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 settling an ethics probe about his handling of a $50,000 payout of unused sick and vacation time to a close colleague.
“I believe this is in the best interest of the New Hampshire Judicial Branch. I accept responsibility and accountability for my conduct,” MacDonald 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.
MacDonald admitted he violated Cannon 1 Rule 1.2 that he failed to act in a manner that promotes public confidence, failed to perform duties without partiality 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.
This related to Martin being laid off for three days, being re-hired as bar counsel and receiving a $50,000 payout of accrued vacation and sick time.
MacDonald has waived further hearings in the matter and the JCC has dropped its ethics investigation. MacDonald 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 New Hampshire Public Radio story by Todd Bookman Oct. 23, 2025 that revealed the unusual Dianne Martin payout and a public statement by the high court Oct. 31, 2025 that prompted the JCC to launch its own inquiry that ended with the settlement Sept. 8.
The joint statement issued on Oct. 31, 2025, by Chief Justice Gordon MacDonald and Associate Justices Patrick Donovan, Melissa Countway and Bryan Gould in response to Bookman’s article played a role in opening the JCC complaint against MacDonald, the summary said.
“Finally, the press release issued by the Court on Oct 31, 2025 under MacDonald’s leadership did not accurately portray the process for Martin’s removal and rehire to a new position. It created the misimpression that her removal and rehire was part of a routine administrative reorganization of the AOC.
“The evidence established that there were long-standing and serious concerns about Martin’s management of the ACO. As a result, the Committee finds that there is clear and convincing evidence that MacDonald violated Cannon 2 Rule 2.3 (A) when he failed to exercise the power of administrative appointment impartially and on the basis of merit, and failed to avoid favoritism, with respect to the personnel decisions related to Dianne Martin,” the JCC summary reads.
In his concluding statements, John Mullen, chair of the JCC, conceded that a settlement deprived the public of the full scope of transparency and all the facts but said the committee believed that it was in the public’s best interest to settle, given that MacDonald agreed to resign immediately and that he did not contest any of the allegations.
A judge may only be removed by impeachment or reaching age 70 and MacDonald is 64.
MacDonald was also under public scrutiny in the criminal case involving now retired Supreme Court Justice Anna Barbara Hantz Marconi, who said MacDonald told her it was her right to speak with then-Gov. Chris Sununu during an investigation into her husband Geno Marconi, which MacDonald later denied when interviewed by investigators. Hantz Marconi pleaded no contest, but was found guilty and fined for seeking special favors from Sununu because of that conversation.
Allegations against MacDonald involving the Hantz Marconi case were not mentioned in JCC documents released Tuesday, although the JCC recently filed a complaint against Hantz Marconi after she pleaded no contest, returned to the bench and has since retired.
Last month, the JCC filed formal charges against retired state Supreme Court Justice Hantz Marconi for conversations she had while on the bench with then-Gov. Chris Sununu and PDA Chairman Steve Duprey about her husband Geno Marconi when he was the director of Ports and Harbors and under criminal investigation.
The charges and notice of hearing were posted on the JCC’s website citing Canon 1 of the Code of Judicial Conduct that states: “A judge shall uphold and promote the independence, integrity and impartiality of the judiciary and shall avoid impropriety and the appearance of impropriety.”
The charges also said, “A judge shall act at all times in a manner that promotes public confidence in the independence, integrity and impartiality of the judiciary and shall avoid impropriety and the appearance of impropriety.”
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.”
UNH Law Professor Albert Scherr said: “It’s appropriate that the Chief Justice took full responsibility and it’s sad that the underlying conduct even happened. It’s brought substantial questions as to the court’s credibility.”
JCC Stipulation: https://indepthnh.org/wp-content/uploads/2026/09/stipulation.pdf
Reporter Nancy West contributed to this report.