The slate of criminal indictments handed down last week against New Hampshire Supreme Court Justice Anna Barbara Hantz Marconi will likely keep her off the bench for the foreseeable future.
But whether she will ever sit again on the state’s highest court remains unclear. The Legislature has the power to remove her from the court, and the Judicial Conduct Commission could discipline her, as well. But any possible punishment levied against Hantz Marconi is likely to play out after her criminal case runs its course — which could take months to play out. Her term is set to expire in February 2026, when she turns 70.
The unusual nature of Hantz Marconi’s case — a current supreme court justice facing criminal charges — has raised lots of questions. Here’s an overview of what we know.
What is Hantz Marconi accused of?
Hantz Marconi is accused of seeking to interfere in an investigation into her husband, Geno Marconi, the state’s longtime director of the Division of Ports and Harbors, who was recently indicted for alleged witness tampering, retaliation and other charges. Prosecutors say she allegedly contacted Gov. Chris Sununu in June and asked him to bring the inquiry to a swift conclusion. Sununu appointed Hantz Marconi to the bench in 2017.
Court filings also allege that Hantz Marconi contacted Steve Duprey, who helps oversee the state’s ports as chair of the Pease Development Authority, in April. (Duprey is a member of NHPR’s Board of Directors, but has no influence over the station’s coverage.)
In July — well before the charges against Hantz Marconi were made public — she was placed on administrative leave by her fellow justices, with no explanation given. In the months prior to her suspension, Hantz Marconi recused herself from all cases before the Supreme Court that involved the New Hampshire Attorney General’s office, citing an ongoing investigation into her husband.
Hantz Marconi has denied she violated any New Hampshire rule or law in her communications with Sununu, and through her attorney said she will fight the criminal charges.
Sununu has declined to say publicly whether he alerted prosecutors to the alleged conversation with Hantz Marconi referenced in her indictment, nor has he said if he testified before a grand jury. He told WMUR last week that he views the charges against Hantz Marconi as “incredibly serious,” but Sununu has declined to say if he believes she should step down from the bench.
Could Hantz Marconi be forced to resign her seat?
Hantz Marconi is now facing the prospect of a felony conviction, which could result in a lengthy jail sentence. But she could also face disciplinary proceedings by the New Hampshire Legislature. That could come in two different forms.
State lawmakers could pursue an impeachment of Hantz Marconi, which would start with an investigation by the House and the filing of charges. There would then be a trial by the Senate, with a final vote to determine her removal from office. The New Hampshire Constitution reserves impeachment for only a specific set of conduct, including "bribery, corruption, malpractice or maladministration, in office.”
The last time the Legislature impeached a public official was in 2000, when state Supreme Court Justice David Brock was accused of failing to act when a fellow judge attempted to exert influence over the handling of a divorce case. Brock was impeached by the House, but was acquitted by the Senate.
If New Hampshire lawmakers decline to pursue an impeachment case against Hantz Marconi, there is another avenue they can take to prompt her removal: filling a Bill of Address.
Under that process, lawmakers in both chambers could pass an “address” that advises the governor and Executive Council to remove Hantz Marconi from office.
In 2008, lawmakers sought to remove Superior Court Judge Patricia Coffey from her seat after she helped her husband move assets into a trust to shield them from possible seizure. Critics said while Coffey’s conduct didn’t rise to an impeachable offense, her removal was necessary for the “public good.” Coffey ultimately resigned from her post before the legislation reached a floor vote.
Who judges the judges?
Judges in New Hampshire are nominated by the governor and confirmed by the Executive Council, as opposed to being elected by voters, as they are in some other states.
When a New Hampshire judge is accused of misconduct, the state’s Judicial Conduct Committee can investigate and ultimately recommend disciplinary actions. Any penalties levied by the committee, including suspensions from the bench, must be approved by the state Supreme Court.
But according to Robert Mittelholzer, the committee’s executive secretary, they don’t have the power to remove a judge from their post.
“The removal of a judge is a function of the Legislature,” Mittelholzer told NHPR.
He said he was not able to comment on any proceedings involving Hantz Marconi at this time.
The committee’s members include people appointed by the governor’s office, the New Hampshire Supreme Court and the New Hampshire Bar Association.
Until recently, Richard Guerriero, a prominent defense attorney, served on the commission. He recently resigned, however, and is now representing Hantz Marconi in her criminal proceedings.
