By NANCY WEST, InDepthNH.org
CONCORD – New Hampshire Supreme Court Chief Justice Gordon J. MacDonald is taking a medical leave of absence, effective immediately, according to a brief statement from the court Friday morning that provided no explanation and no details about who is in charge of the court system in his absence.
MacDonald was under scrutiny when state Supreme Court Justice Anna Barbara Hantz Marconi said he told her she had the right to meet with then-Gov. Chris Sununu in June of 2024 during an investigation into her husband Geno Marconi, who was then the state Ports and Harbors director, and she was later indicted for allegedly seeking special favors because of that meeting. MacDonald denied telling her that when interviewed by investigators. Hantz Marconi pleaded no contest to the misdemeanor charge, was found guilty, fined and returned to work until she retired.
MacDonald was also under scrutiny after New Hampshire Public Radio published a report last October about him helping a favored colleague at the court Dianne Martin collect $50,000 in benefits for being laid off for two days before being hired into another judicial branch position.
Attorney General John Formella investigated the matter and determined “that the series of events and transactions examined do not warrant further review or investigation by DOJ as, at this time, there is no reasonable suspicion to believe that further investigation would uncover actionable criminal conduct. While it would be reasonable to conclude that in certain respects human resources best practices were not followed during the series of events and transactions examined, DOJ does not have oversight authority over the judicial branch for such issues. DOJ is therefore closing its review and will take no further action on this matter.”
Formella’s report also said: “Four Supreme Court Justices released a public statement on October 30, 2025, explaining that the judicial branch had been contemplating reorganization of administrative operations since 2024 and that every personnel decision taken regarding Ms. Martin was made collectively by the Supreme Court. The effective date of its administrative reorganization, Judge Keating’s appointment as Interim Director of AOC, Ms. Martin’s layoff, and her subsequent hiring as General Counsel to the Office of Bar Admissions were the sole province of the Supreme Court.”
MacDonald is known to be an avid runner and swimmer. The brief press release from the court Friday says: “Out of respect for Chief Justice MacDonald’s privacy, no additional information will be released at this time.
“The work of the New Hampshire Supreme Court will continue without interruption. Senior Associate Justice Patrick E. Donovan, Justice Melissa Countway, Justice Bryan Gould, and Justice Daniel Will remain actively engaged in preparing for the Court’s next session, with oral arguments scheduled for September 22.
“The members of the New Hampshire Supreme Court are united in wishing Chief Justice MacDonald a full and speedy recovery,” the Justices said in a joint statement,” the release said.