Legal Briefs: News from Around NH

NH Senate advances plan tying Northern Border enforcement to land use law

Republicans in the New Hampshire Senate passed a plan to allow local police to arrest suspected undocumented migrants for trespassing on privately-owned recreational land, including along the Canadian border.

The bill passed along party lines, with all Senate Democrats opposed, and now heads to the New Hampshire House. It comes as border officials in New York and Vermont are reporting a sharp rise in arrests of migrants entering from Canada, though recent data shows only a small number of encounters have taken place in New Hampshire.

Under the proposal, private landowners who grant the public access to their land through New Hampshire’s current use program would be permitted to post “No Trespassing” signs with exceptions for recreational use without jeopardizing their tax break.

“We need to do something to protect our borders,” Sen. Kevin Avard, a Republican from Nashua, said Thursday. “This is a small attempt.”

The measure was requested by a small group of Pittsburg residents who say they have seen migrants cross their property. If passed, the bill would allow local police to enforce the state’s trespassing law, rather than waiting for Border Patrol agents to respond.

Some immigrant rights activists and Democrats contend the measure will lead to racial profiling.

“If this bill passes, how do we distinguish between a migrant carrying a backpack and wearing boots, from any other hiker who is permitted to walk on the land?” Sen. Becky Whitley asked her colleagues during debate on the bill Thursday.

Senate President Jeb Bradley, the bill’s sponsor, previously told NHPR he believes the proposal is constitutional. He also said the bill has the backing of the Attorney General’s office.

Border officials have released data showing a record number of encounters with migrants along the New York and Vermont international borders this winter. New Hampshire’s approximately 58-mile border with Canada is heavily forested and has relatively few roads in proximity to the boundary on either side. Recent data obtained by the ACLU of New Hampshire through a lawsuit against U.S. Customs and Border Protection showed just 21 suspected migrants were detained by federal agents in the state in the 15-month period between October 2022 and December 2023.

Still, Republicans argued Thursday the trespassing bill was needed to close what they argued is a gap in federal enforcement. — Todd Bookman, NH Public Radio

McLane Middleton announces annual award winners

McLane Middleton announced its annual award winners: Jacqueline A. Leary (Jack B. Middleton Pro Bono Award), Jennifer R. Dionne (John A. Graf Client Service Award), and Joan Corey (John R. McLane Jr. Community Service Award).

The awards were presented at the firm’s recent Colleague Recognition Reception.

Jacqueline Leary was the recipient of the 19th annual Jack B. Middleton Pro Bono Legal Services Award for her outstanding commitment to providing legal counsel to those who need but cannot afford it.  McLane Middleton created this award in support of its efforts to help ensure that all New Hampshire residents, regardless of resources, have access to the justice system.

“Year after year Jacqueline consistently has a full pro bono case load with a particular focus in helping victims of domestic violence and family law in New Hampshire & Massachusetts,” said Andrew R. Hamilton, a director in McLane Middleton’s Litigation Department and chair of the Pro Bono Committee. “She exemplifies this award in spades for her long and continuing commitment to pro bono work.”

Jacqueline’s family law practice is focused on complex divorce and parenting issues for clients with substantial assets and complex cases in New Hampshire and Massachusetts.

Jennifer Dionne was the recipient of the firm’s annual John A. Graf Client Service Award.  The award is named in honor of a former partner in the firm who was relentlessly focused on solving his clients’ problems.  The award is provided annually to the McLane Middleton attorney, paralegal, or administrative colleague(s) who exemplifies the highest level of client responsiveness and excellence in service based on colleague observations, peer reviews, and client recommendations.

“Jennifer is a client service champion and has consistently met and exceeded client expectations and works diligently to provide excellent client service.,” said Mike A. Delaney, a director in the firm’s Litigation Department and Chair of the firm’s Client Service Committee.  “She is a dedicated professional, who goes above and beyond to make sure clients are taken care of in the McLane Middleton way,” added Laura B. Dodge, a director in the firm’s Real Estate Practice Group and Vice Chair of the Client Service Committee.

Jennifer is a senior trust officer/manager in the firm’s Trust Services Department where she works closely with clients, financial advisors, and fiduciaries to help implement various strategies, facilitate funding, manage assets, expedite distributions, maintain reporting requirements, and coordinate related tax returns.

Joan Corey was the recipient of the firm’s John R. McLane, Jr. Community Service Award.  This annual award is given to the McLane Middleton attorney, paralegal, or administrative colleague who exemplifies the highest commitment to the community based on colleague observations and peer reviews.  The award is named after former partner, John R. McLane, Jr., who had a long history serving the community.

“Joan consistently went above and beyond with her volunteer efforts this year and consistently volunteered her time to help others in our community,” said John E. Hughes, a director in McLane Middleton’s Trusts & Estates Department and co-chair of the firm’s Community Service Committee. “She is always ready and happy to participate in our firm’s community service efforts and to assist organizations in need.”

Bernstein Shur welcomes shareholder Pawel Z. Binczyk

Bernstein Shur recently welcomed Pawel Z. Binczyk to the firm as a Shareholder in the Labor & Employment, Litigation and Dispute Resolution and Food and Beverage Practice Groups.

Binczyk (he/him) is a litigator, advisor, and crisis response professional representing organizations in Maine, New Hampshire, and throughout New England. He brings over a decade of experience advising and aggressively defending organizational clients in a broad range of contexts. His diverse pool of clients has included school districts, universities, recreational centers, logistics companies, product distributors, factories, paper mills, property managers, technology companies, retailers, charities, residential care providers, and the United States Army, among others.

On joining Bernstein Shur, Binzcyk is excited to contribute to the firm’s traditional labor work.

“It’s a practice area that I love working in, and I am grateful for the opportunity to work with intelligent people, who are also genuinely kind and easy to be around,” said Pawel Binczyk. “I’m ready to dive into a great team and am looking forward to contributing to the culture that Bernstein Shur is building.”

Binczyk has tried dozens of civil and criminal jury cases in his career, on issues ranging from complex wage and hour matters; regulatory investigations; discrimination claims; Title IX claims; union campaigns, negotiations, and grievances; unfair labor practice charges; complex injury claims; transportation claims; and property management cases, among other matters.

In addition to his civilian practice, Pawel serves part-time as a uniformed general counsel for the Maine Army National Guard, where he advises the command team on the variety of legal considerations that shape operations. Pawel previously served in various roles while on active duty in the United States Army JAG Corps, having lived and worked throughout the United States and overseas in Germany, Eastern Europe, and Scandinavia.  His military litigation practice focused on cases involving child victims, special victims, intimate partner violence, and homicide in both prosecution and defense roles. He has tried over 50 felony cases to verdict and has been involved in investigating and litigating hundreds of others.

In his personal time, Binczyk gives back to fellow Veterans as a board member of Boots2Roots, which helps active duty military members, Veterans and their families transition to civilian life in Maine. He also participates in the Volunteer Lawyers’ Project and 100 Men Who Care. He enjoys spending time with his three children, participating in theater, and enjoying Maine’s outdoor sporting traditions in all four seasons.

Binczyk is admitted to practice in the States of Maine, New Hampshire, and New York; the Commonwealth of Massachusetts; the United States Court of Appeals for the First Circuit; the United States District Court, District of Maine; and the United States District Court, District of Massachusetts. Pawel holds a J.D. from the Catholic University of America Columbus School of Law, a bachelor’s degree from Amherst College, and has completed the Judge Advocate Officer Basic Course at the Judge Advocate General’s Legal Center and School.