New Hampshire AG Rules Justices Remain Qualified

Attorney General John Formella finds no legal grounds to disqualify three Supreme Court justices amid an ethics report.

Updated on Oct. 21, 2026 in Criminal Justice

New Hampshire AG Rules Justices Remain Qualified

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Should officials remain in their positions while ethical questions regarding their conduct remain unresolved?

New Hampshire Attorney General John Formella stated that no legal basis exists to disqualify three state Supreme Court associate justices following a Judicial Conduct Committee report. The findings center on the personnel practices of former Chief Justice Gordon MacDonald.

Why it matters

The review stems from concerns regarding a high-level hiring maneuver that drew scrutiny for its use of state funds. Clarifying the status of the remaining justices is intended to resolve questions surrounding judicial integrity in the state.

A 121-page report detailed the findings of the Judicial Conduct Committee. The investigation follows a personnel move where an official was rehired 48 hours after removal.

The players

John Formella

John Formella is the Attorney General of New Hampshire who serves as the state's chief law enforcement officer.

Gordon MacDonald

Gordon MacDonald is the former Chief Justice of the New Hampshire Supreme Court who resigned following the committee report.

Dianne Martin

Dianne Martin is the former director of the Administrative Office of the Courts whose hiring process was investigated.

Patrick Donovan

Patrick Donovan is an associate justice of the New Hampshire Supreme Court who supported the personnel actions.

Melissa Countway

Melissa Countway is an associate justice of the New Hampshire Supreme Court who supported the personnel actions.

The details

The controversy involved the removal of Dianne Martin from her role as director of the Administrative Office of the Courts and her subsequent rehiring 48 hours later. Associate justices Patrick Donovan, Melissa Countway, and Bryan Gould previously released a joint statement claiming the re-hiring process aligned with standard practice.

Timeline

  1. October 21, 2026: Attorney General John Formella addressed the Executive Council regarding the justices.

Legal Context

This situation follows the findings of the 2026 Judicial Conduct Committee report on Supreme Court practices, which has prompted intense scrutiny of state judicial personnel procedures. The ruling by the Attorney General marks the current legal stance on the composition of the court.

The resolution of this issue impacts public confidence in the state's highest court and its administrative transparency. Residents can expect the court to continue its normal operations following the Attorney General's determination.

The takeaway

This case highlights the importance of transparent personnel practices in state judicial administration. Clear ethical guidelines remain essential for maintaining public trust in the functions of the judiciary.

Further reading

For more information on state court procedures, visit the New Hampshire Criminal Justice section.

Source note: This article includes information reported by WMUR9.

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Should officials remain in their positions while ethical questions regarding their conduct remain unresolved?