New Hampshire Lawmaker Proposed Judicial Appointment Shift
A proposed constitutional amendment seeks to transfer judicial appointment power from the executive branch to the Legislature.
Updated on Oct. 2, 2026 in Criminal Justice
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State Representative Joseph Barton has filed a constitutional amendment that would change how New Hampshire judges are selected. The move follows concerns regarding judicial oversight and the conduct of sitting Supreme Court justices.
Why it matters
The sponsor claims the current Executive Council confirmation process lacks sufficient checks and balances. The proposed change aims to increase legislative oversight through new nominating committees and public hearings.
New Hampshire currently maintains a judicial system where judges serve life terms until the mandatory retirement age of 70. This system involves the Judicial Selection Commission and the Executive Council, differing from the 20 states that use judicial elections.
The players
Joseph Barton
He is a New Hampshire State Representative serving as the primary sponsor of the proposed constitutional amendment.
Gordon MacDonald
He is the former Chief Justice of the New Hampshire Supreme Court who resigned in September 2026.
Melissa Countway
She is a New Hampshire Supreme Court Justice who faced scrutiny during an investigation by the Judicial Conduct Committee.
Patrick Donovan
He is a New Hampshire Supreme Court Justice named in documents regarding the Judicial Conduct Committee investigation.
Bryan Gould
He is a New Hampshire Supreme Court Justice identified as having exposure under rules during the judicial conduct investigation.
The details
The proposed amendment would require a three-fifths majority vote in both legislative chambers and two-thirds voter approval on a ballot. This follows revelations that Supreme Court justices issued orders to block the disclosure of an investigation into former Chief Justice Gordon MacDonald.
Timeline
Former Chief Justice Gordon MacDonald resigned in September 2026.
Democrats requested a formal statement from the Judicial Conduct Committee on October 1, 2026.
Legal Context
This proposal challenges the long-standing tradition of executive-led judicial appointments in New England. While many states across the U.S. have moved toward judicial elections, no New England states currently elect their judges.
Residents may see an increase in legislative activity and public debates concerning the impartiality of the state judiciary. The process could eventually impact citizens directly if the measure advances to a statewide ballot for a public vote.
The takeaway
The move signals a growing legislative appetite for greater control over the state's judicial branch in the wake of recent scandals. Voters should monitor legislative sessions to determine if the amendment reaches the necessary supermajority to trigger a public ballot.
Further reading
Learn more about the state's judicial oversight in Criminal Justice.
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Should your state legislature have the authority to appoint judges instead of the governor?
