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Rule 42 – Non-Members of the New Hampshire Bar

May 14, 2021 | Criminal Procedure, New Hampshire

(a)Non-attorneys. New Hampshire certified police officers who are not members of the New Hampshire Bar may prosecute misdemeanors and violation offenses on behalf of the State in the Circuit Court-District Division.
(b)Pro Hac Vice

(1) An attorney who is not a member of the New Hampshire Bar 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 the non-member attorney and the member attorney is present at the trial or hearing.
(2) An attorney who is not a member of the New Hampshire Bar 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 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.
(4) An applicant for permission to appear pro hac vice shall pay a nonrefundable fee; provided that not more than one application fee may be required per non-member attorney for consolidated or related matters regardless of how many applications are made in the consolidated or related proceedings by the non-member attorney; and further provided that the requirement of an application fee may be waived to permit pro bono representation of an indigent client or clients, in the discretion of the court.

N.H. R. Crim. P. 42

Adopted effective January 1, 2016 in Strafford and Cheshire counties and July 1, 2016 in Belknap County.

Comment

Rule 42 is consistent with the General Rules of the Circuit Court of the State of New Hampshire – District Division, as set forth in Rule 1.3 (“Attorneys”).