New Hampshire Supreme Court Justice Resigns After $50K Scheme Revealed - Newsweek

Conservative New Hampshire Supreme Court Chief Justice Gordon MacDonald resigned Tuesday after admitting he violated the state's judicial code of conduct, ending a five-year tenure that collapsed under an ethics investigation into a personnel move that netted a top ally nearly $50,000.

MacDonald, 64, sent his resignation to Republican New Hampshire Governor Kelly Ayotte on Tuesday morning, ending his tenure as chief justice effective immediately.

"I believe this is in the best interests of the New Hampshire Judicial Branch," MacDonald wrote. "I accept responsibility and accountability for my conduct."

Newsweek reached out to MacDonald and the New Hampshire Supreme Court for comment on Wednesday.

The resignation was part of an agreement MacDonald reached with the state's Judicial Conduct Committee, an independent panel of judges and lawyers that investigates allegations of misconduct by state judges.

Under the agreement, dated September 8, MacDonald admitted to violating three parts of the state's Code of Judicial Conduct. He agreed to resign rather than challenge the findings at a public hearing.

The case focused on MacDonald's role in the departure and rehiring of Dianne Martin, a longtime Judicial Branch employee who had worked with MacDonald both at the Supreme Court and when he was New Hampshire attorney general. Martin was laid off last year and rehired 48 hours later in a different role. That brief gap allowed her to collect nearly $50,000 in unused sick and vacation benefits.

New Hampshire Public Radio first reported the arrangement in October 2025, after a whistleblower alleged that MacDonald had helped orchestrate the payout. The Judicial Conduct Committee opened its inquiry the following month.

According to records released Tuesday, the committee found that MacDonald failed to "promote public confidence" in the judiciary, failed to perform his duties competently, and failed "to avoid favoritism with respect to the removal of Dianne Martin" from her position.

The committee's report said MacDonald's removal from the bench, not simply his discipline, was central to its findings.

"The JCC determined that if MacDonald were allowed to retain his judicial commission, even while suspected, it would run counter to these important constitutional principles," the report stated. "Thus, the certainty that he would no longer hold a position of public trust was of paramount concern to the JCC."

A review by the New Hampshire attorney general's office last November found no evidence of criminal wrongdoing, but concluded that the personnel maneuvers involving Martin did not follow "human resources best practices."

After NHPR first reported on the case, the Supreme Court's justices issued a public statement defending the personnel changes. They said the moves followed “standard personnel policies” and were part of a broader reorganization to cut costs. Justice Anna Barbara Hantz Marconi did not sign the statement.

Records later showed that the court quickly filled Martin's former position and moved her into another job that was already staffed, even as the Judicial Branch was under a hiring freeze.

New Hampshire House lawmakers also considered opening their own investigation into MacDonald earlier this year, but tabled the resolution.

Ayotte said she was “extremely disappointed” by the violations in a statement confirming she had received MacDonald's resignation.

“It is essential that the Judicial Branch maintain the public's trust in its mission to impartially adjudicate matters brought in front of the courts. I am extremely disappointed to learn today of the former Chief Justice's violations of the Judicial Code of Conduct, and I received his resignation this morning," she said.

"The Judicial Branch remains focused on carrying out its responsibilities to the public and ensuring that the work of the courts continues without interruption."

David Sakowich, a spokesperson for the branch, said the four remaining justices had assumed MacDonald's administrative duties since his medical leave began in late July.

MacDonald was appointed chief justice in 2021 by then-Governor Chris Sununu, a Republican, after serving four years as the state's attorney general. He previously worked in private legal practice and was active in New Hampshire Republican politics. MacDonald grew up in the Hanover area, attended Dartmouth College, and received his law degree from Cornell University.

His departure gives Ayotte an opportunity to appoint her third Supreme Court justice since taking office last year. Any nominee would require approval from the five-member Executive Council. It remains unclear how quickly Ayotte will move to name a replacement. She is up for reelection on November 3.

Resignations by sitting state supreme court chief justices over admitted ethics violations remain unusual, though ethics complaints against state high court judges are far more common than the public record typically reflects.

In 2023, the Colorado Supreme Court publicly censured former Chief Justice Nathan Coats for approving a contract with a judicial employee who had falsified reimbursement requests. Earlier this year, a report on Arkansas Chief Justice Karen Baker found she had intimidated court staff.

Contact Newsweek editors on this story: Jason Lemon and Sam Wilson.