New Hampshire Supreme Court Justice Anna Barbara Hantz Marconi alleges that she notified Chief Justice Gordon MacDonald in advance of a meeting she hoped to have with Gov. Chris Sununu, and that MacDonald raised no concerns.
That meeting, however, is now at the center of a criminal case against Hantz Marconi brought by the New Hampshire Attorney General that accuses her of attempting to use her influence with Sununu to curtail an investigation into her husband, Geno Marconi, the state’s longtime ports director.
In new legal filings, attorneys for Hantz Marconi say that she “explained to Chief Justice MacDonald that she was considering requesting a meeting with the governor. The Chief Justice’s response was, ‘I think you can do that – You are a constituent and have concerns.’”
"Justice Hantz Marconi understood this comment to confirm her view that she had the right to seek to address the governor, just as any other citizen would have that right,” her lawyers wrote.
It isn’t clear when MacDonald and Hantz Marconi discussed the appropriateness of a potential meeting with Sununu.
A spokesperson for the New Hampshire Supreme Court declined to comment.
Read more: Hantz Marconi’s criminal charges keep her off the bench, but removal unclear
Prosecutors say Hantz Marconi met with Sununu on June 6th and allegedly raised the investigation into her husband, who was placed on leave in April from his position without any public explanation.
At the time, Hantz Marconi was also forced to recuse herself from cases before the Supreme Court involving the New Hampshire Attorney General’s office due to its inquiry into her husband. Prosecutors allege Hantz Marconi told Sununu during their meeting that “there was no merit to allegations” against her husband, and that the investigation “needed to wrap up quickly because [Hantz Marconi] was recused from important cases” before the court, according to court papers filed by the state Department of Justice.
Lawyers for Hantz Marconi acknowledge that she met with Sununu but say the conversation was “entirely lawful and proper.”
Sununu nominated Hantz Marconi to her seat on the bench in 2017, the third woman to ever serve on the New Hampshire Supreme Court. MacDonald was confirmed to the Chief Justice position in 2021, also through Sununu’s nomination.
MacDonald’s alleged comments to Hantz Marconi are detailed in a new batch of court filings related to the temporary suspension of her law license. Lawyers for Hantz Marconi argue that MacDonald could be called to testify in her criminal case as a witness, and that he should therefore be recused from all proceedings involving her ability to practice law, which is being handled separately from the criminal charges.
Sununu could also be called to testify in a criminal trial. He has said the accusations against Hantz Marconi are “incredibly serious” but has declined to say if he alerted prosecutors about her alleged request to curtail the investigation into her husband, or if someone else who knew of the meeting raised concerns with law enforcement.
A day after the criminal indictments involving Hantz Marconi were released, a slate of criminal charges were announced against Geno Marconi. He’s accused of allegedly disclosing confidential motor vehicle records to another person and tampering with evidence to obstruct an ongoing investigation.
In April, Hantz Marconi also allegedly contacted Steve Duprey, the chair of the Pease Development Authority, which has oversight over the state’s ports. (Duprey is a member of the NHPR’s Board of Directors, but has no influence over the station’s coverage.)
Marconi remains on administrative leave from the Division of Ports and Harbors, while Hantz Marconi is also on leave from the court.
He’s scheduled to be arraigned on Nov. 27, while she will be arraigned Nov. 21.
