James B. Hobbs (2005)

New Hampshire. Defendant's address was at all times 54 Profile Circle, Nashua, New of the arraignment hearing. The address used by the State was 39 Conant Road, Nashua, a false address for the Defendant to insure [sic 1 that the Defendant was not given notice to be transferred to Superior Court. In addition, it appears that the State deliberately used That without further notice to the Defendant, Attorney Devine then caused the arrest file

~Aotion reads as follov/s: Dismiss in Hillsborough County Superior Court for the Southern District. Paragraph 9 in that I. On October 12, 2001, in the course of representing a client, the Respondent filed a Motion to

factual findings of the Hearing Panel by clear and convincing evidence: The Professional Conduct Committee has determined that the record supports the following

The Professional Conduct Committee makes factual [mdings and rulings as detailed below.

Panel Report with Exhibits, dated June 30, 2005; Respondent's Waiver of Oral Argument. Panel Report dated June 15,2005; Disciplinary Counsel's Memorandum in Response to Hearing Requests for Costs; Transcript of Hearing Before the Hearing Panel on April 22, 2005; Hearing Counsel's Exhibits; Disciplinary Counsel's Proposed Findings of Fact and Rulings of Law and Charges; Answer; Notice of Hearing; Disciplinary Counsel's Witness List; Disciplinary The Professional Conduct Committee thoroughly reviewed the record which includes: Notice of

Gretchen Hamel, Alan Cronheim. Member David Page was absent. Martin, Reporter, Eleanor Dahar, Nancy Hacking, Stephen Stepanek, Tom Connair, David Cole, Members present included Margaret H. Nelson, Chair, Benette Pizzimenti, Toni Gray, James

argument. referenced matter. Both Disciplinary Counsel and Respondent, representing himself, waived oral On September 20, 2005, the Professional Conduct Committee deliberated on the above­

Hobbs, James B. advs. Professional Conduct Committee #02-049

motion. Attorney Hobbs did not. groundless and that he expected Attorney Hobbs to immediately withdraw that portion of the Hobbs, repeated again that the fault was his, that the allegations in the Motion were 1 p. 2 2. Upon receiving the Motion to Dismiss, Attorney Chadwick immediately called Attorney

to the county attorney's office. fact been his. The police reports sho"ved that the correct address had in fact been fonvarded 11. Attorney Chadwick told Attorney Hobbs that the idea was ludicrous and that the error had in

the county attorney's office. Nashua police prosecutor, and the Nashua Police had conspired to forward a false address to lot where Attorney Hobbs told Attorney Chadwick that he thought that Attorney Devine, the 10. Subsequently, Attorney Chadwick and Attorney Hobbs had a conversation in a court parking

9. Upon realizing the error, Attorney Chadwick released the defendant.

arraignment, and was subsequently arrested. 8. Attorney Chadwick did not realize his error until after the defendant failed to show up for his

7. Attorney Chadwick failed to change the address in this case by accident.

then replaced the names and the dates. retrieve an existing indictment that he had previously saved on disc to use as a model. He 6. For the underlying case that resulted in the alleged offense. Attorney Chadwick did in fact

offense would remain the same. and names and addresses as appropriate. Often the actual charging language for a specific indictment saved in his computer and use it as a model for a new one, changing only the dates 5. At the time ofthe incident at issue, Attorney Chadwick would often retrieve an old

the charges against him. 4. An indictment is the criminal equivalent of the civil complaint that notifies the defendant of

3. Attorney Chadwick has been an Assistant County Attorney for over five years.

above. oversight. Attorney Hobbs filed the Motion to Dismiss anyway leaving in the language Attorney Chadwick admitted to the mistake and assured Attorney Hobbs that it was an Motion to Dismiss, Attorney Chadwick and Attorney Hobbs had a conversation where author of the indictment that was incorrectly mailed to the client. Prior to the filing of the p. 2 2. Attorney Roger Chadwick, an Assistant County Attorney for Hillsborough County was the

intentional. p. 3 39 Conant Road, Nashua, New Hampshire. It is unlikely that this error was not Hampshire and there is no indication in the police file of any witnesses at the address of 3 was presented with no evidence in mitigation. October p. 2 24,2003, Attorney Hobbs received a Reprimand in Case No. 99-124. The Committee No. 03-019 and the case was dismissed with a fmding of no professional misconduct; and on Reprimand in Case No. 99-125; on October 3, 2003, Attorney Hobbs received a Warning in Case received an Admonition in Case No. 914252; on July 28, 2000, Attorney Hobbs received a In aggravation, Respondent has a lengthy disciplinary record. On June 29,1992, Attorney Hobbs

all costs incurred by the Professional Conduct Committee in the prosecution of this matter. concludes that the appropriate discipline in this matter is a Public Censure and the assessment of Having made the aforementioned findings and rulings, the Professional Conduct Committee

Attorney Hobbs violated Rule p. 3 3.1, and thus his actions constitute a violation of Rule 8.4(a).

Attorney Hobbs' actions constitute a violation of Rule p. 3 3.1.

that assertion and it was frivolous. When Attorney Hobbs claimed that the state deliberately used a false address, he had no basis for error was innocent and requested to withdraw that portion of his motion. He failed to do so. prior to filing the Motion to Dismiss. After the motion was filed he was again advised that the Attorney Hobbs was not credible when he claimed that he had not heard the explanation of error

so through the acts of another. Rules of Professional Conduct, knowingly assist or induce another to do so, or do

Rule 8.4(a) It is professional misconduct for a lawyer to: (a) violate or attempt to violate the

proceeding as to require that every element of the case be established. proceeding that could result in incarceration, may nevertheless so defend the lawyer for the defendant in a criminal proceeding, or the respondent in a good faith arglUllent for an extension, modification or reversal of existing law. A therein, unless there is a basis for doing so that is not frivolous, which includes a

Rule p. 3 3.1 A lawyer shall not bring or defend a proceeding, or assert or controvert an issue

has violated the following Rules of Professional Conduct: Conduct Committee concludes that there is clear and convincing evidence that Attorney Hobbs The above-listed facts having been found by clear and convincing evidence, the Professional

own doclUllents. 1 p. 3 3. Attorney Chadwick processed an average of 15 indictments per month; he often typed his p. 4 4

File Landya B. McCafferty, Disciplinary Counsel c.c. James B. Hobbs, Esquire

Date: October 5, 2005 By: 1J2~o~l-h0Q..>-.. ~

with the investigation and prosecution of this matter. Hobbs for violating N.H. R. Prof. Conduct, Rules 3.1 and 8. p. 4 4(a), and assesses all costs associated For all ofthe above reasons, the Professional Conduct Committee Publicly Censures James. B.

sanctions. Court has never formally adopted these Standards, the Court has considered them when imposing Sanctions (1991). See, e.g., Shillen's Case, 1 p. 4 49 N.H. 132, 139 (2003), noting that, although the in accord with the ABA Center for Professional Responsibility, Standards for Imposing Lawyer Hampshire Supreme Court. See, e.g., Feld's Case, 149 N.H. 19,28 (2002). This sanction is also This sanction is in accord with the purposes of attorney discipline as described by the New