NH Supreme Court Chief Justice Gordon MacDonald resigns after Judicial Conduct Committee review

MacDonald said in a written statement that he had not met his responsibilities and accepted full accountability for his mistakes.

Gordon MacDonald has stepped down from the New Hampshire Supreme Court after a Judicial Conduct Committee investigation into his handling of a personnel matter in the Judicial Branch.

Gov. Kelly Ayotte said she is accepting the resignation immediately. In a written response, she said the judiciary must preserve public confidence in its fairness and acknowledged that she learned of the code violations and received MacDonald’s resignation on the same day.

The Judicial Conduct Committee said Tuesday that its case centered on MacDonald’s role in the employment of Dianne Martin, who was laid off as administrative director of the state Judicial Branch and then returned 48 hours later in a new job as general counsel to the Office of Bar Admissions. Earlier reporting said Martin was paid $50,000 in unused sick and vacation leave, along with other benefits tied to the layoff.

According to the agreement released by the committee, MacDonald admitted that he violated three parts of the Code of Judicial Conduct. Those findings included creating the appearance of impropriety, sidestepping Judicial Branch rules and procedures when he extended Martin an opportunity without using the normal hiring process, and not applying his administrative authority impartially.

MacDonald said in a written statement that he had not met his responsibilities and accepted full accountability for his mistakes. He added that resigning would protect the integrity of the court system and prevent a lengthy public proceeding that could disrupt the Judicial Branch and its staff. He also said he hoped the courts could continue their work for New Hampshire residents without further distraction.

The Judicial Branch said the Supreme Court’s associate justices were not part of the panel that approved the agreement. Spokesman David Sakowich said MacDonald had been on medical leave since July 24, and during that period the four associate justices handled the chief justice’s administrative duties for the courts. He added that the branch remained focused on serving the public and keeping court operations moving.

State court officials announced in late July that MacDonald had begun medical leave effective immediately.

The Supreme Court is next scheduled to hear oral arguments on Sept. 22.