D.N.H. LR 83.5

The Standards for Professional Conduct adopted by this court are the Rules of Professional

Conduct as adopted by the New Hampshire Supreme Court, as the same may from time to

time be amended by that court, and any standards of conduct set forth in these rules.

Attorneys who are admitted or permitted to practice before this court shall comply with the

Standards for Professional Conduct, and the court expects attorneys to be thoroughly familiar

with such standards before appearing in any matter. Attorneys prosecuting criminal cases are

also held to the standards of conduct established by law for prosecutors.

DR-2 Attorneys Convicted of Crimes or Arrested for Crimes Involving a Deadly

Weapon.

(a) Any attorney permitted to practice before this court who is convicted of a felony

or misdemeanor in any court of the United States, the District of Columbia, or any state,

territory, commonwealth or possession of the United States, shall inform the clerk of

such conviction by filing a certified copy of the judgment of conviction within twenty-one (21) days from the date of conviction. Any attorney permitted to practice before

this court who is arrested for any offense involving the use of a firearm or other deadly

weapon shall inform the clerk of such arrest by filing a copy of the complaint(s),

indictment(s) or other charging document(s) related to the arrest within twenty-one (21)

days of the date of the arrest.

(b) If a reported conviction involves a “serious crime” as hereafter defined, the court

shall enter an order immediately suspending that attorney, whether the conviction

resulted from a plea of guilty or nolo contendere, or from a verdict after trial or

otherwise, and regardless of the pendency of any appeal, until final disposition of any

disciplinary proceeding that may be commenced upon such conviction. A copy of the

suspension order shall immediately be served upon the attorney as provided in DR-9 of

these rules. Upon good cause shown, the court may set aside such order when it

appears in the interest of justice to do so.

(c) The term “serious crime” shall include any felony and any lesser crime a

necessary element of which, as determined by the statutory or common law definition of

such crime in the jurisdiction where the judgment was entered, involves a firearm or

other deadly weapon, criminal threatening, false swearing, misrepresentation, fraud,

willful failure to file or filing false income tax returns, deceit, bribery, extortion,

misappropriation, theft or an attempt or a conspiracy or solicitation of another to

commit a “serious crime.”

(d) A certified copy of a judgment of conviction of an attorney for any crime shall be

conclusive evidence of the commission of that crime in any disciplinary proceeding

instituted against that attorney based upon the conviction.

(e) Upon the filing of a copy of the complaint(s), indictment(s) or other charging

document(s) related to an arrest involving the use of a firearm or other deadly weapon,

the Court shall inform the office of the United States Marshal and the Marshal’s Office

may immediately suspend or revoke any “Bar card” permitting the attorney to access

the Courthouse without inspection.

(f) Upon the filing of a certified copy of a judgment of conviction of an attorney for a

serious crime, the court may, in addition to suspending that attorney in accordance with

the provisions of this rule, (i) refer the matter to special counsel for the institution of a

disciplinary proceeding before one or more judges of the court in which the sole issue to

be determined shall be the extent of the final discipline to be imposed as a result of the

conduct resulting in the conviction, provided that a disciplinary proceeding so instituted

will not be brought to final hearing until all appeals from the conviction are concluded;

or (ii) stay the imposition of final discipline pending the outcome of a disciplinary

proceeding in another court and pending the issuance of an order to show cause

pursuant to DR-3(b)(2).

(g) Upon the filing of a certified copy of a judgment of conviction of an attorney for a

crime not constituting a “serious crime,” the court may refer the matter to special

counsel for whatever action counsel may deem warranted, including the institution of a

disciplinary proceeding before the court provided, however, that the court may in its

discretion make no reference with respect to convictions for minor offenses.

(h) An attorney suspended under the provisions of this rule will be reinstated

immediately upon the filing of a certificate demonstrating that the underlying

conviction of a serious crime has been reversed but the reinstatement will not terminate

any disciplinary proceeding then pending against the attorney, the disposition of which

shall be determined by the court on the basis of all available evidence pertaining to both

guilt and the extent of discipline to be imposed.

(§ (d) amended 1/1/99; § (a) added, former §§ (a)-(f) relettered accordingly, and new §§ (b), (c)

and (e) amended 12/1/11; title and §§ (a) and (b) amended, new § (e) added, former § (e)

amended and relettered, former §§ (g) and (h) relettered 12/1/13)

DR-3 Discipline Imposed By Other Courts.

(a) Any attorney admitted to practice before this court shall, upon being subjected to

public discipline by any other court of the United States or the District of Columbia, or

by a court of any state, territory, commonwealth or possession of the United States,

promptly inform the clerk of this court of such action.

(b) Upon the filing of a certified or exemplified copy of a judgment or order

demonstrating that any attorney admitted to practice before this court has been

disciplined by another court, this court may forthwith issue a notice directed to the

attorney containing:

(1) a copy of the judgment or order from the other court; and

(2) an order to show cause directing that the attorney inform this court within

thirty (30) days after service of that order upon the attorney, personally or by

mail, of any claim by the attorney predicated upon the grounds set forth in

subsection (d) hereof that the imposition of the identical discipline by the court

would be unwarranted and the reasons therefor.

(c) In the event the discipline imposed in the other jurisdiction has been stayed there,

any reciprocal discipline imposed in this court shall be deferred until such stay expires.

(d) Upon the expiration of thirty (30) days from service of the notice issued pursuant

to the provisions of DR-3(b)(2) above, this court shall impose the identical discipline

unless the respondent-attorney demonstrates, or this court finds, that upon the face of

the record upon which the discipline in another jurisdiction is predicated it clearly

appears:

(1) that the procedure was so lacking in notice or opportunity to be heard as to

constitute a deprivation of due process; or

(2) that there was such an infirmity of proof establishing the misconduct as to give

rise to the clear conviction that this court could not, consistent with its duty,

accept as final the conclusion on that subject; or

(3) that the imposition of the same discipline by this court would result in grave

injustice; or

(4) that the misconduct established is deemed by this court to warrant

substantially different discipline.

Where this court determines that any of said elements exist, it shall enter such other

order as it deems appropriate.

(e) In all other respects, a final adjudication in another court that an attorney has been

guilty of misconduct shall establish conclusively the misconduct for purposes of a

disciplinary proceeding in this court.

(f) This court may at any stage appoint special counsel to prosecute the disciplinary

proceedings.

(§ (b) amended 1/1/03)

DR-4 Disbarment on Consent or Resignation in Other Courts.

(a) Any attorney admitted to practice before this court who shall be disbarred on

consent or resign from the bar of any other court of the United States or the District of

Columbia or from the bar of any state, territory, commonwealth or possession of the

United States while an investigation into allegations of misconduct is pending, shall,

upon the filing with this court of a certified or exemplified copy of the judgment or

order accepting such disbarment on consent or resignation, cease to be permitted to

practice before this court and be stricken from the roll of attorneys admitted to practice

before this court.

(b) Any attorney admitted to practice before this court shall, upon being disbarred on

consent or resigning from the bar of any other court of the United States or the District

of Columbia or from the bar of any state, territory, commonwealth or possession of the

United States while an investigation into allegations of misconduct is pending, promptly

inform the clerk of this court of such disbarment on consent or resignation.

DR-5 Misconduct.

(a) For misconduct defined in these rules, and for good cause shown, and after notice

and opportunity to be heard, any lawyer admitted or permitted to practice before this

court may be disbarred, suspended from practice before this court, or subjected to such

other public or private disciplinary action as the circumstances may warrant.

(b) Acts or omissions by a lawyer admitted or permitted to practice before this court,

individually or in concert with any other person or persons, which violate the Standards

for Professional Conduct adopted by this court shall constitute misconduct and shall be

grounds for discipline, whether or not the act or omission occurred in the course of an

attorney-client relationship.

DR-6 Disciplinary Proceedings.

(a) When misconduct or allegations of misconduct which, if substantiated, would

warrant discipline of an attorney admitted or permitted to practice before this court shall

come to the attention of this court, whether by complaint or otherwise, and the

applicable procedure is not otherwise mandated by these rules, the judge may follow

either or both of the following procedures:

(1) refer the matter to any appropriate disciplinary agency with jurisdiction over

said attorney with a request that the agency report its actions to the court

provided, however, that in addressing any misconduct matter the court may

consider such agency’s actions but shall not be bound thereby;

(2) appoint one or more members of the bar of this court to act as special counsel

to investigate the matter, to prosecute the matter in a formal disciplinary

proceeding under these rules, to make such other recommendation as may be

appropriate, or to perform any other functions required by the court in its order of

appointment.

(b) Should special counsel conclude after investigation and review that a formal

disciplinary proceeding should not be initiated against the respondent-attorney because

sufficient evidence is not present, or because there is another proceeding pending

against the respondent-attorney, the disposition of which in the judgment of the counsel

should be awaited before further action by this court is considered, or for any other

valid reason, counsel shall file with the court a recommendation for disposition of the

matter, setting forth the reasons therefore.

(c) To initiate formal disciplinary proceedings, special counsel shall, upon a showing

of probable cause, obtain leave of this court to institute a disciplinary proceeding by

filing a complaint against the respondent-attorney setting forth the allegations of

misconduct. If leave of the court is obtained, the complaint and summons shall be

promptly served as provided in DR-9.

(d) The respondent-attorney shall file an answer to the complaint within thirty (30)

days after service. If any issue of fact is raised in the answer or if the respondent-attorney wishes to be heard in mitigation, this court shall set the matter for prompt

hearing before one or more judges of this court provided, however, that if the

disciplinary proceeding is predicated upon the complaint of a judge of this court, the

hearing shall be conducted before a panel of three judges of this court appointed by the

Chief Judge or, if there are less than three judges of this court eligible to serve or if the

Chief Judge is the complainant, by the Chief Judge of the Court of Appeals.

DR-7 Disbarment on Consent While Under Disciplinary Investigation or Prosecution.

(a) Any attorney admitted to practice before this court who is the subject of an

investigation into, or a pending proceeding involving, allegations of misconduct may

consent to disbarment but only by delivering to this court an affidavit stating that the

attorney desires to consent to disbarment and that:

(1) the attorney’s consent is freely and voluntarily rendered; the attorney is not

being subjected to coercion or duress; the attorney is fully aware of the

implications of so consenting;

(2) the attorney is aware that there is a presently pending investigation or

proceeding involving allegations that there exist grounds for the attorney’s

discipline, the nature of which the attorney shall specifically set forth;

(3) the attorney acknowledges that the material facts so alleged are true; and

(4) the attorney so consents because the attorney knows that if charges were

predicated upon the matters under investigation or if the proceedings were

prosecuted, the attorney could not successfully defend himself.

(b) Upon receipt of the required affidavit, this court shall enter an order disbarring the

attorney.

(c) The order disbarring the attorney on consent shall be a matter of public record.

However, the affidavit required under the provisions of this rule shall not be publicly

disclosed or made available for use in any other proceeding except upon order of this

court.

DR-8 Reinstatement.

(a) After disbarment or suspension. An attorney suspended for three (3) months or

less shall be automatically reinstated at the end of the period of suspension upon the

filing with the court of an affidavit of compliance with the provisions of the order of

suspension. An attorney suspended for more than three (3) months or disbarred may

not resume practice until reinstated by order of this court.

(b) Time of application following disbarment. A person who has been disbarred after

hearing or by consent may not apply for reinstatement until the expiration of at least

five (5) years from the effective date of the disbarment. A lawyer who has been

suspended for more than six (6) months may not apply for reinstatement until six (6)

months before the period of suspension has expired.

(c) Hearing on application. Petitions for reinstatement by a disbarred or suspended

attorney under this rule shall be filed with the Chief Judge of the court. Upon receipt of

the petition, the Chief Judge may (i) reinstate the petitioner on the basis of the petition

itself, (ii) refer the petition to special counsel, and/or (iii) assign the matter for hearing

before one or more judges of this court provided, however, that if the disciplinary

proceeding was predicated upon the complaint of a judge of this court, the hearing shall

be conducted before one or more other judges of this court or, if there are not judges of

this court eligible to serve, before a district judge of this Circuit appointed by the

Chief Judge of the Court of Appeals. If the assigned judge orders a hearing, the hearing

shall be scheduled within thirty (30) days of the filing of the petition for reinstatement.

(d) Standard for reinstatement. An attorney petitioning for reinstatement must

demonstrate by clear and convincing evidence that he or she has the moral

qualifications, competency, and learning in the law required for admission to practice

law before this court and that his or her resumption of the practice of law will not be

detrimental to the integrity and standing of the bar or to the administration of justice or

subversive of the public interest.

(e) Duty of special counsel. In all proceedings upon a petition for reinstatement,

cross-examination of the witnesses of the respondent-attorney and the submission of

evidence, if any, in opposition to the petition shall be conducted by counsel.

(f) Deposit for costs of proceeding. Petitions for reinstatement under this rule shall

be accompanied by an advance cost deposit in an amount to be set from time to time by

the court to cover anticipated costs of the reinstatement proceeding.

(g) Conditions of reinstatement. If the petitioner is found unfit to resume the practice

of law, the petition shall be dismissed. If the petitioner is found fit to resume the

practice of law, the judgment shall reinstate him or her, provided that the judgment may

make reinstatement conditional upon the payment of all or part of the costs of the

proceedings and upon the making of partial or complete restitution to parties harmed by

the petitioner whose conduct led to the suspension or disbarment. Provided further, that

if the petitioner has been suspended or disbarred for five (5) years or more,

reinstatement may be conditioned, in the discretion of the judge or judges before whom

the matter is heard, upon the furnishing of proof of competency and learning in the law,

which proof may include certification by the bar examiners of a state or other

jurisdiction of the attorney’s successful completion of an examination for admission to

practice subsequent to the date of suspension or disbarment.

(h) Successive petitions. No petition for reinstatement under this rule shall be filed

within one (1) year following an adverse judgment upon a petition for reinstatement

filed by or on behalf of the same person.

(§ (a) amended 1/1/03; § (c) amended, § (d) added, former §§ (d)-(g) relettered 12/1/13; § (c)