Petition of Stuart Dedopoulos

Summary

The Supreme Court of New Hampshire reviewed a $100 fine imposed on Attorney Stuart Dedopoulos for failing to appear at a pretrial conference while attending a conflicting proceeding in another county. The court held that, given Dedopoulos's timely motion to continue, diligent efforts to determine its status, communication with opposing counsel, and lack of negligence, imposing the fine was an unsustainable exercise of discretion. The court reversed the sanction.

Holdings

1. The trial court's imposition of the fine constituted an unsustainable exercise of discretion because Dedopoulos made timely and diligent efforts to obtain a ruling on his continuance motion, disclosed the scheduling conflict, coordinated with opposing counsel, and had no apparent negligence in failing to appear.

Questions Presented

1. Whether the trial court's imposition of a $100 punitive monetary sanction for Dedopoulos's failure to appear at the pretrial conference constituted an unsustainable exercise of discretion under the circumstances.

Disposition

reversed