The District Courts (Guidelines 1 through 52, inclusive), which became effective on July 1, 1987, in their entirety.