In an unprecedented move, all justices of the New Hampshire Supreme Court have recused themselves from a disciplinary case involving one of their own, Justice Anna Barbara Hantz Marconi, who was recently indicted on seven counts, including felonies related to improper influence and criminal solicitation—Misdemeanor charges include allegations of misuse of position and obstructing government administration.

Following the indictment, the New Hampshire Attorney Discipline Office recommended suspending Hantz Marconi’s right to practice law. Typically, this decision would fall to her Supreme Court colleagues.

However, in a step towards impartiality, each justice recused themselves, prompting the clerk of the Supreme Court to select temporary justices from the superior court level to oversee the proceedings. A list of 22 potential replacements, including three retired judges, has been drawn, and selections will be made randomly. If no superior court judge is available, the clerk may turn to district judges to ensure fair representation.

Hantz Marconi’s attorney maintains her innocence, stating that a meeting between her and Governor Chris Sununu in June was “entirely lawful” and intended solely as a constituent concern regarding her husband, Geno Marconi, who currently faces charges for alleged misuse of confidential information. The defense claims Chief Justice Gordon MacDonald was consulted before the meeting and approved it based on her standing as a constituent.

Justice Hantz Marconi has served on the New Hampshire Supreme Court since 2017. This situation underscores the importance of transparency and accountability at all levels of the judiciary. As the court and officials address these developments, the New Hampshire judicial system demonstrates its commitment to impartiality and due process, reminding us of the ethical standards that uphold public trust.

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