Stephen R. Kasmar (2009)

to the Respondent, retroactive to March 1, 2009. This order on sanction supplements the

of Facts dated October 31,2008, the Committee deliberated and issued a six-month suspension

the record below, including the Hearing Panel Report dated January 12, 2009, and the Stipulation

presented on behalf of the Attorney Discipline Office. Following Oral Argument and a review of

Kasmar, Esquire, presented on his own behalf and Landya B. McCafferty, Disciplinary Counsel,

present were the same members present for the February 17, 2009, deliberations, Stephen R.

Oral Argument was heard on March 17, 2009, solely on the issue of sanction. Members

sanction pending Oral Argument.

Conduct by clear and convincing evidence. The Committee deferred voting on the issue of

2009, the Committee made Findings of Fact and found violations of the Ru1es of Professional

Chollet. Alan J. Cronheim, was recused from the matter. In an Order issued dated February 24,

H. Darling, Gretchen Rule Hamel, James R. Martin, Marilyn Billings McNamara, and Susan R.

Chair, Toni M. Gray, Vice Chair, David N. Cole, Thomas P. Connair, Gerald A. Daley, Richard

captioned matter. Members present included Margaret Nelson, Chair, Benette Pizzimenti, Vice

On February 17, 2009, the Professional Conduct Committee deliberated the above

Kasmar, Stephen R. advs. Attorney Discipline Office # 07-037

Alan J. Cronheim Holly B. Fazzino, Admin. Coordinator Thomas P. Connair * non attorney member David N. Cole Marilyn Billings McNamara Susan R. Chollet' James R. Martin Toni M. Gray,' Vice Chair 603-224-5828. Fax 228-9511 Gretchen RuJe Hamel Benette Pizzimenti, Vice Chair Concord, New Hampshire 03301 Richard H. Darling' Margaret H. Nelson, Chair 4 Chenell Drive, Suite 102 Gerald A. Daley'

remedial action, and causes injury or potential injury to a party to material information is improperly being withheld, and takes no statements or documents are being submitted to the court or that 6.12 Suspension is generally appropriate when a lawyer knows that false

part:

entitled"False Statements, Fraud, and Misrepresentation." That section provides in pertinent

addresses the baseline sanction for a lawyer's violation of his or her duty of candor is § 6.1,

the word of attorneys forms the very bedrock of our judicial system."). The ABA Standard that

Kalil's Case, 146 N.H. 466, 467 (2001) ("The confidence of judges to relyv/ith certainty upon

One of the main tenets of our judicial systern is candor toward the tribunal. See, e.g.,

aggravating or mitigating factors." Standards § 3.0; Coffey's Case 152 N.H. at 513.

(c) the potential or actual injury cause by the lawyer's misconduct; and (d) the existence of

factors to consider in imposing sanctions:"(a) the duty violated; (b) the lawyer's mental state;

determine the baseline sanction. Coffey's Case, 152 N.H. at 513. The Standards set forth four

Association's Standards for Imposing Lawyer Sanctions (1992) ("Standards") for guidance to

The New Hampshire Supreme Court and this Committee look to the American Bar

the misconduct." Id.

(2005) (internal quotation marks omitted)."The sanction must take into account the severity of

profession, and prevent similar conduct in the future." E.g., Coffey's Case, 152 N.H. 503, 513

"is to protect the public, maintain public confidence in the bar, preserve the integrity of the legal

Kersey's Case, 150 N.H. 585, 586 (2004). Rather, the purpose of the Court's disciplinary power

Disciplinary action and sanctions are not intended as a mode of inflicting punishment.

Committee's Order of February 24,2009, on Findings of Fact and Rule Violations. p. 3 Page 3 of4

warrant a six-month suspension.

that there were no significant aggravating or mitigating factors, and that the Rule violations

The Committee concludes that there was injury to the legal system and to the profession,

146 N.H. at 467 (citations and quotations omitted).

done in the court.' solemnly swear or affirm that you will do no falsehood, nor consent that any be ..... "1 .......... .., -'-.... " .... -'-...... ... ................ "" ........... "" .L.!.O'U'.1.................. rp(1llirpd of otto~Pys f'nr nl.,,,,,,r nn"", 1111""..-1-14""'.-1 arA .f1.fh.y .. -'-1".1. ..l-.!..LI,;t.... • ..l-.l.l.... Ul .... Oll roars'1'''0 oa'" b""'rr~n<::'.........'v..... vU public proceeding at the New Hampshire Supreme Court. This oath has been admitted to practice law in this State takes an oath required under RSA 31 i:6 in a the responsibility of every attorney at all times to be truthful. Every attorney single transgression reflects more negatively on the legal profession than a lie, it is word of attorneys forms the very bedrock of our judicial system. Because no material fact to a tribunal. The confidence of judges to rely with certainty upon the As officers ofthe court, attorneys shall not knowingly make a false statement of

Kalil's Case, supra, in which the New Hampshire Supreme Court stated:

To determine the level of"injury" caused by Mr. Kasmar's misconduct, we look to

baseline sanction in this matter is suspension.

misconduct. Based upon the Findings of Fact, the Committee concludes that the appropriate

contributed to his exercise of poor judgment, such was certainly not a justifiable excuse for his

motion to continue without having provided Mr. Kasmar an opportunity to respond may have

integrity of the judicial system. Although his anger at the court's grant ofthe state's expedited

to the tribunal and opposing counsel is a fundamental obligation of all attorneys to preserve the

to correct it. This conduct was at the heart of all four rules violations found. The duty of candor

Mr. Kasmar made a misrepresentation to the court and opposing counsel and then failed

effect on the legal proceeding. the legal proceeding, or causes an adverse or potentially adverse p. 4 Page 4 of4

File Stephen R. Kasmar, Esquire Landya B. McCafferty, Disciplinary Counsel Distribution:

37(3)(c).

appeal this decision to the New Hampshire Supreme Court. See also Supreme Court Rule

Pursuant to Supreme Court Rule 37(A)(III)(d)(2)(D)(4)(A), Mr. Kasmar has the right to

Court Rule 37(14)(f).

Mr. Kasmar shall be reinstated without further hearing before this Committee. Supreme

Mr. Kasmar is directed to comply with the provisions of Supreme Court Rule 37(13).

also assessed all costs associated with the investigation and prosecution of this matter.

issues a six month suspension to the Respondent, retroactive to March 1, 2009. Mr. Kasmar is

4.1 (a), 8.4( c) and 8.4( a) by clear and convincing evidence, the Professional Conduct Committee

Based on the above reasons, having found violations of N.H. R. Prof. Conduct 3.3(a)(I),

month suspension.

can be maintained, and the integrity of the legal profession can be preserved by imposing a six-

It is the Committee's view that the public can be protected, public confidence in the Bar

SANCTION p. 5 -File Landya B. McCafferty, Esquire Stephen R. Kasmar, Esquire Distribution:

Broderick, C.J., and Dalianis, Duggan, Hicks and Conboy, JJ., concurred.

practice of law in New Hampshire. the practice of law is granted. Stephen R. Kasmar is hereby reinstated to the accordance with Rule 37(14)(f), Attorney Kasmar's motion for reinstatement to Committee assents to Attorney Kasmar's motion for reinstatement. In Multistate Professional Responsibility Examination. The Professional Conduct has paid all required fees and costs, and has successfully completed the states that he has fully complied with the requirements of the suspension order, Attorney Kasmar has filed a motion and affidavit for reinstatement in which he Professional Conduct Committee for six months, retroactive to March 1, 2009. By order dated Apri115, 2009, Stephen R. Kasmar was suspended by the

order: Kasmar, the court on September 21, 2009, issued the following In Case No. LD-2009-0007, In the Matter of Stephen R.