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![handle is hein.barjournals/nhbn0012 and id is 1 raw text is: NEW HAMPSHIRE -...-..
- D is' t'r i o ur C andd te
Bar News 22
See page 22
An Offcial Publicatlio of the New Hampshuire lar Assiciaain
VOL. 12.NO. 1 * IUNE 8. 2001
Thpbng the Balance?
Senate Vote Nears On Rules Amendment
Si1s Mailing,
ME 6& ted Next Weelk
0 E OF Bar News went to press before the NHBA
,sMberslhlp Meeting scheduled for June 4. Please check
thBar's Web site at www.'nhbar.org for the outcome of
rhlvote on the proposed $50 dues increase for the 2001.
2002Bar year. .
: 7'Su,1 -quenT to the Bar's proposal for i dues increase.
'he Staprente ourt announced that ir would lower the
.Prmfeslonal Conduct Committee's asseisment from $90
In', ,y'ar to $80 for Bar members In practice five years or
More. orespndingly, the fec for attorneys In practice
dthn five years was lowered from $80 to $70. Ac-
'caring to Supreme Court Clerk Howard Zibel, the low.
Ij e mss tents witrbc funded b, an accumulated sur-+
h1aof $100,000 and did not require a cutback in the
PCC's operatingb'ldget.
-- The new fee level Is tie loiwe the court has levied
fatide, PCC in' 10 years, but Zibel cautioned that the
Y'ei 'aren't likely to stay at that level'in the future.
L' The Public Protection Fund assessment ($50 for most
c'tegrles) remained unchanged. See page 28 for orders
regarding these court fees.
Notwithstanding Part 1, Article 37, the
General Court may regulte [the administra.
turn of, aUnd the practice, irocedure, and rules
of evidence in, all courts in this state] by stat.
ute, and nty accept or reject any rule adolted
by the supreme court. in the event of a con-
flict between a statute and a rule, the stat.
ate, if otherwise valid, shall supersede tire
rule.
- Text of new language for Pt 2, Art. 73-a cantained in
CACR 5, as passed by tire House. (Bracketed material
used far clarification; fitnd in the preceding para.
graph in existing limgiage.)
to deliberate ann the bill in the first week af June and possi-
bly put it to vote as early as June 7. Bar News went to press
before deliberations begam.
NIBA President-Elect Peter Hutchins said the Bar
leadership has been proactively speaking out against CACR
REFORM cattaea on page 5
Lawyers, Judges Fan Out to NH Schools for Lessons in the Law
IP
)i .a i8, atillan lols (rheS aa larnirciaaela ill Ni l I lars A liaaaa'r halJudg¢ i vry S'chxaa atly, anaalll 'l asalaeerilnrainAr lai'i riaga inataha' ~alit, tol lea i Iaita'ra, uldla ' a idalal n'rahlaitg a,)
ae legai 3ystea. It A one of tla Itr'i i.a.lonaraining ad Pl maccesifu puiahac erv icrigaraiis.
l'caarea ala left, ailln¢] ll C. Slanaa a 4 e: Mancheser li r Nat'¢fira.n aaia, Sneiel Liaey, uses (i examiplefrara the aaaa Atflidin a VXlaaia raade 4af Lat, to oura ra ala in Maancheaaera Green Acres
Scaua. At right, attarney al Mt:alea eigages ih.gaulers at \Veare Eleenary Schial in ia liatey disussia aif what kiaas ua cauilad i e cauiderI ed lallyang or haraneaa iae caatext ,af aneuly elactel staluac.
Mullen Irractices with aha Caaacaard iav finan Ulso, Sarders & Staith.
ALIE is one fthe mrany lImra ns organized by she hir's Laa,-Relaed Edacatiaa Adtiurry iard. Tus aalfher anajary lprgrains, the Mock Tkal anra We e ile onmletiaaras, were held earlier this year ia .kieterniaie
which Nil tearms wul pitrticipate iaa aTiaatll coarithapidal. Deauih f (the tealat' trips t aatiod.rr in Ith onnjt.eitimiu can b.foiiul fill IJge 13.
IV ' T HI -
1 Bar Foundation Grants. The NIh
Bar Foundation awarded nearily $1.3
million in IOLTA and Justice grants and hid
farewell to oirtgoitng bard members at its
May 22 meeting.
131In Memorium. Ntited attorney
uJohn R. McLane Jr., director of
Manchester's McLane law firtn fir decades,
dies ait the age of 85.
20 Einafrcing ADA. Assistant U.S.
Attorney Patrick Walsh offers
advice oil local enftorceaaent oif tise
Americans with Disabilities Act.
22 New Rules for All Courts. The
Suprettae Court has approved rules
changes for all levels of NH courts.
THE Ni SENATE in early June was Poised to vote on CACR
5, a propsed constitutional amendrent already passed in
the Iobuse that Bar Amsociation leaders believe could sig-
nificantly tilt the baharce f powers among the separate
branches aif state goverameti.
CACR 5 adds lallgalage that transfers the ultianate ala-
thrity fir ca irt rule-aaking and administration frora the
Supreae Cort ha tie I.egislatuare. included is a prefatory
clause that eliminates cotsideratin oif the separation aif
powers clause of the constiltatu il u determining whether
court rules adoited by the L.cgislature impinge upoa the
rule-making powers of the judicial branch.
BuatlIn proap nearts and o pprnents agree the ieasUre is
pivotal. Sapporters aif CACR 5 contetnd it restores balance
aillOng the branches illid is essential for the Legislature to
cct|tapildratreaningfii rrefinra. Those oppased cnttend tie
language if file prox)xsed niendaient would eliminate any
objectionl that a legislative action affecting the coarts via.
laws lire separation aIf iwvers clause ftihe constitution.
The bill, which originated in the flouse Judiciary Com-
littee, easily poIssed tile House last month (290.48) with
little debate on the floor. On May 23, the Senate Judiciary
Committee heard testimony ail the proposed rules amend.
asent from many witnesses. The committee was expected
June 8, 2001 Periodical Postage Paid at Concord NH 03301
VOL. 12 NO. I * IUNE 8 2001](ViewImageLocal?handle=hein.barjournals/nhbn0012&div=1&collection=&method=preview&ext=.png&size=3)