By NANCY WEST, InDepthNH.org
CONCORD – Executive Councilor Karen Liot Hil questioned Attorney General John Formella about the state arguing before the New Hampshire Supreme Court when concerns have been raised since the chief justice resigned after he admitted ethical lapses, and three of the remaining justices may still be under scrutiny.
At first, Republican Gov. Kelly Ayotte interrupted Liot Hill, a Democrat from Lebanon, during Friday’s special Governor and Executive Council meeting saying her questions had nothing to do with the brief agenda, according to the official recording of the meeting on the Secretary of State’s website.
The special meeting was called to deal with health insurance for state retirees and after that matter was taken care of, Liot Hill said her questions were relevant since the council deals with contracts worth millions of dollars that can end up in Superior Court and even the state Supreme Court.
Liot Hill asked Formella: “Do you have concerns right now about appearing before the Supreme Court when there are three Supreme Court justices who are potentially implicated in the unethical conduct that resulted in the Supreme Court chief justice’s resignation?”
Ayotte tried to stop her questions saying they weren’t relevant to the council’s agenda.
“I’m asking a fair question,” Liot Hill insisted.
Ayotte said Liot Hill could raise the issue in plenty of forums, but not at the council meeting.
“I don’t think this has anything to do with the matter before you,” Ayotte told Liot Hill, who responded: “It absolutely does.”
Ayotte said: “I’m telling you we’re going to talk about the matters before us today and not have a whole discussion about things that are not relevant to the one item we have on our agenda today.”
Liot Hill said it was a disservice to the public that Formella wasn’t answering her question about whether he had concerns arguing cases in front of the state Supreme Court at this time.
Formella finally said: “We’ll continue to do our jobs, councilor. That’s what I have to say.”
Democratic legislative leaders spoke out earlier in the week asking the Judicial Conduct Committee to publicly state whether three of the remaining justices are being investigated, but Republicans have mostly been silent on the issue.
“The public deserves clarity about whether sitting members of New Hampshire’s Supreme Court are currently the subject of judicial conduct investigations. We are calling on the Judicial Conduct Committee to use its authority under Rule 40 to disclose whether any such investigations are pending and, if so, provide their status and an expected timeline for completion. Continued uncertainty is already affecting court proceedings and risks undermining public confidence in the administration of justice,” said House Minority Leader Alexis Simpson and Senate Minority Leader Rebecca Perkins Kwoka in a joint statement.
Gordon MacDonald, 64, resigned as chief justice on Sept. 15 admitting he violated the Code of Judicial Conduct by not being impartial in helping colleague Dianne Martin obtain a $50,000 payout of her accrued benefits. Records show she was first fired as director of the Administrative Office of the Courts, then had her status changed to a layoff for a couple of days before being rehired as the director of Bar Admissions.
The Judicial Conduct Committee also found MacDonald violated the Code of Judicial Conduct by releasing a public statement about the “characterization, processing and public explanation” of Dianne Martin’s removal and reappointment. The statement characterized it as a court reorganization to save taxpayers money. Three other justices signed off on the statement.
The item for the special meeting Friday passed. It was to authorize the Department of Administrative Services to amend and extend for one year the existing contract with Anthem Health Plans of New Hampshire, Inc. to make sure 11,000 state retirees continue to receive health care benefits.
The amendment and extension cost the state an additional $57.8 million and will increase the retiree share of premium payments by $18 dollars a month.