New Hampshire's top judge resigns amid ethics probe

(The Center Square) —  New Hampshire Supreme Court Justice Gordon MacDonald resigned on Tuesday following an investigation into claims that he violated the state's code of judicial conduct by helping a favored employee get a payout. 

In a letter to Gov. Kelly Ayotte, MacDonald said he is "voluntarily" stepping down from the bench as part of an "agreement and stipulation" by the New Hampshire Judicial Conduct Committee that is conducting the investigation. 

"I believe this is in the best interests of the New Hampshire Judicial Branch," MacDonald, 64, wrote in the one-page letter. "I accept responsibility and accountability for my conduct.  It has been an honor to serve the people of New Hampshire." 

MacDonald admitted to violating three sections of the state’s Code of Judicial Conduct, according to an order by the New Hampshire Supreme Court, released simultaneously with his resignation letter. 

In July, MacDonald abruptly announced that he was stepping away from the bench on "medical leave" without offering any explanation. 

The move came after criticism by state lawmakers on MacDonald's handling of the case of fellow Supreme Court Justice Anna Barbara Hantz Marconi, who was charged after attempting to influence former Gov. Chris Sununu to intervene in a criminal investigation involving her husband. Hantz Marconi was sentenced in October after signing a plea agreement that required her to pay a $1,200 fine.

More from this section

How much does memory care cost in New Hampshire?

Vacation Homes Make Up 10.1% of New Hampshire Housing, 3rd Most in the U.S.

Coldest Septembers in New Hampshire since 1895

MacDonald has been under scrutiny after a published report last October detailing how he helped colleague, Dianne Martin, cash out $50,000 in accrued benefits after she was laid off and then immediately rehired to another position two days later. 

The stipulation agreement said MacDonald admitted he violated judicial conduct by his "actions concerning the employment and performance" of Martin and "failed to perform his administrative duties competently and diligently." 

"Chief Justice MacDonald failed to exercise the power of administrative appointment and partially, and on the basis of merit, and failed to avoid favoritism," the committee wrote in its report. 

MacDonald served as New Hampshire's Attorney General until 2017 when he was tapped by then-Gov. Sununu to serve on the state's highest court. In 2019, Sununu nominated MacDonald for chief justice, but it was rejected by Democrats who controlled the Executive Council. Two years later, a GOP-controlled Executive Council approved his nomination as chief justice. He took over the top judicial post in 2021.

The committee said it will refer the matter to the New Hampshire Supreme Court for approval of the settlement agreement and for consideration of any sanctions against the former chief justice.