Ayotte's pick to fill child advocate post bows out

(The Center Square) — New Hampshire Republican Gov. Kelly Ayotte’s pick to serve as the state’s Child Advocate has withdrawn her nomination following a backlash from conservatives over potential conflicts of interest.

Earlier this week, Diana Fenton, a lawyer and state Department of Education official, withdrew her nomination to lead the state’s Office of the Child Advocate, which oversees the Division of Children, Youth, and Families' and investigates abuse or neglect cases.

"After much reflection and recognition of the various parts of my life that I will bring with me to this job and the potential appearance of any possible conflicts, I will be withdrawing my name from consideration to be the director of the Office of the Child Advocate,” Fenton said in a statement to news outlets. "I very much appreciate the governor’s nomination and her staff for all their support throughout this process and wish them all the best moving forward in finding the right fit for this important position." 

The move came after a grueling Monday confirmation hearing where members of the Executive Council peppered her with questions about potential conflicts of interest and her husband's work as a family law judge. 

Many of the questions focused on sanctions imposed by the state Judicial Conduct Committee on her husband, Judge Todd Prevett, who was accused of using his judicial position to waive a records check in a guardianship case the couple were pursuing.

Other councilors questioned whether Fenton could oversee the state’s child welfare system given that she defended the state for more than two decades as an attorney.

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Fenton, who is currently chief of the governance unit in the state Department of Education, stressed her work experience and dedication to standing up for children. She said she would avoid any conflict of interest for her husband's work. 

Ayotte told reporters later Wednesday that she was unaware of Fenton's husband's sections and stood behind her decision to nominate her to oversee the state's child welfare system. 

"I've known Diana since my time going back to the Attorney General's Office," Ayotte, a former AG, told reporters. "I know Diana and her background. I was unaware of her husband’s background." 

Karen Liot Hill, the Council's lone Democrat, cited the importance of the child advocate's "critical and independent oversight role" and it was important to avoid the appearance of conflicts of interest in the agency's leadership. Liot said she appreciated Fenton's "willingness" to participate in the confirmation process and wished her well. 

"The safety of children in the state system - whether through DCYF, Juvenile Justice, or residential facilities - is a priority that is shared throughout our state - and across party lines," she said. "I remain committed to ensuring that the next Child Advocate is prepared to serve as a strong, independent advocate for New Hampshire children who are in the state system."