This is a breaking story and will be updated.
By PAULA TRACY, InDepthNH.org
CONCORD – Gordon MacDonald has resigned as Chief Justice of the New Hampshire Supreme Court.
“I believe this is in the best interest of the New Hampshire Judicial Branch. I accept responsibility and accountability for my conduct,” he wrote to Gov. Kelly Ayotte in a letter dated today, Sept. 15.
“The resignation is consistent with the terms of the Stipulation and Agreement with the Judicial Conduct Committee dated Sept. 8, 2026,” MacDonald said.
“The associate justices of the New Hampshire Supreme Court learned this morning that a specially assigned panel of justices approved a Stipulation and Agreement resolving a judicial conduct matter involving Chief Justice Gordon J. MacDonald. The current associate justices of the Supreme Court were not members of that specially assigned panel,” the high court statement reads.
“Under the agreement, Chief Justice MacDonald admitted violations of three provisions of the Code of Judicial Conduct and resigned his judicial appointment, including his position as Chief Justice of the New Hampshire Supreme Court, effective immediately.”
On Sept. 8, MacDonald offered to settle and the committee agreed.
He admitted he violated Cannon 1 Rule 1.2 that he failed to act in a manner that promotes public confidence, failed to peform duties without partiality as it related to the employment of Dianne Martin “including bypassing Judicial Branch rules” in extending her a position without a comprehensive, merit-based process required by the court and failed to avoid favoritism, according to the JCC’s Summary report of Proceedings, Findings and Recommendations pursuant to Supreme Court Rule 40.
This related to her being laid off for less than a week as assistant to MacDonald and being hired as bar counsel.
She received $50,000 in compensation.
MacDonald has waived further hearings in the matter, the JCC has dropped its ethics investigation and he has agreed to pay for legal fees incurred by the JCC who hired attorney Phil Waystack as counsel.
The summary says that it was the NHPR story Oct. 23, 2024 which revealed the unusual Dianne Martin payout and a statement by the high court that prompted the JCC to launch its own inquiry which began Nov 14 2024 and ended with the settlement Sept. 8.
Today, the Office of Governor Kelly Ayotte released the following statement from spokesman John Corbett:
“Governor Ayotte has received the resignation of New Hampshire Supreme Court Chief Justice Gordon MacDonald effective today.”
A link to the letter of resignation can be found here.
The court statement said: “Chief Justice MacDonald had been on medical leave since July 24. During that time, the four associate justices have assumed the Chief Justice’s responsibilities with respect to the administration of the courts. The Judicial Branch remains focused on carrying out its responsibilities to the public and ensuring that the work of the courts continues without interruption.”
Andru Volinsky, who opposed MacDonald’s nomination while he served on the Executive Council, delaying MacDonald’s eventual confirmation on Gov. Chris Sununu’s nomination, said: “The Governor and Council should wait until after the next election to confirm MacDonald’s replacement. Let the people choose.”
JCC Stipulation: https://indepthnh.org/wp-content/uploads/2026/09/stipulation.pdf