New Hampshire Supreme Court: Medical Providers Say Chief Justice MacDonald Unable To Work

By Nancy West, InDepth NH

CONCORD, NH —At 5:42 p.m. Thursday, the state Supreme Court issued a statement saying Chief Justice Gordon MacDonald’s medical providers have confirmed that he is not able to work at this time, but did not say why or when he is expected to return.

MacDonald, 64, has been under scrutiny since state Supreme Court Justice Anna Barbara Hantz Marconi said he told her she had the right to meet with then-Gov. Chris Sununu in June of 2024 during a criminal investigation into her husband Geno Marconi, who was then the state Ports and Harbors director. She was later indicted for allegedly seeking special favors because of that meeting and a conversation with Steve Duprey, chairman of the Pease Development Authority, Geno Marconi’s boss. MacDonald later denied telling Hantz Marconi that when interviewed by investigators from the Attorney General’s Office. Hantz Marconi was charged criminally, pleaded no contest to the resulting plea bargained misdemeanor charge, was found guilty, fined and returned to work until she retired six months ago at age 70.

On Thursday, the Judicial Conduct Committee filed ethics charges against Hantz Marconi because of her conversations with Sununu and Duprey when she was still on the bench. It is not known if they will be called to testify when Hantz Marconi faces a formal hearing in December before the Judicial Conduct Committee. See InDepthNH.org’s reporting earlier Thursday here: https://indepthnh.org/2026/08/06/retired-supreme-court-judge-accused-of-judicial-misconduct-for-meetings-about-husbands-probe/

MacDonald was also under scrutiny after New Hampshire Public Radio published a report last October about him helping a favored colleague at the court Dianne Martin collect $50,000 in benefits for being laid off for two days before being hired into another judicial branch position.

And last month NHPR was first to report that lobbyist Periklis Karoutas of Legislative Solutions had been hired to lobby for the New Hampshire Judicial Branch for $10,000 a month in the wake of publicity over the $50,000 payout scandal.

Earlier this year, some Republican lawmakers tried to pass House Resolution 38 to investigate whether there was enough evidence to impeach MacDonald, but that effort was tabled. The lawmakers also raised concern that MacDonald’s divorce has been pending in court for almost six years.

MacDonald’s attorney, Jane Young, who formerly worked for MacDonald when he was attorney general, has not responded to requests for comment. The spokesman for Attorney General John Formella confirmed that the state is not paying MacDonald’s legal fees.

According to Thursday’s court release, under state and federal law, a request for medical leave does not require the disclosure of diagnostic information and the Chief Justice has not disclosed such information.

Accordingly, the Judicial Branch, including the other justices of the New Hampshire Supreme Court, have not received any information about the Chief Justice’s medical condition beyond the confirmation described in the release, according to the release from court spokesman David Sakowitch.

The court did answer the question regarding who is in charge of the administration of the judicial branch in MacDonald’s absence six days after his sudden announcement that he was on immediate medical leave last Friday.

“The Court is acutely aware that the public has a legitimate interest in understanding how the Chief Justice’s medical leave may affect the judicial and administrative work of the Court, adding the work of the judicial branch ‘continues.’

“Where authorized by statute, Senior Associate Justice Patrick E. Donovan acts in the stead of the Chief Justice,” the release said. “Otherwise, all four associate justices act as one body in executing the administrative responsibilities of the Court.”

The remaining four justices may also be scrutinized because of a press release they issued regarding the Dianne Martin payout.

Attorney General Formella said his investigation into the Martin payout didn’t indicate criminal wrongdoing, but failed to follow best practices.

Formella’s report also said: “Four Supreme Court Justices released a public statement on October 30, 2025, explaining that the judicial branch had been contemplating reorganization of administrative operations since 2024 and that every personnel decision taken regarding Ms. Martin was made collectively by the Supreme Court. The effective date of its administrative reorganization, Judge Keating’s appointment as Interim Director of AOC, Ms. Martin’s layoff, and her subsequent hiring as General Counsel to the Office of Bar Admissions were the sole province of the Supreme Court.”

Under Supreme Court Rule 54 governing court administration, the day-to-day operation of the courts is carried out by the State Court Administrator, the Chief Justice of the Superior Court, and the Chief Judge of the Circuit Court, according to Thursday’s release.

That structure operates continuously even in the temporary absence of the Chief Justice. It is the same structure under which the Judicial Branch functioned from August 2019 to March 2021, when there was no Chief Justice named to the Supreme Court, the release said.

There was no chief justice during that period because then-Gov. Chris Sununu’s nomination of MacDonald to head the court was blocked by three Democratic Executive Councilors.

Sununu waited until after the next election when the five member Executive Council, which must confirm the governor’s judicial nomination, acquired a Republican majority and MacDonald was confirmed.

The court did say in Thursday’s release: “The New Hampshire Supreme Court has been heartened by the outpouring of concern expressed regarding Chief Justice Gordon MacDonald’s health.”

This story was originally published by InDepth NH.