Supreme Court - Rules of The Supreme Court of the State of New Hampshire - Rule 36. Appearances in Courts by Eligible Law Students and Graduates.

Supreme Court - Rules of The Supreme Court of the State of New Hampshire - Rule 36. Appearances in Courts by Eligible Law Students and Graduates.

(1) Notwithstanding the provisions of any superior court rule and circuit court rule concerning persons who are not lawyers, of any superior court rule and circuit court rule concerning lawyers who are not members of the bar of this State, and of any other such court rules, an eligible law student or law graduate acting under a supervising attorney may appear in any court in this State as herein provided, on behalf of any indigent person, the State of New Hampshire, a State agency, or a State subdivision. (2) The supervising attorney shall be a member of the bar of this State and, with respect to the law student or graduate's proposed appearances in any court, shall file with the clerk of this court the attorney's written consent to: (a) supervise the student or graduate; (b) assume personal professional responsibility for the student's or graduate's work and consider purchasing professional liability insurance coverage to include such law student or graduate; (c) assist the student or graduate to the extent necessary; (d) appear with the student or graduate in courts in this State when, in the supervising attorney's judgment, the nature of the case requires the supervising attorney's presence; and (e) participate with the student or graduate in all settlement or plea negotiations and remain available at all times for consultation with opposing counsel without the participation of the student or graduate. The supervising attorney shall waive the right to the confidentiality of proceedings resulting from complaints to the Committee on Professional Conduct, for the limited purpose of permitting disclosure of such proceedings by said committee to this court in connection with the court's review of a filing under this rule. The presence of the supervising attorney in the superior court shall be required in all contested civil cases and in all criminal cases, and in circuit courts at probable cause hearings in criminal cases. A practicing member in good standing of the bar of another State for at least two years may on application to this court be exempt from the provisions of this rule relating to appearances in superior court and in circuit court at probable cause hearings in criminal cases, provided that such person (i) is preparing to take and does take the next bar examination in this State for which the person is eligible or, having taken that examination, the person is awaiting publication of the results of, or admission to the bar after passing, that examination; (ii) has filed in compliance with Rule 42(X) an application for admission to the bar of this State on motion by transferred Uniform Bar Examination (UBE) score and is awaiting a determination on that motion; or (iii) has filed in compliance with Rule 42(XI) an application for admission to the bar of this State on motion without examination and is awaiting a determination on that motion. The presence of the supervising attorney shall be required in all cases in this court provided, however, that a student or graduate, including a graduate who is a practicing member in good standing of the bar of another State, may appear in this court only in cases heard under Rule 12-D and with prior approval of this court. The attorney shall file his or her written consent immediately upon the attorney's consenting to supervise a law student or graduate. Following such initial written consent, in every instance in which an attorney consents to continue supervising law students and graduates under this rule, the attorney shall annually refile his or her written consent with the clerk of the supreme court in the month of October. The attorney shall file a withdrawal of the attorney's written consent immediately upon the termination of his or her supervision of any such student or graduate. (3) In order to be eligible to appear: (a) the student shall (1) be enrolled at least 75% of full-time in a law school approved by the American Bar Association. The student shall be deemed to continue to meet this requirement as long as, following graduation, he or she is preparing to take and does take the next State bar examination of the State of his or her choice for which he or she is eligible or, having taken that examination, the student is awaiting publication of the results of, or admission to the bar after passing, that examination; (2) be of good moral character and fitness and shall have completed legal studies amounting to at least four full-time semesters, or the equivalent, or have completed two full-time semesters and be enrolled in a law school clinical course with a classroom component geared to training the students for the work. Second-year Daniel Webster Scholar students enrolled at the University of New Hampshire Law School who have completed the nine-hour DOVE project training program shall be deemed to have met the requirement that students "be enrolled in a law school clinical course with a classroom component geared to training the students for the work." (3) be certified, by either the dean or a faculty member of his or her law school designated by the dean, as qualified to provide the legal representation permitted by this rule. This certification may be withdrawn by the dean or designated faculty member by mailing a notice of withdrawal to the clerk of this court at any time without notice or hearing and without any showing of cause. The loss of certification by action of this court shall not be considered a reflection on the character or ability of the student. The dean or a faculty member designated by the dean may recertify such a student for appearances under this rule; (b) the law graduate shall: (1) have graduated from a law school approved by the American Bar Association; (2) and be of good moral character and fitness. The graduate shall be deemed to continue to meet this requirement as long as he or she (i) is preparing to take and does take the next bar examination in this State for which he or she is eligible or, having taken that examination, he or she is awaiting publication of the results of, or admission to the bar after passing, that examination; (ii) has filed in compliance with Rule 42(X) an application for admission to the bar of this State on motion by transferred UBE score and is awaiting a determination on that motion; or (iii) has filed in compliance with Rule 42(XI) an application for admission to the bar of this State on motion without examination and is awaiting a determination on that motion. (c) the law student or law graduate shall: (1) neither ask for nor receive any compensation or remuneration of any kind for his or her services from the party on whose behalf he or she renders services, but this shall not prevent an attorney, an approved legal aid society, federally funded legal services program, law school, public defender program, the State, a State agency, or a subdivision of the State, from paying compensation to the eligible law student or graduate nor shall it prevent any agency from making proper charges for its services; (2) certify in writing that he or she is familiar, and will comply, with the Rules of Professional Conduct approved by this court; (3) certify in writing that he or she is familiar with the rules of this court and of other courts in this State, and any other rules relevant to the cases in which he or she is appearing and that he or she will agree to be bound by the Rules of Professional Conduct; (4) certify in writing that he or she acknowledges that his or her appearance under this rule may be suspended for cause on order of any justice of any court of this State, subject to reinstatement shown to the supreme court; (5) file a sworn affidavit certifying that, except as otherwise stated in the affidavit and except for any proceedings in which a record of conviction and sentence has been annulled by statute, he or she has never been a party to any criminal proceedings which in New Hampshire would be classified as violations, misdemeanors, or felonies. (6) if he or she has ever been admitted to practice law in another State, file a sworn affidavit certifying that, except as otherwise stated in the affidavit, he or she has never been disbarred, suspended, censured, or otherwise reprimanded or disqualified as an attorney, and there are no attorney discipline charges, complaints, or grievances pending against him or her in any State. (4) A law student or graduate seeking to appear pursuant to this rule shall complete the Form Designating Compliance with Student/Graduate Practice Rule, approved by this court. Upon filing this form with the clerk of this court, an eligible law student or graduate supervised in accordance with this rule may appear before any court as herein provided with respect to any case for which the student or graduate has met the requirements of this rule; provided, however, that the requirements of this rule shall not be deemed to have been met by any person whose sworn affidavit discloses (i) any criminal proceeding, (ii) any sanction of disbarment, suspension, censure, reprimand, or disqualification as an attorney, or (iii) any attorney discipline charge, complaint, or grievance pending against him or her in any State, unless and until this court shall have notified such person in writing that he or she has met the requirements of the rule. (5) The clerk of the supreme court shall maintain a record of the name of each law student and law graduate and the name of the law student's and law graduate's supervising attorney who comply with the provisions of this rule. (6) A person’s eligibility to appear in courts pursuant to this rule shall terminate automatically upon the earliest of: (a) the person has failed to pass the New Hampshire bar examination or the latest bar examination in any other State; (b) the Committee on Character and Fitness has provided this court with a report pursuant to Rule 42(VI) that recommends against the person’s admission to the bar of this State; (c) the person has withdrawn his or her application or motion for admission to the bar of this State; or (d) this court has denied the person’s application or motion for admission to the bar of this State.