NH Supreme Court Chief Justice MacDonald resigns after Judicial Conduct Committee investigation
By Kirk Enstrom, Kaitlin Corbett
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CONCORD, New Hampshire (WMUR) — New Hampshire Supreme Court Justice Gordon MacDonald has resigned his position following an investigation by the Judicial Conduct Committee.
In a brief letter to Gov. Kelly Ayotte, MacDonald said he was voluntarily resigning.
“I believe this is in the best interests of the New Hampshire Judicial Branch,” MacDonald wrote in the letter. “I accept responsibility and accountability for my conduct. It has been an honor to serve the people of New Hampshire.”
The JCC posted a document Tuesday stating it had been investigating MacDonald since November 2025 for his actions related to the employment and performance of Dianne Martin.
In March of this year, that investigation was elevated to a complaint.
The JCC said after an internal investigation related to job performance issues, which MacDonald was aware of, Martin was removed from her position as the Director of the Administrative Office of the Courts in February 2025.
The document goes on to say Martin later emailed MacDonald about her termination.
MacDonald allegedly reacted in anger and frustration, slamming doors and using profanity towards other justices.
On April 1, 2025, the JCC said Martin was told her position was eliminated, and she was officially being laid off, allowing her to cash in on close to $50,000 in unused sick and vacation time and benefits.
After Martin was laid off from her position, she was rehired 48 hours later in a new position as general counsel to the Office of Bar Admissions, a position she was previously offered when terminated, but declined.
The document also said it was a whistleblower who said the whole idea to lay off and rehire Martin was MacDonald’s.
In the stipulation and agreement posted by the JCC, MacDonald admitted to violating three provisions of the Code of Judicial Conduct, including failing to avoid the appearance of impropriety, bypassing Judicial Branch rules and procedures in extending Martin a position without the same process required of every other Judicial Branch employee, and failing to exercise the power of administrative appointment impartially.
In a written statement, MacDonald said he fell short in his duties and took “full responsibility for my shortcomings.”
“To maintain the integrity of the judicial branch and to avoid the protracted and disruptive spectacle a public hearing would cause to the judicial branch and its dedicated employees, I have agreed to resign my position,” he said in the statement. “It is my sincere hope that the judicial branch can move forward without further distraction and do the critical work for the citizens of New Hampshire.”
The JCC posted MacDonald’s responses to its questions regarding the personnel decisions.
In his response, he also acknowledged rumors that he was having an affair with Martin, something that was false “and has caused great damage to me.” He “emphatically” stated that his relationship with Martin has always been professional.
In response to the whistleblower’s claim, MacDonald said the decisions to lay off and rehire Martin were made collectively by the then-sitting three justices and himself, on the advice of counsel.
The committee also asked about incidents in which MacDonald was accused of yelling at other justices.
Ayotte said she would accept MacDonald’s resignation effective immediately.
“It is essential that the Judicial Branch maintain the public’s trust in its mission to impartially adjudicate matters brought in front of the courts,” the governor said in a written statement. “I am extremely disappointed to learn today of the former Chief Justice’s violations of the Judicial Code of Conduct, and I received his resignation this morning.”
In a written statement, the Judicial Branch noted that the current associate justices of the Supreme Court were not members of the panel that approved the agreement with MacDonald.
“Chief Justice MacDonald had been on medical leave since July 24. During that time, the four associate justices have assumed the Chief Justice’s responsibilities with respect to the administration of the courts,” spokesman David Sakowich said in the statement. “The Judicial Branch remains focused on carrying out its responsibilities to the public and ensuring that the work of the courts continues without interruption.”
In late July, state court officials announced that MacDonald was taking a medical leave of absence effective immediately.
The Supreme Court’s next oral arguments are scheduled for Sept. 22.
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