By PAULA TRACY, InDepthNH.org

CONCORD – Superior Court Judge Daniel E. Will, 59, of Loudon was confirmed to the New Hampshire Supreme Court, replacing the retiring Anna Barbara Hantz Marconi who retired at the age of 70.

The vote was 4-1 with Executive Councilor David Wheeler, R-Milford, casting the lone dissenting vote.

During a four-hour public hearing last week, most of those who testified supported the nomination while some had concern about his support for the Constitution and a position he took COVID 19 as the state’s solicitor in support of former Gov. Chris Sununu’s decision to limit public gatherings.

Wheeler voted against the confirmation saying that Judge Will said that the constitution “could be suspended” in the time of COVID 19.

He said Will should have known that did not apply to New Hampshire and that the case he cited was overturned three years before. He either did not know “or was being dishonest,” Wheeler said.

Another group at the hearing claimed Will was only doing his job. Wheeler said he disagreed.

The third group of people who attended the hearing didn’t care about the suspension of the Constitution and he said those were the most dangerous people.

Executive Council Karen Liot Hill, D-Lebanon, said she would support the confirmation noting the decision might be the most important that she makes as a councilor this year.

Based on his record and testimony she said she believes he will serve the people with integrity.

Executive Councilor John Stephen, R-Manchester, said his decision to support the nomination followed weeks of rigorous review of Judge Will’s legal writings, judicial record and his testimony before the Executive Council on February 6.

“As a Superior Court Judge, Daniel Will has demonstrated an unwavering devotion to the New Hampshire Constitution and the rule of law. In case after case, he has sided with civil liberties and individual rights over government overreach — without fail. He has suppressed drug evidence when police violated constitutional protections. He has denied the government inspection warrants, excessive enforcement authority, and restitution orders that exceeded the scope of the law. His judicial record is one of a judge who takes the Constitution seriously.” He then cited a number of cases.

“I have received hundreds of emails, phone calls, and letters regarding this nomination — many expressing deep concern about Judge Will’s role as Solicitor General in defending the Governor’s emergency orders during COVID-19 in Binford v. Sununu,” said Councilor Stephen.

“Those concerns are justified. The restrictions imposed during the pandemic affected the fundamental rights of every person in this state, and the citizens of New Hampshire have every right to expect that their next Supreme Court Justice will stand up to protect these rights and I am confident that Judge Will will do just that.”

At his February 6 hearing, Judge Will confirmed that textualism — strict adherence to the plain meaning of constitutional and statutory text — is his guiding judicial philosophy, and that the New Hampshire Constitution is “the fundamental charter of our state” that “stands independent.”

Judge Will stated unequivocally that “the Constitution can never be suspended” and that precedent “can’t be a straitjacket” that enshrines legally incorrect decisions.

Stephen said when asked about Doe v. Manchester School District, in which a school refused to tell a mother her child was going by a different name, Judge Will stated that such a policy “would” implicate the mother’s fundamental rights. Earlier in the same hearing, he had already confirmed that fundamental rights trigger strict scrutiny — “the highest level of constitutional review there is.” The constitutional conclusion follows necessarily from the premises he stated on the record.

“I have no doubt that as a Justice, Daniel Will will defer to the text of the Constitution first,” Councilor Stephen said. “He will serve our state and our citizens well, and he will faithfully apply the Constitution of the State of New Hampshire. That is the standard I hold every judicial nominee to, and Judge Will meets it.”

Will received strong support from across the state’s legal community during his public hearing and in letters to the council, including endorsements from retired Supreme Court Chief Justice Bob Lynn, and Attorney General John Formella.

“The role of the Executive Council is to conduct a thorough and independent evaluation of every nominee,” Councilor Stephen concluded. “I have done that here. I have reviewed Judge Will’s judicial orders, examined his testimony under oath, and listened carefully to the concerns of my constituents. The evidence is clear: Judge Will is a textualist who will faithfully interpret the New Hampshire Constitution and protect the rights of our citizens. I am confident in this vote.”

Executive Councilor Joe Kenney, R-Wakefield, agreed and said he was sure that Will will do a good job.

Executive Councilor Janet Stevens, R-Rye, said Judge Will will never argue to abandon the Constitution, and his record on the Superior Court shows that. She said she had initial concerns and they were addressed in her research.
Gov. Kelly Ayotte thanked the council for their time and effort on the nomination.

“I know it has taken a lot of time,” she said after the vote.

LUCY LANGE CONFIRMED AS COMMISSIONER OF BUSINESS AND ECONOMIC AFFAIRS

Lucy Lange of Bedford was unanimously confirmed as the commissioner for the state Department of Business and Economic Affairs, replacing Taylor Caswell of Littleton, whose nomination for a third term was withdrawn by the governor following a lack of support for the nomination among the five-member council.

Kenney said he is confident Lange will be successful and a constructive partner to the business community and government.

Stephen also agreed and called her a “great choice.”

Liot Hill said she supported the nomination and was hopeful for her leadership and appreciated her answers and knowledge of some of the more rural areas of her district.

Ayotte issued a statement following the confirmation.

“We need to think creatively about how we market New Hampshire to businesses looking to grow, and Lucy Lange brings a fresh perspective to help the BEA tell that story,” said Ayotte said.

“I’m proud to see her confirmed today, and I look forward to working together to attract new talent and opportunities to our state from Massachusetts, Canada, and beyond,” Ayotte said.

Lange said after the vote: “It’s an honor to be confirmed by the Executive Council to lead our state’s economic development efforts.”

“I am ready to hit the ground running alongside Governor Ayotte, the Council, and the hardworking team at the BEA to promote growth opportunities in every corner of our state, uplift our business community, and showcase why New Hampshire is a beacon of economic opportunity for New England and our nation.”

Lange brings to the BEA 20 years of experience in business development, marketing, and building strong community partnerships. She currently serves as President of Manchester Media Group.

GOVERNOR NOMINATES TO COMMISSIONER OF TRANSPORTATION

David Rodrigue, assistant commissioner of the state Department of Transportation, has been nominated by the governor to be commissioner of DOT, replacing the retiring William Cass.

MUSICAL “COUNTRY ROADS” AND BRIDGES FOR CASS AND COMMENDATION

Councilor Liot Hill offered a musical tribute to the retiring Commissioner of Transportation William Cass who is leaving his position to retire after 40 years of state service.

She played John Denver’s “Country Roads” and had members of the council and audience join her in the chorus and then said she decided against “Highway to Hell” as a second song and instead played Simon and Garfunkel’s “Bridge Over Troubled Water.”

Ayotte offered a commendation to Cass and his wife, Holly of Laconia. He rose from a civil engineer following his education at the University of New Hampshire and advanced the department’s mission and led major construction projects. Ayotte said he offered “steadied, principled leadership” and possesses the highest ideals of public service.

FOREST SOCIETY HONORED FOR 125 YEARS

Jack Savage, president of the Society for the Protection of NH Forest was on hand to accept a commendation to the organization for its 125 years. Ayotte said it has played a central role in helping to protect more than 1 million acres of open space and safeguarding it for wildlife, woods and water.

There are more than 10,000 members making it among the largest environmental organizations in the state. Ayotte lauded the Forest Society for its conservation, education and land stewardship.

STEWART RESIGNATION

The council accepted the resignation of Sarah Stewart as the Commissioner of the state Department of Natural and Cultural Resources.

Liot Hill said over the past eight years she led a department which had a broad reach and made significant progress for the arts, historic preservation and the creative economy and guided important investment in parks.

The resignation, which was moved up from the expected date of June, 2026, was brought on at the request of the governor following reports last week that officials for Historic Resources knew that the Trump Administration was considering the development of an ICE detention facility in Merrimack but failed to tell Stewart or the governor of that inquiry after the governor said she had not received any information from Trump.

Adam J. Crepeau of Gilford was confirmed as the interim DNCR commissioner. He has been assistant Commissioner of the Department of Environmental Services. He was lauded for finding efficiencies and streamlining permitting.