Nature of the Case
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Facts
New Hampshire Legal Assistance (NHLA) represented Ps in a class action against D for the failure to provide female inmates to the benefits and programs provided to male inmates. Pursuant to Fed. R. Civ. P. 68, the state offered to settle the litigation. Its first offer was rejected. The second offer proposed an in-state facility at the Laconia State School (LSS). NHLA just happened to also represent a class action against the state for the conditions at LSS, the Garrity Class. NHLA rejected the offer stating in part that Ps did not want to agree to an offer which is against the stated interests of the plaintiffs in the Garrity class.' D moved for the disqualification of NHLA as class counsel in the case at bar due to the unresolvable conflict of interest inherent in NHLA's representation of two classes with directly adverse interests. The motion was denied because NHLA's disqualification would delay the trial of an important matter that had been pending for over three years. The Garrity class filed motioned to intervene on December 11, ten days after the conclusion of the trial on the merits. The group alleged that it had only recently learned of the state's proposal to develop a correctional facility for women at LSS. The members of the class were concerned that the establishment of this facility at the school's Speare Cottage, which they understood to be the primary building under consideration, would displace 28 residents of the school and violate the remedial orders issued by Chief Judge Devine. The district court denied the motion to intervene in that it would 'never approve a settlement which in any way disenfranchises patients of LSS or contravenes the letter or intent of [Chief Judge] Devine's order in Garrity.' D appealed claiming that there was a clear conflict of interest and NHLA should have been disqualified as counsel.
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