By NANCY WEST, InDepthNH.org
CONCORD – Five Superior Court judges filling in for the recused state Supreme Court have suspended Associate Justice Anna Barbara Hantz Marconi from the practice of law in New Hampshire while she is on administrative leave from the high court.
The order was made public Thursday morning as Hantz Marconi awaits arraignment next month on separate criminal charges alleging she tried to improperly influence Gov. Chris Sununu to interfere with a criminal investigation by Attorney General John Formella into her husband, Geno Marconi, himself suspended – and now indicted – as the director of the Division of Ports and Harbors within the Pease Development Authority.
The order involving Hantz Marconi’s license to practice law was initiated by the Attorney Discipline Office Oct. 21 citing the indictments against her. She has been on paid administrative leave since July 25.
On Oct. 17, the court extended the administrative leave pending further development in her criminal case.
Hantz Marconi had already filed a motion agreeing to the temporary suspension from law practice which was granted Thursday by retired Superior Court Chief Justice Tina Nadeau and the four sitting Superior Court justices who are filling in for the Supreme Court justices, including Chief Justice Gordon MacDonald.
Hantz Marconi’s lawyer Richard Guerriero’s motion originally seeking to recuse MacDonald said Hantz Marconi is innocent of any crime because MacDonald told Hantz Marconi before her June 6 meeting with Sununu that it was her right as a constituent to complain to Sununu about the investigation.
The Geno Marconi investigation included a secret grand jury. His indictments were made public the day after his wife’s were released to the public.
“Pursuant to Supreme Court rule 37 (9)(i), when an attorney is charged with any felony, the court shall take such action as it deems necessary, including but not limited to the suspension of an attorney,” according to Thursday’s order. The ADO’s filing recommended an interim suspension for Hantz Marconi.
The following Superior Court judges concurred with Nadeau: Superior Court Chief Justice Mark Howard, Justice David Ruoff, Daniel St. Hilaire and Michael Klass. They have been assigned to sit in place of MacDonald, Supreme Court Senior Associate Justice James P. Bassett, Supreme Court Associate Justice Patrick E. Donovan, and Supreme Court Associate Justice Melissa B. Countway, who have recused themselves, and Hantz Marconi, who is on administrative leave.
Hantz Marconi is charged with attempt to commit improper influence, a felony, criminal solicitation (improper influence), also a felony, and misdemeanors official oppression criminal solicitation, obstructing government administration and two counts of criminal solicitation. The charges stem from her conversations with Sununu and Steve Duprey, chairman of the Pease Development Authority.
Guerriero’s motion said Hantz Marconi is innocent of any crime because she first asked MacDonald if she could speak with Sununu about her husband’s investigation.
“Justice Hantz Marconi did meet with Governor Sununu on June 6, 2024. The meeting was entirely lawful and proper,” Guerriero wrote.
Guerriero said MacDonald will likely be a material witness in the criminal case against Hantz Marconi.
“One of the key facts demonstrating that the meeting was lawful and proper is that Justice Hantz Marconi communicated with Chief Justice MacDonald prior to meeting with Governor Sununu.
“Justice Hantz Marconi explained to Chief Justice MacDonald that she was considering requesting a meeting with the Governor. The Chief Justice’s response was, ‘I think you can do that – You are a constituent and have concerns.’ Justice Hantz Marconi understood this comment to confirm her view that she had the right to seek to address the Governor, just as any other citizen would have that right,” Guerriero wrote.
Sununu declined to answer any questions Wednesday related to the June 6 meeting he had with Hantz Marconi citing the pending court case and said he was not even sure if he would be called to testify in any trial.
Hantz Marconi was placed on administrative leave by the Court on July 25.
On Oct. 16, Attorney General Formella announced indictments against Hantz Marconi relative to that conversation with Sununu and another she allegedly had with Steve Duprey, Sununu’s appointee as chairman of the Pease Development Authority.
Authorities have been tight-lipped about the allegations against the Marconis and Bradley Cook of Hampton to the point of identifying some people in the indictments by initials only.
Geno Marconi was indicted for tampering with witnesses and informants by purposely retaliating against a witness or informant by allegedly providing confidential motor vehicle records pertaining to N.L. to another individual B.C. April 4 in violation of the Driver Privacy Act.
N.L. is believed to be Neil Levesque, the vice chairman of the Pease Development Authority. And B.C. is believed to be Bradley Cook, a longtime friend of Geno Marconi’s who has spoken publicly in his favor.
Geno Marconi was also indicted for allegedly falsifying physical evidence by altering, destroying concealing or removing something to hinder an investigation by deleting a voicemail/and or voicemails from a phone on April 22.
Bradley Cook of Hampton, the chairman of the Division of Ports and Harbors Advisory Council, was indicted for perjury and false swearing. The felony charge alleges Cook made a false material statement while testifying before a grand jury Sept. 4 that he did not communicate with/and or receive materials from Geno Marconi relating to the pier permit of N.L.
Hantz Marconi is scheduled to be arraigned in Merrimack County Superior Court Nov. 21 and Geno Marconi and Bradley Cook are set to be arraigned Nov. 27 in Rockingham County Superior Court.
