MacDonald resigns from NH Supreme Court amid judicial misconduct allegations

Chief Justice Gordon MacDonald resigned from his position on the New Hampshire Supreme Court Tuesday, the governor’s office announced, amid allegations of judicial misconduct and an unexplained medical leave.

In October, New Hampshire Public Radio reported that Dianne Martin, a MacDonald ally, had received nearly $50,000 by completing an unusual personnel maneuver. Martin had been MacDonald’s chief of staff in his previous role as New Hampshire’s attorney general. As Supreme Court chief justice a few years later, MacDonald and his colleagues recruited Martin to lead the court’s administrative office. Before she accepted the role, however, Martin was laid off from state government for about 48 hours before being immediately rehired into her new role. The highly unusual move, which was orchestrated by MacDonald, according to NHPR’s reporting, allowed her to collect almost $50,000 for unused vacation, sick time, and other benefits. State policy typically prohibits employees from receiving any accrued benefits when transitioning between roles.

Also on Tuesday, the New Hampshire State Judicial Conduct Committee, which had been investigating the issue since November, reported that MacDonald admitted to violating three provisions of the Judicial Code of Conduct. According to the Judicial Conduct Committee, MacDonald “failed to avoid favoritism with respect to the removal of Dianne Martin,” “failed to act in a manner that promotes public confidence in the impartiality of the judiciary,” and “failed to avoid the appearance of impropriety.” The committee ruled that formal disciplinary measures were appropriate but because MacDonald resigned, “no additional disciplinary action is available.”

In his resignation letter, MacDonald wrote: “I believe this is in the best interests of the New Hampshire Judicial Branch. I accept responsibility and accountability for my conduct.” He wrote in a separate statement that he takes “full responsibility for my shortcomings,” and that “to maintain the integrity of the judicial branch and to avoid the protracted and disruptive spectacle a public hearing would cause to the judicial branch and its dedicated employees, I have agreed to resign my position.”

Meanwhile, MacDonald has been on medical leave since July. Neither MacDonald nor the judicial branch provided an explanation for the leave.

MacDonald, 64, was appointed to the court by former Gov. Chris Sununu in 2021. He was also the state attorney general from 2017 to 2021. He’s a Dartmouth College and Cornell University alum.

His resignation opens a seat on the bench for Ayotte to nominate his successor. Unless she loses November’s general election before she can announce and have her nominee confirmed, this will be her third pick for the Supreme Court. In March, Ayotte appointed Daniel Will to the court and in 2025, she appointed Bryan Gould.