New Hampshire Advisory Committee on Judicial Ethics Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the New Hampshire Advisory Committee on Judicial Ethics, with full citations and source links on every page.
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May judges on the Judicial Conduct Committee report an attorney's false complaint and disclose confidential investigation records to attorney discipline officials?
New Hampshire Advisory Opinion 2023-ACJE-01 concluded that Rule 40(3) does not prevent the Judicial Conduct Committee from making a full report of the attorney's misconduct to the Attorney…
May a judge negotiate with insurers on behalf of a parent after a car accident?
New Hampshire Advisory Opinion 2022-ACJE-01 permits a judge to give a family member unpaid legal advice and draft or review documents behind the scenes. It says the judge may not act as an advocate…
May a judge approve recommendations made by a judicial referee who is the judge’s sibling?
The Committee said the judge must be disqualified from reviewing the sibling referee’s recommendations, and disclosure and waiver cannot cure the perceived personal bias.
May a judge host an unpaid podcast about professional sports for a commercial radio station?
The Committee allowed the proposed sports podcast subject to limits on judicial identification, advertising, online content, sports wagering advice and comments on pending or impending cases.
May a judge pledge money to a legal services fundraiser that may use her name to encourage donations?
The Committee allowed the judge to make a charitable pledge but prohibited use of her identity and judicial position to encourage others to give to the campaign.
May a judge hear cases brought by a police department employing the judge’s son?
The Committee disqualified the judge from all cases brought by the department employing his son and said disclosure and waiver could not remit the disqualification.
May a seriously ill per diem judge accept donations from lawyers who may appear before him?
The Committee allowed donations from lawyers and others who might appear before the judge if the donors remained anonymous, regardless of the fund’s organizational form.
Must a judge recuse when a former marital master with whom the judge worked appears as counsel?
The Committee found no automatic disqualification absent actual bias, but required disclosure of the prior working relationship for a reasonable period.
May a retired judge on senior active status serve as an alternate on a town planning or zoning board?
The Committee permitted the appointment because the Code treated senior active judges as part time, while requiring the judge to avoid matters involving the board.
May a part time district judge appear as counsel or guardian ad litem in a family court where the judge formerly served?
The Committee allowed an appearance in the former court unless the judge served in that case or a related proceeding; the former colleague was not automatically disqualified.
May a part time judge personally solicit lawyers for a county bar association charity campaign?
The Committee prohibited the proposed personal solicitation of county lawyers by letter and telephone, even though the letter would omit the judge’s title.
May a part time judge mention a judicial appointment in a press release for a new private law practice?
The Committee prohibited mentioning the appointment in a promotional press release for the judge’s law practice, while distinguishing an unsolicited reporter question.
May a judge rejoin a private club after court findings that it discriminated against women?
The Committee required careful review of the club’s current policies and practices, including compliance with prior court orders, and said doubts should be resolved against rejoining.
Could New Hampshire's Chief Justice attend a retirement dinner honoring a judge assigned to a case involving him?
The Committee concluded that Chief Justice Broderick could not attend Judge Murphy's testimonial while Murphy was assigned to litigation involving Broderick, because attendance could create an…
May a New Hampshire judge consult directly with an out-of-state judge about a case transfer?
The Committee concluded that Canon 3(B)(7)(b) permits consultation with a judge in another jurisdiction when it aids the New Hampshire judge's adjudicative work, including transfer of cases between states.
May a part-time judge chair membership recruitment for a legal history society?
The Committee permitted the membership chair role, but restricted personal solicitation that could seem coercive, reach likely court participants, or function as fundraising. It also limited use of…
Did the judicial ethics committee decide whether lawyers from a special justice's former firm could appear in that court?
No. The Committee said the presented attorney-appearance question fell outside its judicial ethics jurisdiction. It did not decide a possible recusal question because that question had not been asked.
May a part-time judge mention judicial office in a directory listing for the judge's law practice?
The Committee concluded that a part-time judge may not refer to judicial office in a Martindale-Hubbell listing for private law practice.
May a judge introduce a guest speaker at a charitable fundraiser?
The Committee concluded that a judge may not introduce the speaker at the described public fundraiser, because even an introduction uses judicial prestige in connection with fundraising.
Must a judge recuse when a lawyer from the judge's recent former firm serves as guardian ad litem?
The Committee required disqualification on the stated facts: the judge's substantial, recent firm ties and recusal from cases involving those lawyers as advocates. Canon 3F allowed the judge to ask…
May judges attend nonprofit lawyers’ association events as guests when the events are not fundraisers?
The Committee allowed judges to attend nonfundraising functions of private nonprofit lawyers’ associations as guests, treating the invitations as ordinary social hospitality.
Must a judge step aside when a firm employing the judge's former spouse and former law partner appears?
The Committee found no automatic disqualification based on the former spouse's of-counsel role, absent actual bias or prejudice. It considered disclosure of the prior relationship appropriate when…
May a judge's name appear on a charity's fundraising letterhead and as a donor contact?
The Committee permitted the judge's name on the charity's letterhead used for fundraising, but prohibited listing the judge in the solicitation as a contact for potential donors.
Must a part-time judge recuse in cases involving staff of a mental health center the judge represents?
The Committee's majority required disqualification in cases involving services by staff of the judge's mental health center client. It allowed a request for waiver under Canon 3F if the judge…
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Legal ethics opinions from the New Hampshire Advisory Committee on Judicial Ethics interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are advisory, not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.