Judge James D. O'Neill III and The Truth About How He earned* His Place on the Bench

HampshireLawWeeklyr
Vol. 15, No. 25, Page 433 December 21, 1988
R. Brian Snow Confirmed as Special
Justice to Goffstown District Court
*
Attorney R. Brian Snow, a 1978 graduate
of Boston College Law School and sole
practitioner in Nashua, was confirmed as a
Special Justice to the Goffstown District
Court during the December 7, 1988 meeting
of the New Hampshire Executive Council.
Snow is expected to be sworn in by Governor
John H. Sununu before the end of the month
and to begin sitting with Goffstown District
Court Justice Paul H. Lawrence early in
1989.
After receiving an undergraduate’s degree
from the University of New Hampshire in
1975 and earning his law degree three years
later, Snow was employed by the Massa
chusetts Department of the Attorney Gen
eral from 1977-78, the State of New Hamp
shire Department of Safety from 1978-79
and Kolisman Instrument Corporation from
979-81. Snow, who was admitted to the
^"Hampshire Bar in 1979, has operated
Ts' own law office since 1981.
Snow has served on New Hampshire Bar
Association substantive law sections on
criminal justice and real property, probate
and trust law. He has also been active on the
Association’s Committee on Rules of Pro
fessional Conduct, Committee on Rules of
R. Brian Snow
Criminal Procedure (current) and a special
Bar committee on criminal rules. Snow is a
member of the New Hampshire and Ameri
can Trial Lawyers Associations as well as the
American Bar Association.
Snow has also been active on the boards
of directors for several community groups,
including the Executive Board of Daniel
Webster Council of the Boy Scouts of
America, the Algonquin District of the
Snow page 436
In M e m o ria m
John J. O’Reilly
John J. O’Reilly of Concord, whose pro
fessional career included many years of
service as an attorney, legislator, federal
mediator and arbitrator in New Hampshire,
died at the age of 82 on December 4,
1988. •
O’Reilly, who graduated as class vale
dictorian from Holy Cross College in 1927,
received his law degree from Georgetown
University Law Center in 1932. As a student
at Georgetown University, O’Reilly was
presented with the Chief Justice Hughes
Debating Award in 1929. He was admitted
to the New Hampshire Bar in 1932 and was
honored by the New Hampshire Bar Asso-
jation as a 50-year member in 1982.
After serving as a clerk for the Federal
ureau of Investigation, O’Reilly returned to
New Hampshire to begin a highly successful
career in law. In addition to his service as an
attorney, the Providence, Rhode Island
native answered the call of government
service early in his career by earning a seat
as a New Hampshire Legislator. O’Reilly
quickly established himself as an effective
Legislator and went on to serve as Chairman
of the Judiciary Committee, Minority
Leader of the New Hampshire Senate and
James D. O’Neill, III,
OfLaconiaConfirmed
AsAssociate Justice
Of NHSuperiorCourt
During its December 7, 1988 meeting at
the State House, the New Hampshire
Executive Council confirmed attorney
James D. O’Neill, III of Laconia as an
Associate Justice of the Superior Court.
O’Neill, who received his law degree from
the University of Tulsa Law School and has
served as Governor John H. Sununu’s legal
counsel since 1984, is expected to begin
sitting on the Superior Court Bench next
month.
A 1975 graduate of Dartmouth College,
O’Neill was admitted to the New Hampshire
and Federal bars shortly after receiving his
law degree in 1978. O’Neill, who has served
as an associate with the Law Offices of
James D. O’Neill in Laconia, served as
Belknap County Governor on the New
Hampshire Bar Association’s Board of
Governors from 1984-86.
O’Neill has also been an active member of
the Belknap County Bar Association and
was elected to the positions of secretary and
treasurer in 1984 and 1986, respectively.
& "".......... ""... ^
O’Reilly
D o n ' t M i s s
T h e N . H . B a r ' s
1 9 8 9 M i d - W i n t e r
M e e t i n g !
See pages 438-440
in this issue
of NHLW
for important
program, reservation
and cost information.
R e s e rv e Y o u r S p a c e
T o d a y !
page436 % J

C o n te n ts
• C o u rts C o rn e r 4 3 5
— Supreme Court Orders
- Request of Governor
And Council
- Victor E. Raimo
• M o rn in g M a il 4 3 6
• P ra c tic a l S k ills
C o u rs e 4 3 7
• 1 9 8 9 M id -W in te r
M e e tin g S c h e d u le 4 3 8
• 1 9 8 9 M id -W in te r
M e e tin g R e g is tra tio n
F o rm 4 3 9
• 1 9 8 9 M id -W in te r
R e g is tra tio n
a n d F e e s 4 4 0
• S E A R C H L R E
P ro g ra m P h o to s 4 4 1
• W is c o n s in ’s U n ifie d
B a r R u le d
C o n s titu tio n a l 441
• S u p re m e C o u rt
O p in io n
S u m m a rie s 4 4 4
Lawyers Helpline
224-6060
NgwHampshireLawWeekly'
(ISSN 0362-1073)
18 Centre Street
Concord, New Hampshire 03301
(603) 224-6942
A weekly, official publication of the New
Hampshire Bar Association, it is a forum for
the bench, bar and others concerned with the
administration of justice. Contributions and
letters are most welcome.
MANAGING EDITOR
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Goffstown; John R. Cotton, Concord; Michael
S. DeLucia, Manchester; Martin R. Jenkins,
Manchester; William K. Koppenheffer, Han
over; James R. Laffan, Lebanon; Bradley M.
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JudgesAssociation Donation C reate^
Judge William Grimes Lecture Serie™
Paul H. Lawrence (left), president o fth e New Ham pshire D istrict and M unicipal C ourt Judges A ssociation
and Justice o f the G offstow n D istrict C ourt, recently presented New Ham pshire Bar Foundation Chair
Jack B. M iddleton w ith a $500 donation to create a new “ Hon. W illiam A. G rim es C onstitutiona l Law
Lecture Fund” Series. As a special honor to retired Suprem e C ourt C hief Justice W illiam A. Grim es, the
Association’s Board of Governors voted this fall to help establish a fund w hich would provide fo r speakers
on con stitution al law at future Bench and Bar m eetings
Former New Hampshire Supreme Court
Chief Justice William A. Grimes will be
honored each year by members of the New
Hampshire Bench and Bar through the
offering of the annual “Hon. William A.
Grimes Constitutional Law Lecture,” thanks
to a recent initiative of the New Hampshire
District and Municipal Court Judges
Association.
As a specific honor to Judge Grimes this
fall on the occasion of his receiving the
American Judicature Society’s (AJS) pres
tigious “Herbert Harley Award” for “signi
ficant contributions to strengthening the
cause of justice,” the Judges Association
announced its creation of the Grimes Lec
tureship Fund with the gift of $500. Since
then, other members of the Bench and Bar
have made contributions to the fund to raise
the present total to $1,250, and further
contributions are anticipated. The fund will
be administered by the New Hampshire Bar
Foundation.
Judge Grimes is well known in judicial
circles nationally for his involvement in
innumerable activities involving the teachini
of the law, the teaching of judicial skills
the advancement and improvement of
administration of justice. A New Hampshire
Superior Court Justice from 1947 to 1966,
he was appointed to serve on the New
Hampshire Supreme Court in that year and
went on to serve as Chief Justice from 1979-
81. Since then, he has continued to teach
about the law and the judicial system and to
remain actively involved in the leadership of
the National Judicial College and many
other law-related activities. His teaching
endeavors also recently resulted in Judge
Grimes receiving the National Judicial
Grimes page 435
The Law Office of
HUGHES, MILLER & CANDON
is pleased to announce that
JANE H. DAVISON
has become associated with the firm.
P.O. Box 849
Norwich, Vermont 05055-0849
(802) 649-1112 (603) 643-3522
15NHLW434 December21, 1988

Supreme Court Orders
Grimes frompage434
Hon. W illiam A. Grimes
College’s special “Dean Erwin N. Griswold
Award for Teaching Excellence.”
According to the AJS citation presented
to him this fall, Judge Grimes has, “by
teaching and by example exerted a powerful
force for good on judicial perspectives in
virtually all states.” The citation went on to
say that this distinguished New Hampshire
Justice had been “among the pioneer group
that launched judicial education . . . and is
one of those rare individuals who gives back
to the law more than he has taken from
it.”
Despite his continued busy schedule of
teaching and national judicial leadership,
Judge Grimes has long made himself avail-
to the Judges Association each year to
BRure on constitutional developments in
the law, and the Judges Association wanted
to honor and expand this tradition by ensur
ing that a Constitutional Law Lecture in
Judge Grimes’ name would be available to
Bench and Bar each year.
According to Judges Association President
Paul H. Lawrence, Justice of the Goffstown
District Court, the Judges Association will
be conferring with the Bar Foundation
leadership to ensure that a high caliber
lecture series, made available to as wide an
audience as possible, is soon launched in
Judge Grimes’ honor.
Additional donations to the “Hon. William
A. Grimes Constitutional Law Lecture
Series Fund” may be made via earmarked
contributions to the New Hampshire Bar
Foundation, 18 Centre Street, Concord, NH
03301.
N o t e o f
A p p r e c i a t i o n
The New Hampshire Bar Founda
tion extends its deep appreciation to
thefollowing/or theirgenerous con
tributions to the “Hon. William A.
•
Grimes Constitutional Law Lecture
Series Fund":
— New Hampshire District and
Municipal Court Judges
Association
— J. Albert Lynch, Nashua
— Hon. Robert D. Marshall, Salem
The following request of the Governor and
Council for an opinion of the justices was
adopted on December 7, 1988, and filed
with the Supreme Court on December 9,
1988.
No. 88-468, Request of the Governor and
Council
1. Whether RSA 455-A:2, which provides
in part that any person applying to be a
justice of the peace shall indicate on the
application whether he or she has been a
registered voter in this State for at least
three years immediately preceding the date
of the application, by its terms prevents the
Governor, with the advice and consent of the
Executive Council, from appointing as jus
tice of the peace an applicant who has not
been a registered voter in this State for at
least that three-year period; and
2. Whether, to the extent that either RSA
455:2, which provides in part that any
person applying to be a notary public shall
have been a registered voter in this State for
at least three years immediately preceding
the date of application, or RSA 455-A:2
requires or permits the Governor and
Council to reject an applicant for the office
of notary public or justice of the peace for
the reason that the applicant has not been a
registered voter in this State for at least
three years immediately preceding the date
of application, either statutory provision
facially violates the equal protection man
dates of part I, article 1 of the New Hamp
shire Constitution and the fourteenth
amendment to the United States Consti
tution.
Typewritten memoranda on the questions
presented by the request may be furnished
by any attorney, legislator, organization,
interested party or member of the public on
or before December 30, 1988.
December 13, 1988
Ralph H. Wood, Clerk
Supreme Court of New Hampshire
Victor E. Raimo
The following individual was admitted to
the New Hampshire Bar on December 7,
1988 at the Supreme Court Building in
Concord: Victor Eric Raimo, 214 Ballantine
Parkway, Newark, New Jersey 07104.
December 12, 1988
Ralph H. Wood, Clerk
Supreme Court of New Hampshire
THE LAW FIRM OF KING AND RYAN
is pleased to announce that
MARCIA L. LEIGHNINGER
has become associated with the firm.
11 North Mast Street
PO Box 370
Goffstown, N H 03045
(603) 497-4126
December21, 1988 15NHLW435

T h e M o rn in g
M a il
Snow frompage433 O’Reilly frompage 433
Dear Editors:
On the December 7, 1988 publication of
the Law Weekly there appears at page one,
an article entitled “Resolution”. The sum
and substance of it being, that the New
Hampshire Bar is ready, willing and able to
give succor to the impecunious in our midst
if they are in need of counsel in civil matters,
a praiseworthy motive.
Now then, would that such a resolution be
unanimously adopted to come to the aid of
the indigent defendants charged with the
violation of our criminal laws.
For you see my friends, these needy
persons are in need of counsel also; since, it
is a constitutional right afforded them under
both the State and Federal Constitutions,
this is more than a statutory right.
Presently the cadre of lawyers who offer
their services in this field is such a minute
percent of the Bar, that one wonders if the
Bar as a whole is ready to support and
implement the constitutional mandates.
Is it?
Will it?
Who are these lawyers who will represent
an indigent defendant?
Give me your names dear colleagues of the
New Hampshire Bar Association.
Armand Capistran
Justice
Manchester District Court
Daniel Webster Council and the Nashua
Youth Development Council. He has served
as director of the Merrimack Crimeline, Inc.
for several years and has also held the
positions of Chair of the State’s Department
of Employment Security Appellate Division
(1983-85) and Chair of New Hampshire
Juvenile Parole Board.
“I am glad to have the opportunity to
serve the public in a different capacity,”
Snow stated recently. “This is one area of
the law that I have not participated in and I
think it will be quite exciting. I am hoping to
do as good a job as I can and to meet the
high standards which the (Goffstown) Court
has become known for.
“The Goffstown District Court is highly
regarded by the people and law enforcement
community which it serves. And, Judge
Lawrence has been lauded by attorneys and
other judges for his work as a justice,” Snow
continued. “I consider this to be quite an
opportunity for me to be able to sit in such a
strong court. I think when you are working
with a distinguished member of the Bar like
Judge Lawrence you are going to be able to
learn a lot.”
Snow lives in Merrimack with his wife
Patricia and children, R. Kyle and Alyssa.
Democratic State Chairman.
In 1942, he was employed by the Federal
Mediation and Counciliation Service.
O’Reilly served as a mediator for that
service in New Hampshire and Vermont
until retiring in 1976. He launched a second
career as a labor arbitrator and lecturer in
labor management after retiring.
Survivors include his wife, Barbara
O’Reilly of Concord; a son, John J. O’Reilly
of Concord; three daughters, Mrs. John C.
(Robin) Greenan of Franklin; Heather A.
O’Reilly and Adair K. O’Reilly, both of
Portland, Maine; several nieces, nephews
and cousins.
In remembrance of John J. O’Reilly, the
New Hampshire Bar Association Board of
Governors has made a memorial contribution
to the New Hampshire Bar Foundation.
Others wishing to make memorial gifts may
send them to the Foundation at 18 Centre
Street, Concord, NH 03301. The Foundation
will notify the family upon receipt of each
gift-
D o n 't M iss The N .H . B a r's 1 9 8 9 M id-W inter M e e tin g !
See pages 438-440 in this issue of N HLW for important
program, reservation and cost information.
Reserve Y our Space Today!
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^Attorneys, Judges Share Legal Knowledge and Advice With
New Admittees During N.H. Bafs Practical Skills Course
M anchester attorney Joseph F. M cDowell (at podium ), John T. B roderick, Jr. (left) and M ichael R.
Callahan of Concord spoke to new adm ittees during a panel discussion on civil and crim inal trial practice.
Martha V. G ordon of M anchester, also pictured, m oderated the Practical S kills Course program .
Twenty-three distinguished members of
the New Hampshire Bench and Bar gathered
on Friday, December 9 to share their legal
knowledge and experience with newly ad
mitted attorneys during the 1988 New
Hampshire Bar Association Practical Skills
Course. Held in the New Hampshire State
House and the Legislative Office Building in
Concord, this one-day educational skills
program is designed to orient new admittees
to the practice of law in New Hampshire and
to provide practical information and a review
of available resources which might assist
them in beginning their legal careers.
Over 140 recent admittees attended the
Practical Skills Course, which was broken
down into morning and afternoon sessions
held in Representatives Hall and the Leg
islative Office Building, respectively. After a
brief program introduction by Manchester
attorney and Program Chair Martha V.
Gordon, Superior Court Associate Justice
Walter L. Murphy opened the morning
session by presenting a “View from the
Bench”. In his message to the new admittees
^ ^ ^ f 1987 and 1988, Judge Murphy encour-
^^Bged new practitioners to communicate
^^xandidly with their clients, judges, court
staff and opposing counsel during all stages
of a case. He also advised new attorneys not
to hesitate to consult more experienced
lawyers when deciding on how to best
represent a client or when they are con
fronted with a complicated case.
Following Judge Murphy’s brief address,
new admittees heard from Hillsborough
County Superior Court Deputy Clerk James
M. Warren who offered a “Clerk’s View” on
the practice of law in New Hampshire.
Warren also encouraged attorneys to com
municate with all parties involved in a case
prior to a court appearance. In addition to
reviewing key court rules and guidelines,
Warren stressed the importance of filing
motions to continue in advance of a court
date as well as the need for attorneys to
settle their client’s matters out of court
whenever possible to reduce the strain on
the state’s courts.
New Hampshire Bar Association Presi
dent Stephen L. Tober then provided recent
admittees with a review of ethical consid
erations attorneys should be aware of when
practicing in New Hampshire. Tober offered
several guidelines on how to avoid violating
attorney ethics codes, including a contin
uous review by attorneys of the Rules of
Professional Conduct. He encouraged at-
Course page 442
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1 9 8 9 M i d - W i n t e r M e e t i n g !
Thursday, January 26-Friday, January 27, 1989
Sheraton Wayfarer Inn • Bedford, New Hampshire
ABOUT THE MEETING
Returning to Bedford and the Sheraton Wayfarer Inn, the New Hampshire Bar Association's 1989 Mid-Winter Meeting promises to be
a highly informative, thought-provoking series of educational and business programs as well as a time for extending congratulations to
distinguished Bench and Bar members. A full schedule of activities and programs focusing on a variety of legal topics has been planned
during this two-day meeting scheduled for Thursday, January 26 and Friday, January 27.
In addition to the educational and business programs, Bar members will have plenty of opportunities to socialize with other New
Hampshire attorneys and judges. Please save this page for use in making plans to attend this year's Mid-Winter Meeting. Any questions
about this schedule or programs on January 26th and 27th should be directed to NH Bar Meetings Manager Debbie Campagna at 224-
6942.
PROGRAM-AT-A-GLANCE
Thursday, Ja nu a ry 26
8:00 a.m. Board of Governors Meeting and Breakfast
8:00 a.m. New Lawyers Gathering and Continental Breakfast
9:00 a.m. Supreme Court Judges Meeting
9:00 a.m. Superior Court Judges Meeting
9:00 a.m. Superior Court Clerks Meeting
9:00 a.m. Probate Court Judges Meeting
9:00 a.m. CLE (concurrent sessions)
(1) Stockholders' Litigation - James R. Muirhead, Program Chair
(2) Current Issues in Real Estate Development - James Q. Shirley, Program Chair
11:30 a.m. Review of Presentation Draft - NH Rules of Civil Procedure
11:45 a.m. Law-Related Education Film - "The Trials of Abraham Prescott"
12:30 p.m. 1989 Honors and Awards Luncheon (ticket required)
2:30 p.m. New Hampshire Bar Association 1989 Mid-Winter Business Meeting
4:00 p.m. Substative Law Section Meetings
5:00 p.m. New Hampshire Trial Lawyers Association Reception
5:30 p.m. New Hampshire Bar Journal 30th Anniversary Reception
6:30 p.m. President's Reception
7:30 p.m. Law School Dinners
F riday, Ja nu a ry 27
8:00 a.m. Past President's Breakfast
8:00 a.m. Woman Lawyers Gathering and Breakfast
9:00 a.m. CLE (concurrent sessions)
(1) Aspects of Child Sexual Abuse: Civil Litigation - Sophie Sparrow, Program Chair
(2) Employment Disputes - Michael P. Hall, Program Chair
11:45 a.m. Law-Related Education Film - "The Trials of Abraham Prescott"
12:15 p.m. New Hampshire Fellows of the American College of Trial Lawyers Annual Luncheon Meeting
12:15 p.m. Lawyers Alliance for Nuclear Arms Control (LANAC) Luncheon
12:15 p.m. Informal Buffet Luncheon (ticket required)
1:45 p.m. New Hampshire Bar Association Task Force on Women in the Bar Forum - "Child Care Issues"
3:00 p.m. New Hampshire Judicial Council Meeting
4:00 p.m. Law Related Education Workshop - "A Lawyer in Every School; It's Easier Than You Think!"
5:00 p.m. New Hampshire Bar Foundation Fellows Reception
6:00 p.m. Reception - A Salute to the Bar's 50-Year Members
7:00 p.m. New Hampshire Bar Association 1989 Mid-Winter Banquet (ticket required)
See future issues of Law Weekly for additional program descriptions and any schedule adjustments.
D O N 'T M IS S T H E N E W H A M P S H IR E B A R A S S O C IA T IO N S

- 1989 Mid-Winter Meeting Registration Form -
New Hampshire Bar Association
18 Centre Street, Concord, New Hampshire 03301 • (6 0 3 ) 224-6942
Quantity
Register Early!
Please use one form per attorney.
Item Cost
1 Attorney Registration Fee @ $25.00 $25.00
CLE Fee @ $85.00 (or $70.00* if admitted after 1/26/86)
Thursday Honors and Awards Luncheon @ $18.00 per person
Friday Buffet Luncheon @ $15.00 per person
Friday Banquet (reception, dinner and entertainment) @ $28.00 per person
TOTAL
Name
Name to appear on meeting badge
Firm
Address
Telephone
*Date Admitted to the Bar
Enclosed is a check payable to the New Hampshire Bar Association in the amount of $ __________________
Please charge my Mid-Winter Meeting fees in the amount of $ ___________to EHMasterCard or EHVISA.
Account Number_________________________________________________Exp.Date _________________________
Signature_____________________________________________________________________
Refunds will be made ONLY FOR CANCELLATIONS RECEIVED BY
5:00 P.M., FRIDAY, JANUARY 20, 1989.
Mail this completed form, with check or payment information to:
New Hampshire Bar Association (MW)
18 Centre Street
Concord, New Hampshire 03301

NewHampshireBar Association
- 1989 Mid-Winter Meeting -
REGISTRATIONANDFEES
h
Note: All Mid-WinterMeetingfeesaresetso they coverthedirect costsofmeetingoperationsand mealsprovided. Feesmaybepaid byCheck,
MasterCard or VISA.
The Mid-Winter Meeting fees are as follows:
Attorney Registration F ee..................................................................................................................................................................$25.00
This fee isusedto help defraythe overall cost of presenting the Mid-Winter Meeting for the membership. All members ofthe NewHampshire
Bar Association attending the daytime activities (other than the Business Meeting) of the Mid-Winter Meeting MUST pay the registration fee.
*CLE Fee ........................................................................... $85.00 ($70.00 for lawyers admitted to the Bar after January 26, 1986)
MembersoftheBarmayattendtwoeducationalprogramsatthe Mid-WinterMeetingforthetraditionalpriceofasingleCLEprogram. Included
inthisfeearethe materialsforall fourCLE programspresented.TheCLEfeeremainsthesamewhetheryouareattendingoneorallprograms.
’Thursday Honors and Awards Luncheon ..................................................................................................................$18.00 per person
’Friday Buffet Luncheon................................................................................................................................................. $15.00 per person
’Friday Mid-Winter Meeting Reception and Banquet............................................................................................... $28.00 per person
*A $5.00 PER ITEM LATE FEE WILL BE CHARGED FOR REGISTERING AT THE MEETING.
Please Note: Bar members are strongly encouraged to register early to assure a reserved space at all programs and meals. Late
registrants for CLE programs cannot be assured of receiving all CLE materials on the day of the program.
TAX DEDUCTION OF EXPENSES
An income tax deduction may be allowed for expenses of education (including travel, meals and lodging) undertaken to maintain and improve
professional skills.
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"Have Gavel Will Travel"
^ N.H. Teachers Participate in Bar’s
• “SEARCH”LREStudy Program Dec. 7
U.S. Court of
Appeals Upholds
Constitutionality
Of Unified Bar
University of M assachusetts Professor David M.
Sc him me! speaks to participants in the “ SEARCH”
Institute about d iffe re n t LRE resources w hich are
available to teachers.
R epresenting Phi Alpha Delta, Robert E. Redding
o f Bethesda, Maryland speaks about the im por
tance of form ing LRE partnerships between attor
neys, teachers and law enforcem ent personnel.
In Wisconsin the United States Court of
Appeals for the Seventh Circuit upheld the
constitutionality of the unified State Bar of
Wisconsin in a decision issued on December
8, 1988 in the Levine v. Heffernan case. In
reversing the District Court’s opinion, the
Seventh Circuit held that the lower court
erred in not applying the precedent estab
lished by the U.S. Supreme Court in the
Lathrop v. Donahue decision. The appellate
court’s majority could find no plausible
reason for the trial court’s rejection of the
Lathrop decision which had earlier con
cluded that Wisconsin’s integrated bar did
not violate the first amendment.
The Court remanded Levine back to the
District Court so that the Lathrop precedent
could be applied. Copies of the Levine
decision can be obtained by calling Cheryl
Clark at the New Hampshire Bar Asso
ciation (224-6942).
More on the Levine decision will appear in
an upcoming issue of Law Weekly recog
nizing the 20th anniversary of the New
Hampshire Bar’s unification.
Preserve a year of Law Weekly
with a gold embossed binder.
Only $7.50
Call New Ham pshire Bar
Association Staff M em ber
Lucie M uhlfelder at 224-6942.
Lebanon School D istrict Social Studies C oordinator A rthur Pease (left) reviews LRE Study Program
m aterials w ith Epsom Police Patrolman D om inic R icciotti and N ational Institute fo rC itize n Education in
the Law Representative Elizabeth Chorak during the Decem ber 7th “ SEARCH” Institute at Plymouth
State C ollege. During the “ SEARCH” program , New Ham pshire teachers were introduced to three pro
gram s available fo r use in teaching about LRE topics.

Course frompage 437
torneys to approach cases through the
interests of their clients, to call upon the
experience of other attorneys when neces
sary and to become familiar with the Bar
Association’s Lawyers Assistance Commit
tee which provides non-judgmental and
confidential assistance to attorneys experi
encing problems with their practice.
Tober’s presentation was followed by a
panel discussion on criminal and civil trial
practice led by Manchester attorneys John
T. Broderick, Jr. and Joseph F. McDowell,
III, and Concord attorney Michael R.
Callahan.
The afternoon program featured a series
of workshops. During the first of three hour-
long workshop sessions, new admittees
chose from topics focusing on real estate
law, led by Manchester attorney Anne R.
Clarke and Nashua practitioner J. Jefferson
Davis; insurance law, directed by attorneys
Doreen F. Connor and Eileen Fox, both of
Manchester; and appellate practice, headed
by New Hampshire Supreme Court Associ
ate Justice William R. Johnson and Concord
attorney Margaret H. Nelson.
The second set of concurrent workshops
featured reviews of several types of practice
including wills, trusts and estates, directed
by Manchester attorney Charles A. De
Grandpre; criminal law, led by Peter J.
McDonough of the Hillsborough County
Attorney’s Office and Chichester attorney
Paul J. Twomey; and debtor/creditor rights,
headed by Manchester attorney Daniel J.
Callaghan. During the final series of work
shops, Manchester practitioners Karen L.
Heller and William E. Brennan reviewed
family law practice and issues while Concord
attorneys Thomas C. Platt, III and Charles
A. Szypszak focused their workshop dis
cussion on commercial law. In addition to
these workshops, participants also chose to
attend a workshop on practice before the
district courts led by Concord District Court
Associate Justice Michael F. Sullivan and
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A guest speaker at the N.H. Bar A ssociation Prac
tical S kills Course on Dec. 9 ,1 9 8 8 , Superior Court
Associate Justice W alter L. M urphy stresses the
need fo r attorneys to establish a good w orking
relationship w ith cou rt personnel.
Concord attorney Robert A. Stein.
In addition to the material covered in the
Practical Skills Course, new admittees were
also provided with copies of the new 1988-
89 edition of the New Hampshire Practice
and Procedure Handbook and the Rules of
Professional Conduct.
All new admittees are required by New
Hampshire Supreme Court Rule 42:7 to
N.H. Bar President Stephen L. Tober leads new
adm ittees in a review of the Rules o f Professional
C onduct during the Practical S kills Course held at
the N.H. State House and Legislative O ffice Build
ing in Concord.
participate in the Practical Skills Course
within two years of gaining admission to the
New Hampshire Bar. In response to this
rule, the New Hampshire Bar Association
Continuing Legal Education Program offers
the course twice a year with the generous
support of distinguished practicing attorn
eys and judges who choose to donate their
time to this important skills program. ^
N o r t h C o u n t r y T it l e S e r v ic e s ________
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(603) 224-3811 • In New Hampshire: 1-800-821-1005

. !
'
Supreme C ourt O pinion Summaries
}Self-incrimination: The Court held that the
defendant’s claim that the State violated his
privilege against self-incrimination by com
pelling him to testify was premature because
the State has not attempted to use the com
pelled testimony against the defendant in a
criminal prosecution.
The State of New Hampshire v. Alfred
O’Connell, 11/4/88. Stephen E. Merrill, and
Douglas N. Jones, for the State; Alfred
O’Connell, pro se.
THAYER, J. During an investigation
regarding the unauthorized practice of law,
the Office of the Attorney General asked the
defendant for information about his rela
tionship with the man under investigation.
The defendant refused to comply with that
request, with a subsequent subpoena, and
with an order to appear at a civil contempt
hearing. The superior court found the de
fendant in contempt, and ordered him to
appear at a judicially supervised deposition.
The defendant appeared but asserted that
his privilege against self-incrimination
entitled him to refuse to testify. The court
advised the defendant that he should raise
the privilege in response to individual
questions and not as a blanket privilege, and
the defendant then answered the State’s
questions.
On appeal, the defendant asserted that
compulsion of his testimony without a prior
grant of immunity violated his rights under
the New Hampshire and Federal Constitu
tions. The Court held that the defendant’s
claim was premature because the State has
not attempted to use the evidence against
him in a criminal proceeding. Appeal dis
missed. All concurred.
Double Jeopardy: Federal double jeopardy
provision barred retrial of defendant where
trial judge’s grant of State’s motion for
mistrial was not compelled by manifest
necessity.
State of New Hampshire v. Richard A.
King, 12/9/88. Stephen E. Merrill, attorney
general, and Robert B. Muh, for the State;
Alfred Catalfo, Jr., for the defendant.
BROCK, C.J. The defendant was in-
Summaries Page445
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Summaries frompage444
m icted for aggravated felonious sexual
assault of his wife. Two assistant county
attorneys selected the twelve member jury.
After the first day of trial, the county
attorney, who was prosecuting the case,
informed the court that he was acquainted
with one of the jurors. The defendant
requested the removal of the juror, who was
then replaced by an alternate juror. After the
second day of trial, the prosecuting attorney
informed the court that the replaced juror
had called him at home, telling him that
jurors had made comments suggesting that
they had predetermined the defendant’s
guilt. The court then held a voir dire
examination of the jurors individually in the
presence of the county attorney and counsel
for the defendant, which revealed that one
juror had joked about the defendant’s guilt.
The jurors who overheard the comment
denied they had been prejudiced. The court
then gave the defendant the option to
continue the trial with 11 jurors, request a
mistrial, or agree to a non-jury trial. The
defendant opted to continue the trial with
eleven jurors. The prosecuting attorney,
however, requested a mistrial, which the trial
court granted over the defendant’s objec
tion, on the ground that, although the jury
was capable of rendering a fair verdict, the
ossible damage to the public’s perception
roi fairness compelled the mistrial.
Upon interlocutory transfer to the
Supreme Court, the defendant argued that
the double jeopardy prohibitions of the
Federal and State Constitutions barred his
retrial because there was no manifest
necessity requiring the mistrial. The court,
which based its decision on the double
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jeopardy clause of the 5th amendment of the
U.S. Constitution, explained that the Fed
eral Constitution allows the trial judge “to
terminate the trial prematurely without the
defendant’s consent, and without foreclosing
the defendant’s retrial on the same charge,
where there is a ‘manifest necessity for the
act [the mistrial], or the ends of public
justice would otherwise be defeated.’ ”
Under this standard, the Court held that the
defendant could not be retried, because “the
negative impact on the public’s perception
of unfairness was wholly speculative, and did
not manifestly necessitate a mistrial to
further the ends of public justice.”
Remanded., BROCK, C.J. concurred spe
cially.
murder and held that an informer who
passively received information from the de
fendant, and relayed it to police without any
inducement, did not interrogate the defen
dant, and was not an agent of the police, and
so admission ofthe information did not violate
the defendant’s right to counsel.
The State of New Hampshire v. Robert
Bruneau, 12/9/88. Stephen E. Merrill, and
Brian T. Tucker, for the State; James E.
Duggan, for the defendant.
SOUTER, J. The defendant challenged
his conviction for first degree murder on four
grounds, contending that the'’ trial court
erred: (1) in admitting the defendant’s
inculpatory statements to an informer, over
Criminal Procedure: The Court affirmed
the defendant's conviction for first degree Summaries page 446
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Summaries frompage445
the objection that admission of the in
former’s testimony violated the defendant’s
right to counsel; (2) in ruling that other
statements of the defendant, obtained in
violation of his right to counsel, could be
used to impeach him if he took the stand; (3)
in refusing to give requested jury instruc
tions on the significance of flight by an
individual who the defendant claimed had
committed the murder; and (4) in refusing to
authorize public funds for a post-conviction
deposition of that individual.
On appeal, the Court first held that
because the informer volunteered informa
tion without any inducement by the police,
he was not an agent of the State. The Court
further held that the informer’s passive
receipt of information from the defendant
was not interrogation.
Second, the Court ruled that the defen
dant did not properly raise a claim that the
trial court violated his right to counsel
arising out of commencement of formal
criminal proceedings by ruling that state
ments obtained in violation of his Miranda
rights could be used to impeach him if he
testified. The Court further held that even if
the issue had been properly raised, it would
have been too speculative for adjudication,
given the absence of any evidence of
prejudice to the defendant.
Third, the Court held that it was within
the trial court’s discretion to refuse to
instruct the jury on the significance of flight
by an individual who the defendant claimed
had committed the murder, as this was
simply a factual argument by the defendant,
and not a legal theory of defense.
Finally, the Court held that the defendant
was not entitled to public funds for a post
conviction deposition when the trial court
found that the individual’s testimony would
have enhanced the prosecution’s case and so
would have provided neither evidence of
reversible error nor evidence entitling the
defendant to a new trial. Affirmed. All
concurred.
P R IV A T E
IN V E S T IG A T IO N S
S ta te w id e S e rv ic e
R e tire d F .B .L
M atsow
A sso c iates
Samuel J. Matson
RR1, Box 76
Ossipee, New Hampshire 03864
603 / 539-6327
Start planning NOW for the
New Hampshire Bar Association's
1989 MidA^Jinter Meeting
It isn't too early to begin planning for this year's NHBA
Mid-Winter Meeting scheduled for Thursday, January 26
and Friday, January 27, 1989. The site for the Mid-
Winter Meeting will be the Sheraton Wayfarer in
Bedford.
For information on the Mid-Winter Meeting, contact
D ebbie C am pagna a t 2 2 4 -6 9 4 2 .
* .
WANTED1
Consignments
'ere looking for a few good consignors for our
upcoming Americana auction. If you have fine American
country or formal furniture, folk art, clocks, needlework,
paintings, weathervanes, early glass, quilts, Oriental rugs
or decorative accessories call us at our new auction
gallery and let us sell them for you. So round 'em up and
we'll give you the reward.
P a u l / M ^ l r m i s I n c )
356 Exeter Road, Hampton Falls, NH 03844 603/778-8989
CLASSIFIEDS
Classifieds from page 447
WANTED TO BUY
Used set of West’s NH Digest. Contact NHLW,
Box BB, 18 Centre St., Concord, NH 03301.
Old a u tom otive parts and cars, furniture,
paintings, glass, clocks, etc. ANYTHING OLD!
Jones and Horan Auction Team 603-623-5314.
Lie. #2445.
FOR SALE
Beford Place Office Condo for sale. Must sell.
1,600 SF, individual Cape-styled unit, profession
ally decorated, ample parking, prime location.
$151,900. Call soon! (603) 898-6436. No brokers
please.
Attention —Government Seized Vehiclesfrom
$100. Fords, Mercedes, Corvettes, Chevys. Sur
plus Buyers Guide. 1-602-838-8885 Ext A-7748.
O u td a te d S et o f C .J.S . $600. Call (802)
674-6702.___________________________________
Used Syntrex Equipment — Aq. 11 terminals,
Leo terminals, Daisy Wheel Printers, Dot Matrix
Printers, Syntrex Software. Maintained in excel
lent condition on Syntrex service contract. Going
for 20 cents on the dollar. Call Gary Mathews
224-1989.___________________________________
CLASSIFIED AD RATES: 45® per word for 1 week;
42$ per word for 2 or 3 weeks; 40C per word for 4
weeks; or 38C per word for 5 or more weeks. Anon
ymous box holder service: an additional $10.00 one
tim e charge, plus additional chargeforforw arding of
writing samples. All mail is forwarded the day it is
received. Classified advertising w ill only be accept-1
ed on a prepaid basis.
DEADLINE: Ad copy must be received at least 10
days before the desired publication date. Send to
New Ham pshire Law W eekly, Advertising Depart
ment, 18 Centre Street, Concord, New Hampshire
03301 orcall(603)224-6942. Please be sure thatthe
advertisement is accompanied by a check made pay
able to New Hampshire Law Weekly.

C L A S S I F I E D S
POSITIONS AVAILABLE
Attorney Wanted — Unique opportunity for prac
titioner with one or more years experience. Areas
of concentration will be real estate, probate and
civil litigation. Salary commensurate with ability
and experience. Non-smoking offices. All replies
confidential. Send resume to Gauthier Law Of
fices, 321 Nashua Street, Milford, NH 03055
(603) 673-7220.______________________________
Associate — Large Manchester firm seeks staff
attorney strongly interested in real estate. Please
send resume to NHLW, Box CC, 18 Centre Street,
Concord, NH 03301.__________________________
Associate — Coos County firm seeks associate
with two to four (2-4) years experience in real
estate, commercial and banking areas. Municipal
experience also helpful. Busy existing practice in
need of person to take charge and able to work
with existing staff. All replies strictly confidential.
Reply to NHLW, Box DD, 18 Centre Street,
Concord, NH 03301.__________________________
Attorney— Expanding General Practice Concord
firm has an immediate opening for an associate.
All replies confidential. Send resume and salary
requ irements to NHLW, Box BB, 18 Centre Street,
Concord, NH 03301.
Attorney — Rapidly growing Amherst firm seeks
attorney with up to three years experience to
•
work in general litigation section. Excellent poten
tial for hardworking and productive attorney. Salary
and benefits are negotiable. Send resume to
Griffin & McKenney, One Spruce Park, Amherst,
NH 03031.
Associate Attorney — Established Monadnock
Region law office has associate position avail
able. Civil and Corporate experience preferred.
Salary commensurate with ability and experience.
Non-smoking office. Send resume and writing
sample to Law Offices of Roy A. Duddy, Noone
Falls Suite 203, Peterborough, NH 03458 (603)
924-9694.
Attorney Wanted — for plaintiffs personal injury
practice. 1-3 years experience. Send resume and
transcript to Thomas Craig Law Office, 99 Stark
Street, Manchester, NH 03101.
Attorney — Expanding Concord area firm has an
immediate opening for an experienced attorney
to work in litigation area. All replies confidential.
Associates aware of position. Send resume to
NHLW, Box Q, 18 Centre St., Concord, NH 03301.
Title Abstractor for Londonderry/Nashua law
firm to do title searches in Rockingham and Hills
borough counties. Experience necessary. Full
time position. Send resume in confidence to
Daniel J. Scanlon, Scanlon Law Firm, P.O. Box
868, Londonderry, NH 03053.
Secretary for small Manchester firm. Should have
wordprocessing, light bookkeeping and organi
zational skills. Competitive salary and benefits.
625-2222.
Legal Secretary — Small, busy office in Salem. At
•
east 1 year's legal experience, good typing skills.
i/IUST be level-headed, deadline-oriented. Non
smoking office. Please call 893-6010.
Secretary—Concord law firm seeks experienced
secretary to perform a variety of duties in probate,
corporate and general practice areas. Send re
sume to: P.O. Box 1378, Concord, NH 03302-
1378. All replies confidential.
Legal Secretary — Partner in established Man
chester law firm with emphasis on worker's com
pensation and personal injury litigation, seeks
experienced legal secretary with outstanding typ
ing and organizational skills. Must have excellent
telephone and inter-personal communications
skills. Please send resume to: Sue Ann Simoneau,
Nixon, Hall and Hess P.A, 80 Merrimack St., Man- x
Chester, NH 03101.
SERVICES
Searching for Heirs to Estates? Research con
ducted by a specialist certified by the National
Genealogical Society. Edward Holden, 627-6988.
Typing and Dictaphone Services provided. Free
pick up and delivery in Manchester only. 5 years
legal secretarial experience. Reasonable rates.
Terry 669-1964 anytime.
UROLOGY FORENSIC CONSULTANT, experi
enced, boards, professor, M.D., J.D. (314) 362-
7340; (800)747-7341.
MTP’s Word Processing Service. Manuscripts,
briefs, microcassettes transcribed etc. Reason
able rates. Call Peg 225-1086.
Greenbrier Kitchens and Baths, custom de
signed for busy professionals state-wide. Call
225-9144, Concord, NH.
Legal Research and W riting Service. We pre
pare memos, briefs, research, etc. $20/hr. non
rush. The Knapp Group. 224-8352.
Tamworth Tax & Title Services — Paralegal
services for attorneys, title abstracts. Carroll
County. 603-323-8308.
Paralegal Services, Inc., independent paralegal
services fo r lawyers. M URIEL LATSHAW
889-6469/888-3395.
J. Kellett Associates, litigation support - offers
independent paralegal services to the trial attor
ney for complete case preparation. 528-6333.
AUCTIONS
Jones and Horan Auction Team. Auctions of all
types. Rte 2 Mast Rd., Goffstown, NH 03045.603-
623-5314. Lie. #2445.
Action Auctions Inc., Walter H. Liff & George
Michael Real Estate Broker/Auctioneers &
Appraisor. Auctions of all types: Real Estate,
Liquidations, Personal Property and appraisals.
P.O. Box 4026, Portsmouth, NH 03801, (603)
431-6317.
Auctioneer, Ckristopher W allenstein makes
the difference in real estate, estate and commer
cial auctions. Call 603-753-9871. Ckristopher L.
Wallenstein, 77 River Rd., Penacook, NH 03303.
ADOPTION
Professional New Hampshire couple seeking
infant adoption. Will meet parents and pay ex
penses associated with adoption. Please contact
our attorney, Ann McLane Kuster, (603) 226-2600.
Childless Professional Couple wishes to adopt
infant to nine-month old into their loving and
stable home. Related expenses paid. Please con
tact our attorney, Janet F. DeVito, 16 Low Avenue,
Concord, New Hampshire 03301,603-224-8181.
NH couple hopes to adopt healthy infant into
their home. A loving and secure family life and a
hopeful future awaits our child. Related expenses
paid. Please contact our attorney, Margaret
Cunnane Hall at 673-8323.
Please consider us to adopt your child. We
have lost five babies of our own and would love
your baby so much. We are young and healthy and
would try to provide for both mother and child.
Please contact our attorney, Patti Hassinger at
(603) 332-1 235.______________________________
NH Attorney & Wife seek to adopt infant/toddler
0-3 yrs. If interested, contact ourattorney: Jos. W.
Worthen II, 91 Court Street, Keene, NH 03431
352-3630.
NH couple seeks to adopt a healthy infant. Will
provide a loving, caring and secure home environ
ment. Related expenses paid. Please contact our
attorney, Ruth E. Parks at 428-3231.
Professional Couple seeks to adopt healthy
infant. Please contact our attorney, Robert G.
Daniels, 54 Temple St., Nashua, NH 03060, (603)
882-3324.
OFFICE SPACE
Manchester — Downtown historical district. Ap
proximately 400 square feet located in recently
renovated Amoskeag Historical building with two
on-site parking spaces. $600 per month - Call
627-4111.
Concord — Rent office space in deluxe, historic,
downtown condominium with established legal
practice and three other attorneys. Waiting room,
conference room, library, receptionist, FAX ma
chine and other law office amenities available,
including limited secretarial services. Some refer-
rals possible. Call 225-5010.__________________
Shared office space across from Manchester
Superior Court; law library, copy machine and
conference room available. Price negotiable.
625-2222.
Concord — Lawyer wanted to share office space
in rehabilitated historic building on North Main
Street. Full secretarial services with computer
and laser printer. Ample parking. 224-1877.
Bedford — Professional office space available
for live-in. Beautifully renovated with full kitchen
and bath. 2000 sq. ft Great Location, plenty of
parking, low monthly rent. Call Charlie Linatsis at
644-8900.
Manchester — 865 sq. ft. of elegant penthouse
office space available immediately in the R.G.
Sullivan Building convenient to downtown.
$1010/mo NNN. Call Jeannie Pecknold at
624-9220.
FOR LEASE
Brick Colonial professional office building avail
able for 3-5 year lease. One block from State
House. Accommodates 4-6 professionals and
support staff. Ample parking/library/conference
room/security system. Available on or about
February 1, 1989. Recently redecorated. Excel
lent move-in condition. Call Kathy at 225-2767 for
further information.
Classifieds page 446

Coming Up
DECEMBER 19 -Continuing Legal
Education Committee meeting, 3:00
pm, Bar Center, Concord.
DECEMBER 21 -New Hampshire
Trial Lawyers Association Christmas
Party and Brief Board of Governors
meeting, 6:00 pm, Lamie’s Tavern &
Inn, Hampton.
DECEMBER 22 -Health Insurance
Committee meeting, 4:00 pm, Devine,
Millimet, Stahl& Branch, Manchester.
JANUARY 4 -New Lawyers Com
mittee meeting, 3:30 pm, Bar Center,
Concord.
H am pshire Law W feekly' IS CentreStreet, Concord, NewHampshire03301
Second Class Postage
ADDRESS C O R R E C T IO N REQUESTED
JANUARY 5 -Family Law Section
meeting, 3:30 pm, Bar Center, Concord.
JANUARY 9 -Bar Journal Board of
Editors meeting, 3:15 pm, Bar Center,
Concord.
JANUARY 10 -Fee Dispute Resolu
tion Committee meeting, 4:00 pm, Bar
Center, Concord.
JANUARY 11 -Economics of Law
Practice Committee meeting, 3:30 pm,
Bar Center, Concord.
JANUARY 11 -Granite State Asso
ciation of Legal Administrators meet
ing, 12:00 noon, Cat ‘N Fiddle Res
taurant, 118 Manchester St., Concord.
JANUARY 12 - Ethics Committee
meeting, 1:30pm, Bar Center, Concord.
JANUARY 16 - Continuing Legal
Education Committee meeting, 3:00
pm, Bar Center, Concord.
JANUARY 18 -Law Related Educa
tion U.S. Supreme Court Subcommit
tee meeting, 2:30 pm, Bar Center,
Concord.
★ ★ ★ ★ ★ ★ ★
MID-WINTER MEETING
JANUARY 26-27 -New Hampshire
Bar Association Mid-Winter meeting,
Sheraton Wayfarer, Bedford.
★ ★ ★ ★ ★ ★ ★
JANUARY 26-New Hampshire Bar
Association Board of Governors meet
ing, 8:00 am, Sheraton Wayfarer,
Bedford.
Coming Up is reservedfor events re
lated to the New Hampshire Bar and/
or of interest to its members. If you
would like to announce an up-coming
meeting or activity please submit to:
Coming Up, NHLW, 18 Centre Street,
Concord, NH 03301 at least 10 days
before the desiredpublication date.
The oldest, and still growing stronger.
Thankstothislegalteam.
You can’t continue growing in the New England mar
ket,without the assistance of expert legal counsel.
At Commonwealth, it’s just such expertise that has
enabled us to continue growing even after 110 years in
the industry. All of our legal specialists have been
involved with virtually every kind of project — from a
modest farm in Vermont to a major chain of hotels
throughout New England.
To keep abreast of key developments, they maintain
close contact with local legislatures and monitor legal
decisions on the national real estate scene. W hat’s
more, that knowledge isn’t kept a secret. Periodic
bulletins are issued to keep Commonwealth’s 750
agents, approved attorneys and offices in New Eng
land up-to-date on pressing legal matters.
So when you discuss title underwriting with Com
monwealth, you can rest assured you’re receiving fac
tual and timely information. And, our staff is available
for consultation at your convenience. We are only a
telephone call away.
Put Commonwealth’s legal counsel to work on your
next title transaction. It will quickly become evident
why Commonwealth keeps on growing stronger in
New England.
T itle insurance since 1876.
COMMONWEALTH
LANDTITLE INSURANCE COMPANY
A Reliance Group HoldingsCompany
50 Federal Street • Suite 405
Boston, MA 02110
(800) 343-0578 • (617) 542-0800
1. to R: Haskell Shapiro.
Marc Frankenstein.
Dave Merrill
Commonwealth
Land Title...

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