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Filing Pseudonymously: New Hampshire

Contents

  1. New Hampshire

  1. New Hampshire

    1. Caselaw

      New Hampshire reported cases with Doe plaintiffs are almost exclusively limited to family law or child abuse or sexual abuse of minors, and include no discussion of pseudonymity. An adult plaintiff will have great difficulty successfully arguing that harm to them caused by suing under their true name is as great as those to abused minors. Family law, similarly, is quite distinguishable. See, e.g., Niedzielski v. St. Paul Fire & Marine Ins. Co., 589 A.2d 130 (N.H. 1991) (Doe is minor patient of defendant dentist who is sexually abused at appointment).

    2. Filing Requirements & Availability of Court Records

      New Hampshire civil procedure rules do not exactly track the federal rules.

      N.H. SUPER. CT. R. 2-A (2010) provides:

      Writs will not be accepted for entry unless the mail address and actual street address of each party plaintiff appear thereon (except domestic violence petitions, in accordance with RSA 173-B:3), and no appearance card shall be filed unless it contains the mail address and actual street address of each party defendant included in said appearance card. For good cause shown, any writ or appearance card rejected for non-compliance with this rule may, upon motion and compliance, be admitted for filing.

      Supreme Court opinions are available at http://www.courts.state.nh.us/supreme/opinions/index.htm (last visited Apr. 20, 2010).

    3. Relevant Statutes

      • N.H. REV. STAT. ANN. § 169-B:35 (2010) provides for confidential court records for juvenile cases.

      • N.H. REV. STAT. ANN. § 169-D:25 (2010) provides for confidential court records where “children are in need of services.” Similarly, under N.H. REV. STAT. ANN. § 169-C:25 (2010), court records under the Child Protection Act are to be confidential.

      • N.H. SUP. CT. R. 12 (2010) provides the procedure for seeking confidentiality of Supreme Court records; note however, that confidentiality is akin to sealing records, and does not include pseudonymity.

    New Hampshire Pseudonym Law

    New Hampshire reported cases with Doe plaintiffs are almost exclusively limited to family law or child abuse or sexual abuse of minors, and include no discussion of pseudonymity. Thus, a victim who is a minor can be covered by statutory laws while an adult plaintiff may have difficulty preserving anonymity.

    1. N.H. REV. STAT. ANN. § 169-B:35 (2015): Juvenile Cases and Court Records

      1. Introduction

        Statute provides for confidential court records for juvenile cases. Court records of proceedings are withheld from public inspection, but are open to inspection by officers of the institution where the minor is committed, those entrusted with the corrective treatment of the minor, and the parents/guardians of the minor.

      2. Text of Statute

        NH Rev Stat § 169-B:35 (2015).

      3. Cases

        1. In re Ryan D., 146 N.H. 644, 777 A.2d 881 (2001)

          In general, juvenile court records “shall be withheld from public inspection” except as provided under RASA 169--B:35. According to RSA 169-B:36, the court may not disclose court records of juveniles to anyone who is not entitled to access pursuant to RSA 169--B:35 or RSA 169--B:37.

          • Procedural Posture: An appeal for an order of the Dover District Court that denied Ryan D., a fifteen-year-old juvenile, his objection to the publication of his name and address. The district court ruled that RSA 169 B:46 required disclosure of the juvenile’s name.
          • Law: Juvenile confidentiality (RSA 169 B:46)
          • Facts: The Dover Police Department filed two petitions against the juvenile, alleging reckless conduct and criminal mischief. The juvenile entered pleas of true to each petition. As part of the plea agreement, the State agreed that it would not disclose the juvenile’s name or address to the public.
          • Outcome: The New Hampshire Supreme Court reversed and remanded the decision. The court concluded that RSA 169--B:46 does not require that courts disclose the name or address of a juvenile who has committed vandalism. The Court agreed with plaintiff juvenile that the trial court’s interpretation of RSA 169 B:46 conflicts with the overall purpose of the delinquency statute and that RSA 169--B:35 requires that juvenile court records remain confidential.

    2. N.H. REV. STAT. ANN. § 169--D:25: Case and Court Records

      1. Introduction

        New Hampshire law provides for confidential court records where “children are in need of services.”

      2. Text of Statute

        I. All case records, defined in RSA 170-G:8-a, relative to children in need of services, shall be confidential and access shall be provided pursuant to RSA 170-G:8-a.

        II. The court records of proceedings under this chapter shall be kept in books and files separate from all other court records. Such records shall be withheld from public inspection but shall be open to inspection by juvenile probation and parole officers, a parent, a guardian, a custodian, the relevant county, the minor's attorney and others entrusted with the supervision of the child. Additional access to court records may be granted by court order or upon the written consent of the minor. Once a child in need of services reaches 18 years of age, all court and police records shall be destroyed.

      3. Cases

        1.  In re Larry B., 125 N.H. 376, 480 A.2d 166 (1984)

          • Procedural Posture: Superior Court upheld district court order and terminated the district court’s jurisdiction. Both parties appealed to the Supreme Court.
          • Law: RSA 169--D:25
          • Facts: In Milford District Court, Larry B. was adjudicated a “child in need of services” (CHINS) and the court ordered the New Hampshire Division of Welfare to place Larry B. at the DeSisto School. In Superior Court, a trial de novo occurred which issued an order that essentially upheld the district court’s rulings, but also held that the district court’s jurisdiction had terminated. Larry B. moved for a stay of the order pending his appeal to the New Hampshire Supreme Court. The superior court granted the stay. All parties all appeared.
          • Outcome: Jurisdiction terminates when a CHINS reaches the age of eighteen. Nothing in RSA chapter 169--D provides for the court’s retention of jurisdiction over a CHINS after he or she turns eighteen. The Supreme Court of New Hampshire affirmed the part of the court’s order holding that the district court could not exercise any jurisdiction over Larry B. pursuant to the CHINS statute after his eighteenth birthday. The court reversed the part of the order holding that Larry B’s placement at the DeSisto School was authorized by statute.

    3. N.H. REV. STAT. ANN. § 169-C:25

      1. Introduction

        Under N.H. REV. STAT. ANN. § 169-C:25, court records under the Child Protection Act are to be confidential.

      2. Text of Statute

        I. (a) The court records of proceedings under this chapter shall be kept in books and files separate from all other court records. Such records shall be withheld from public inspection but shall be open to inspection by the parties, child, parent, grandparent pursuant to subparagraph (b), guardian, custodian, attorney, or other authorized representative of the child.

        (b) A grandparent seeking access to court records under subparagraph (a) shall file a request for access with the court clerk supported by an affidavit signed by the grandparent stating the reasons for requesting access and shall give notice of such request to all parties to the case and the minor's parents. Any party to the case or parent may object to the grandparent's request within 10 days of the filing of the request. If no objection is made, and for good cause shown, the grandparent's request may be granted by the court. If an objection is made, access may be granted only by court order.

        II. It shall be unlawful for any person present during a child abuse or neglect hearing to disclose any information concerning the hearing that may identify a child or parent who is involved in the hearing without the prior permission of the court. Any person who knowingly violates this provision shall be guilty of a misdemeanor.

        III. All case records, as defined in RSA 170-G:8-a, relative to abuse and neglect, shall be confidential, and access shall be provided pursuant to RSA 170-G:8-a.

      3. Cases

        Research has not identified any relevant cases at this time.

      4. Practice Pointers

        The Supreme Court Advisory Committee on June 8, 2018 voted down a proposed change that would disguise the names of victims in all felony cases in Supreme Court records. 1

    1. InDepthNH.org, UPDATED Some For, Others Against Disguising Victim Names in Supreme Court Records, June 2, 2018, http://indepthnh.org/2018/06/02/some-for-others-against-disguising-victim-names-in-supreme-court-records/ ↩
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