By NANCY WEST, InDepthNH.org
CONCORD – State Supreme Court Justice Anna Barbara Hantz Marconi is looking forward to getting back to work, according to her lawyer Richard Guerriero, after all seven original criminal charges against her were dismissed Tuesday, and she was found guilty of one new charge in a plea agreement.
Hantz Marconi, 69, of Stratham, pleaded no contest, admitting no guilt but conceding the state had enough evidence to convict her of the new charge, Criminal Solicitation of Misuse of Position, a class B misdemeanor.
The plea deal involves no jail time and she was ordered to immediately pay a $1,200 fine.
The charge differs from some of the dismissed indictments, saying that during a meeting she had with then-Gov. Chris Sununu in June 2024, Hantz Marconi was seeking information about the criminal investigation into her husband, Ports and Harbors Director Geno Marconi. Some of the dismissed charges alleged she was trying to improperly influence that investigation. Sununu, who was to be the “star witness” in her trial, told investigators she did nothing illegal in the meeting.
Supreme Court Chief Justice Gordon MacDonald, who had also been subpoenaed to testify at Hantz Marconi’s trial next month, issued an order Tuesday with the three other justices that in light of the resolution of the case against her, the court’s previous orders on her administrative leave were rescinded.
“Should she be reinstated to the practice of law in case no. LD-2024-0014, In the Matter of Anna Barbara Hantz Marconi, Esquire, Justice Hantz Marconi may resume her judicial duties at the court,” MacDonald’s order said.
Supreme Court Justices Patrick Donovan, Melissa Countway, and its newest member Bryan Gould concurred.
“Justice Hantz Marconi entered a no contest plea to one new charge, a Class B Misdemeanor, the lowest level of misdemeanor under New Hampshire law. She paid a fine. No other punishment was imposed,” Guerriero wrote in a news release after the plea hearing in Merrimack County Superior Court in Concord.
“The Attorney General’s Office agreed that the Class B Misdemeanor is not a serious crime because it does not involve interference with the administration of justice, false statements, bribery, extortion, or other serious criminal conduct,” Guerriero wrote.
The Attorney General’s Office also agreed that no other charges would be filed against her, thus ending this case. “Justice Hantz Marconi entered a no contest plea because she continues to disagree with the Attorney General’s characterization of her actions,” Guerriero wrote.
Hantz Marconi was trying to avoid a “spectacle and possible damage of a trial involving testimony by New Hampshire Supreme Court Justices and other state officials. Justice Hantz Marconi is very comfortable that she has made the best decision for herself, her family, and the State of New Hampshire. She looks forward to getting back to work,” Guerriero wrote.
Judge Martin Honigberg questioned Hantz Marconi at the brief plea hearing about whether she was knowingly entering the agreement. She said she was, answered a few more questions and left the courtroom without commenting. The small courtroom was filled with reporters and her supporters.
Hantz Marconi had claimed that her boss, Chief Justice MacDonald, told her she had a right to meet with Sununu before she set up the meeting, but MacDonald denied that when he was interviewed by investigators.
Attorney General John M. Formella, who also had been subpoenaed to testify at her trial along with Sununu and MacDonald, called it “a sad and unfortunate case that reflects a serious breach of the public trust. Justice Hantz Marconi was an Associate Justice of the New Hampshire Supreme Court when she arranged for a private meeting with the Governor and then sought to obtain special treatment regarding an active criminal investigation involving her husband,” Formella said in a written statement. “That conduct was unlawful and unethical, and it undermines confidence in our criminal justice system. Today’s conviction holds her accountable under the law.”
“Judges have special ethical responsibilities, including to obey the law; to promote public confidence in the independence, integrity, and impartiality of the judiciary; to avoid impropriety and the appearance of impropriety; and to not abuse the prestige of their office to advance the personal interest of themselves or others,” added Formella. “The State of New Hampshire takes seriously its responsibility to uphold the rule of law and ensure accountability at every level of public service. This outcome reinforces a core principle of our justice system: no one is above the law – not even a Justice of the Supreme Court,” Formella wrote.
Geno Marconi, 74, has entered a not guilty plea to charges currently pending against him in the Rockingham County Superior Court in Brentwood. Last week, Judge David Ruoff delayed his trial until mid-February 2026 because the same two attorneys general, Joe Fincham and Dan Jimenez couldn’t handle both cases that had been scheduled for trial at about the same time in November.
UPDATE: On Wednesday morning after Justice Anna Barbara Hantz Marconi’s case ended, Geno Marconi’s lawyer asked that his trial be scheduled for early next month as originally set.
Geno Marconi was indicted for allegedly falsifying physical evidence by deleting a voicemail/and or voicemails from a phone on April 22, 2024. He was also indicted for allegedly retaliating against Pease Development Authority Board Vice Chairman Neil Levesque by providing confidential motor vehicle records pertaining to Levesque to Bradley Cook, in violation of the Driver Privacy Act.