New Hampshire Supreme Court Chief Justice Gordon J. MacDonald resigned effective immediately on Tuesday, September 15, admitting he violated three provisions of the state's Code of Judicial Conduct in connection with the employment of a longtime aide. The resignation caps a monthslong ethics inquiry and hands Gov. Kelly Ayotte a chance to reshape the state's highest court.
MacDonald, 64, sent his resignation letter to Ayotte after admitting to the violations, according to NH Journal. He cited a stipulation and agreement reached with the state's Judicial Conduct Committee, and wrote that he accepts “responsibility and accountability” for his conduct, according to New Hampshire Public Radio. MacDonald served as New Hampshire's attorney general before Gov. Chris Sununu appointed him to the Supreme Court in 2021.
A Layoff, a Rehiring, and a $50,000 Payout
At the center of the case is Dianne H. Martin, a longtime aide and former chief of staff to MacDonald who was hired as director of the Administrative Office of the Courts in 2021. Martin was laid off from state government on April 1, 2025, and rehired three days later, on April 4, 2025, as general counsel for the Office of Bar Admission, according to the Concord Monitor.
That brief gap in employment enabled a payout of nearly $50,000 for Martin's unused vacation, sick leave, and other benefits from her prior role, the Monitor reported. The Judicial Conduct Committee found that MacDonald had approved a plan to remove Martin from her position in late February, and it concluded he failed to follow established personnel rules while the court's public statement about the arrangement offered an inaccurate portrayal of Martin's employment, according to The Boston Globe.
No Criminal Charges, But Ethics Violations Confirmed
New Hampshire's Attorney General's Office found no evidence of criminal wrongdoing in how Martin's employment was handled, even as it concluded that some human-resources practices had not been followed properly, per NHPR. The Judicial Conduct Committee, an 11-member panel that handles discipline for the state's judges, opened its inquiry into MacDonald's conduct in November 2025 and filed its report with the Supreme Court on Sept. 9.
The committee could not remove MacDonald, and he agreed to resign. MacDonald agreed to reimburse the Administrative Office of the Courts for legal fees and expenses tied to the investigation, according to Foster's Daily Democrat. Under state law, a sitting justice can be removed through legislative impeachment or by joint action of New Hampshire's executive and legislative branches.
Denials of a Romantic Relationship
MacDonald wrote that his relationship with Martin was and would remain purely professional, and he denied having an adulterous relationship with her. Martin, for her part, denied being romantically involved with MacDonald.
The Judicial Conduct Committee also reported that many, if not all, of the judicial branch's human-resources employees had left their jobs. The Globe's report also said that vacant positions and unpaid bills within the judicial branch led to suspended legal research services.
MacDonald's Absence and a Raised Voice
MacDonald had been away from the court on medical leave for weeks before his resignation, though outlets differ on exactly when that leave began: Foster's reported he had been out since July 24, while NH Journal reported his leave began July 31. The four remaining justices assumed his administrative responsibilities after the leave began in late July, David Sakowich, the New Hampshire Judicial Branch public information officer, said, according to the Globe.
The committee's findings also noted that MacDonald raised his voice when addressing an associate justice. Separately, an order tied to the matter was issued by substitute judges after sitting Supreme Court justices recused themselves.
What Comes Next for the Five-Member Court
MacDonald's departure gives Ayotte a chance to appoint her third Supreme Court justice since taking office, according to the Globe. Ayotte can nominate MacDonald's successor, and she herself is up for reelection on Nov. 3.
Executive Councilor Cinde Warmington, who cast the lone dissenting vote against MacDonald's 2021 confirmation, said Ayotte should refrain from nominating a Supreme Court justice before the election, arguing voters should decide who they want as governor before a replacement is put forward. The New Hampshire judicial branch, which also includes the trial courts, previously functioned without a chief justice from August 2019 through March 2021, per NHPR — meaning this would not be the first extended vacancy at the top of the court. The episode follows another recent case of judicial discipline in the state: Former New Hampshire Supreme Court Justice Anna Barbara Hantz Marconi pleaded no contest in October 2025 to a misdemeanor charge arising from a conversation with then-Gov. Chris Sununu about an investigation involving Hantz Marconi's husband.
