DueProcess Privacy JusticiabilityDoctri
Recent national news coverage describes a current crisis in the Supreme Court of New Hampshire wherein Justice Anna Barbara Hantz Marconi, a sitting Justice of the Supreme Court of New Hampshire, is presently facing two Class B felony charges (Attempt to Commit Improper Influence and Criminal Solicitation of Improper Influence) and five Class A misdemeanors, including allegations of misuse of her judicial position.
The criminal charges involve allegations that Justice Marconi misused her judicial position to influence New Hampshire Governor Christopher Sununu with regard to a criminal investigation into her husband, Geno Marconi, who was indicted for two Class B felonies and four Class A misdemeanors.
Justice Marconi has submitted a sworn affidavit claiming that Chief Justice Gordon MacDonald indicated it was permissible for her to meet with Governor Sununu regarding the investigation into her husband.
The first question presented is: Whether a writ of mandamus should issue directing Chief Justice Gordon MacDonald of the Supreme Court of New Hampshire to disclose whether he agrees or disagrees with Justice Anna Barbara Hantz Marconi's sworn affidavit regarding their conversation about her meeting(s) with Governor Chris Sununu, as this disclosure is essential for litigants to file appropriate motions for recusal.
On December 9, 2021, the Supreme Court of New Hampshire issued a supervisory order creating a multidisciplinary "Task Force on domestic violence in the New Hampshire Judicial Branch." The order did not specify which justices approved it, although Justice Marconi was appointed as chair of the Task Force, and Chief Justice MacDonald's former law partner, David Vicinanzo, was appointed as a member.
The second question presented is: Whether a writ of mandamus should issue directing the Supreme Court of New Hampshire to identify which justice(s) approved the supervisory order issued on December 9, 2021, establishing a multidisciplinary Task Force on domestic violence, as this disclosure is essential for litigants to file appropriate motions for recusal.
Petitioner alleges that trial court transcripts in his case were deliberately falsified to omit evidence of judicial misconduct. Petitioner further alleges that former New Hampshire Chief Circuit Court Administrative Judge David King committed perjury during his sworn deposition on August 26, 2022, by falsely stating that he had informed the Judicial Conduct Committee of his findings about these transcripts, when he had not. This resulted in several years of delays and required the Supreme Court of New Hampshire to order multiple revisions of the transcripts. Only a partial, redacted copy of Judge King's deposition is currently available, and Petitioner seeks the complete deposition for full clarity.
The third question presented is: Whether a writ of mandamus should issue to address allegations that former Chief Circuit Court Administrative Judge David King committed perjury during his August 26, 2022 deposition concerning the falsification of trial court transcripts, and to compel the Supreme Court of New Hampshire to provide clarity regarding the oversight and multiple revisions related to those transcripts, which were ordered by the Court. Petitioner also seeks the production of the complete deposition of Judge King, as only a partial, redacted copy is currently available.
Because of the recent and rapidly involving developments that have taken place just last week and have directly affected Petitioner, Petitioner has sought an extension of time from the Supreme Court of New Hampshire (No. 2023-0181) to file appropriate responsive pleadings, which was denied on October 24, 2024 by Justice Melissa Countway.
The fourth question presented is: Whether a writ of mandamus should issue to comp
Whether a writ of mandamus should issue directing Chief Justice Gordon MacDonald to disclose details of a conversation regarding Justice Anna Barbara Hantz Marconi's meeting with Governor Sununu