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37 New Hampshire Bar News (n.s.) 1 (2026)

handle is hein.barjournals/nhbn0037 and id is 1 raw text is: June 17, 2026 Supporting members of the legal profession and their service to the public and the justice system. Vol. 37 No. 1 CFI Disability Rights Class Action to Proceed Toward Trial Young Adult Court graduates Trenton Liggins and Nyah Velasquez, holding flowers, pose with Judge N. William Delker and members of the YAC team following their February 19 graduation ceremony in Manchester. From left are Linda Gromko, Scott Marquis, Nancy Wickwire, Allison Joseph, Ter- rence O'Neill, Trenton Liggins, Hon. N. William Delker, Nyah Velasquez, Nellie Chancey, Jordan Strand, Patrick Ives, Michael Hamman, and Zachary Charland. Photo by Av Harris Young Adult Court Graduates Show Program's Early Promise By Tom Jarvis When Nyah Velasquez and Trenton Liggins completed Young Adult Court (YAC) during a February 19 graduation ceremony at Hillsborough County Su- perior Court North in Manchester, they became the fourth and fifth graduates of a program launched less than three years ago as a pilot. Judge N. William Delker, who pre- sides over YAC, says both graduates are now pursuing paths that once may have seemed unlikely. Both of those participants are re- ally on a career track that I don't think anyone would have imagined when they entered the program, Judge Delker says. YAC began in 2023 as a pilot pro- gram for defendants aged 18 to 25 who have been charged with serious crimi- nal offenses and are assessed as need- ing the level of structure and support the COURT continued onpage 18 By Tom Jarvis A federal class action alleging that New Hampshire has failed to provide necessary home- and community-based services to older adults and people with disabilities enrolled in its Choices for Independence (CFI) program will pro- ceed toward trial after US District Court Judge Paul J. Barbadoro denied summa- ry judgment to both sides. In an April 17 memorandum opin- ion in Fitzmorris v. Weaver, Judge Barbadoro found that material factual disputes remain in the case, which was brought by participants in the CFI Waiver program against the New Hamp- shire Department of Health and Human Services (DHHS) and its commissioner, Lori Weaver. The ruling does not decide whether the defendants violated federal disabil- ity rights laws. Rather, it permits the plaintiffs to continue pursuing claims that DHHS's administration of the CFI program places participants at serious risk of unnecessary institutionalization in violation of Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. The CFI program provides Medic- aid-funded home- and community-based services to eligible adults who meet the level of care required for nursing facil- ity placement but choose to receive ser- vices in their homes and communities. According to the opinion, the program served 4,401 unique participants during the reporting period from July 1, 2022, through June 30, 2023. The named plaintiffs, Emily Fitzmorris and Kathleen Bates, repre- sent a class of CFI participants who, they allege, have been placed at serious risk of unjustified institutionalization because DHHS has failed to ensure they receive the community-based long-term care services and supports for which they have been found eligible and as- sessed to need. Disability Rights Center-New Hampshire (DRC-NH) Litigation Di- rector Jennifer Eber says the April rul- ing means the case will move toward trial, likely this fall. The New Hampshire Department of Health and Human Services' ongoing failure to properly administer the CFI program has had devastating, real-world consequences for participants who rely on authorized CFI services to live safely at home, Eber says. Without timely delivery of services, CFI participants often cannot get out of bed in the morn- CFI continued onpage 17 Judges Examine Complexities of Domestic Violence, Sexual Assault Cases By Tom Jarvis New Hampshire's trial court judges gathered in Concord on March 20 for a full-day examination of domestic vio- lence and sexual assault cases, focus- ing on the legal, procedural, and human complexities that can arise when related matters move through different courts at the same time. The judicial education program, held at Merrimack Superior Court, in- cluded sessions on protective orders, criminal bail conditions, prior abuse evidence, expert testimony on delayed disclosure, court data, firearm surren- der requirements, barriers to accessing protection, and trauma-informed jury selection. The program also featured a keynote address by Aaron Stone, a re- tired US Army combat medic, sexual assault survivor, and founder of 18 Winters: Shattering the Silence Around Male-on-Male Sexual Assault. Circuit Court Chief Judge Ellen Christo says the daylong program re- flected the complexity of domestic vio- lence and sexual assault cases and the need for continued judicial education. These cases often move between both superior and circuit courts, and the laws, procedures, and best practices are constantly evolving, she says. After talking with colleagues throughout the Judicial Branch, we felt it was impor- tant to dedicate a full training day to this work. Judge Christo says the program was intended to provide a comprehensive examination of how the cases proceed TRAINING continued on page 18 QE Keynote speaker Aaron Stone speaks candidly about his experience as a male survivor of sexual assault and the barriers survivors face in coming forward during the March 20 judicial training on domestic violence and sexual assault. Photo by Av Harris NIDTHSIS NHBA News......... 2-18, 22-23 NH Court News ..............33-34 President's Perspective. A Legal Legacy. NHBA•CLE ......................19-21 Classifieds.......................34-39 PAGE 2 Practice Area Section ..... 24-32 BOG. Recent Changes to NHBA Board of Periodical Postage paid at Concord, NH 03301 Governors. PAGE 3 Practitioner Profile. Geoffrey Gallagher. PAGE 4 Public Sector Practitioner Profile. Matthew Vicinanzo. PAGE 5 HB 1467. Civics Recognition Program for High School Students. PAGE 6 Wellness Corner. Burnout. PAGE 7 LGBTQ+. Making Your Practice Welcoming. PAGE 8 Perspective Piece. Lake People Problems, Part Two. PAGE 9 Bar Foundation. IOLTA Grants Committee Candidates. PAGE 10 Civics Corner. Celebrating Nation's 250th Anniversary. PAGE 11 From the Law School. Women at the Helm. PAGE 12 Information Technology. Subduing Your Subscriptions. PAGE 14 Intellectual Property Law and Governmental & Municipal Law Section Practice area articles with important information and updates in intellectual property, governmental, and municipal law. PAGES 24-32