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![handle is hein.barjournals/nhbn0032 and id is 1 raw text is: NEW HAMPSHIRE
An Official Publication
of the New Hampshire
Bar Association
June 16, 2021 Supporting members of the legal profession and their service to the public and the justice system. Vol. 32, No. 1
Meet the New Executive Director
for 603 Legal Aid
Sonya Bella-
fant started as the
Executive Director
for 603 Legal Aid
on May 5 and things
are moving forward
quickly.
When she isn't
working to improve
access to legal aid
for Granite Staters,
you might find Bel-
lafant baking a range ofconfectionaries in her
kitchen for a side business she calls Sweet
Pleadings, reading a novel, walking her dogs,
or even shooting a game of pool.
Bellafant sat down with the Bar News
to discuss her career, her family and hobbies,
and to explain some of the important objec-
tives she has for 603 Legal Aid.
Interview By Scott Merrill
Where are you from?
I'm from Detroit, Michigan-born and
raised. I moved to Nashville five years ago
and it's a running joke because, you see, I
have an adult daughter and when she gradu-
ated from high school she was advised to go
away to college and she picked Michigan
State. I thought it was important for her to
understand that she had all the skills she
needed to navigate this world and in order
for her to know that I thought she had to
test them without being near her mom. It
worked out really well because I got to move
to Nashville, where my father was, and I
got to see my mom in Atlanta. It was ironic
too because after I moved to Tennessee my
mother's health declined rapidly after being
a two-time breast cancer survivor. I was
fortunate and blessed to be able to take care
of her in the last few months when she was
placed in hospice.
Did your daughter decide to choose law?
I believe she will at some point. I went to
law school when she was 4 as a single parent
and unfortunately I was always taking her to
classes. So, she was taught early on how to
argue and debate, and she's the only person
I tend to lose to as a result. She's very good.
Why did you become a lawyer?
The practice of law is my second ca-
reer. I have a degree in journalism. I started
working in marketing and advertising, doing
campaigns for Chrysler, Plymouth, Eagle,
Dodge, then I worked at Kelly Scott Madison
in Chicago. Around that time, I was transi-
tioning from my divorce from my daughter's
father and there were some issues with the
603 LEGAL AID continued on page 20
The Duckfeet team, from left: Meghan Lien, Rue, Briggs Brady, Justin Brady, and Jamie
Rogers Photo/Scott Merrill
Who Let the Dogs In?
The Legal 'What Ifs' of Pets in the Workplace
By Scott Merrill
2020 was a boon for a lot of dogs and
their owners alike. Finding day care or
dog walkers was no longer a priority, and
animal adoptions flourished.
With adoption numbers strong in the
state and people now returning to work,
veterinary and animal care specialists say
the problem of finding affordable day
care - as well as dealing with separation
anxiety - is now a real concern.
For those businesses where every day
is, Take Your Dog to Work Day, employ-
ment law attorneys are imagining a num-
ber of 'what if' situations that could arise
in workplaces, and they say employers
should consider creating pet policies be-
fore issues arise.
People have become so used to be-
ing at home with their pets, and I think
you're going to see more employees ask-
ing for that workplace perk on a case by
case basis, says Lindsay Hamrick, Di-
PETS continued on page 13
Lawsuit Alleges State Doesn't Spend Enough to Address
Abuse of Children
By Scott Merrill
The final piece in the case ofAnna Car-
rigan, a former New Hampshire health de-
partment worker who received a $120,000
settlement last year from the state over a
whistleblower lawsuit, will be decided by
the New Hampshire Supreme Court.
The second portion of the lawsuit was
brought to the New Hampshire Superior
Court in February 2021 calling for chang-
es at DCYF and claiming the state is not
spending enough to protect children from
abuse and neglect.
This portion was rejected on its merits
by Superior Court Judge Andrew R. Schul-
man but was appealed to the New Hamp-
shire Supreme Court in May.
The appeal restates what Carrigan's at-
torney, Michael Lewis, argued in the origi-
nal lawsuit regarding the state's failure to
uphold the law regarding RSA 169-C, New
Hampshire's Child Protection Act created in
1979.
The statute says that each child shall
receive a response from the government
upon a report of child abuse and neglect,
Lewis said. Each child means every child.
When you have a clear law creating clear
mandates and you have a 2000 case backlog
you have illegality.
Lewis says the trial court erred by add-
ing restrictions to state constitutional lan-
guage that does not exist.
Part I Article 8 of the state constitution
confers standing upon taxpayers that are eli-
gible to vote and this gives them the right to
challenge illegal spending, Lewis says.
The trial court concluded that lan-
guage foreclosed Carrigan's lawsuit be-
cause she is challenging the state's failure
to spend [enough], Lewis said. But there
is nothing in the state constitution or its lan-
guage that would indicate that this sort of
challenge is not contemplated by the state
constitution language. The conclusion runs
completely counter to the substantive obli-
gations that are imposed by 169-C and the
LAWSUIT continued on page 12
Opinions.............................4-5
NHBA News...................7-21
NHBA.CLE......................22-23
Practice Area Section .....24-33
NH Court News ..............34-38
Classifieds...........39-43
Periodical Postage paid at concord, NH 03301
Dan Will is Grateful. Outgoing NHBA
President Dan Will discusses his philoso-
phy of gratitude, yoga, and his time spent
serving the Bar Association. PAGE 2
Art and Wellness. Lynda Cutrell's The
Many Faces of our Mental Health is an
exhibit you don't want to miss. PAGE 3
Remove the box. Former Supreme Court
Justice Chuck Douglas opines about the
benefits of replacing the witness box with
an open chair. PAGE 5
Cybersecurity. According to Ryan Bar-
ton, cybersecurity is not a product; it is a
discipline. But products matter. Find out
why. PAGE 6
Enhance your Practice. Since fall of
2020, three member discounts have
been added, and the TechConnect ben-
efit has significantly expanded. PAGE 7
Leadership Academy. See where gradu-
ates are today and learn how to be
involved. PAGE 8
Municipal & Governmental Law and
Intellectual Property Law
Copyright battles between Google and
Oracle; IP property documents in owner-
ship transfers; court rulings on discon-
tinuances, and much more PAGES 24-33
Post-Pandemic Survey. Hon. David D.
King, Circuit Court Administrative Judge,
summarizes the results of an important cir-
cuit court survey and the lessons learned.
PAGE 34
I l \125 )1I \lI R I I ll: 1(
INSIDE: Honoring
50 Years of Practice
(Special supplement)](ViewImageLocal?handle=hein.barjournals/nhbn0032&div=1&collection=&method=preview&ext=.png&size=3)