State v. Kidder

The Hillsborough District Court (Hatfield, J.) certified the following question pursuant to Supreme Court Rule 9:

Does the defendant in this case, who is subject to a protective order issued by the District Court which prohibits third party contact with the victim by telephone, violate the order when the defendant’s attorney, a member of the New Hampshire Bar in good standing, contacts the unrepresented protected person on behalf of the defendant?

For the reasons explained below, we answer this question affirmatively and remand.

The district court, following offers of proof and submission of…