David W. Pellenz (2012)

Dalianis, C.J., and Hicks, Conboy and Lynn, JJ., concurred.

the investigation and prosecution of this matter. Attorney Pellenz is hereby assessed all expenses incurred by the PCC in

David W. Pellenz be disbarred from the practice of law in New Hampshire. THEREFORE, in accordance with Rule 37(9)(d), the court orders that

disbarment is the appropriate sanction. the court concludes that, given the gravity of Attorney Pellenz's misconduct, reviewing the PCC's recommendation on the appropriate sanction in this case, Attorney Pellenz's request to resign from the bar is denied. After

the circumstances of his case make resignation inappropriate. affidavit failed to meet the requirements of the rule and because, in its view, recommended that Attorney Pellenz's request to resign be denied because his requesting to resign from the bar. On December 15, 2011, the PCC by the rule. Attorney Pellenz subsequently sent the PCC an undated affidavit was ordered to submit to the PCC an affidavit requesting to resign as required resignation of an attorney under disciplinary investigation, Attorney Pellenz resignation did not meet the requirement of Rule 37(11), which governs submitted his"resignation" from the bar. Because Attorney Pellenz's Pellenz be disbarred. In response to the recommendation, Attorney Pellenz discipline to be imposed. After a hearing the PCC recommended that Attorney Professional Conduct Committee (PCe) for a determination of the extent of In accordance with Rule 37(9)(d), the court referred this matter to the

class A misdemeanor. Pellenz was convicted of the crime of hindering apprehension or prosecution, a of New Hampshire v. David Pellenz. The judgment reflects that Attorney certified copy of the judgment of the Merrimack County Superior Court in State On February 10, 2011, the Attorney Discipline Office (ADO) filed a

LD-2011-0001, In the Matter of David W. Pellenz

File Margaret Nelson, Esq. Julie Introcaso, Esq. Thomas V. Trevethick, Esq. Gary S. Lenehan, Esq. David W. Pellenz Distribution:

DATE: February p. 2 24,2012