With Cloud of Corruption over Court, Warmington Demands Justices Step Aside Pending Investigation

 Says Ayotte Inaction Threatens Justice for Granite Staters

MANCHESTER, NH — Today, Cinde Warmington, Democratic nominee for Governor of New Hampshire, called on State Supreme Court Justices Melissa B. Countway, Patrick E. Donovan and Brian K. Gould to immediately step aside from the court to allow investigation into their complicity in conduct that forced the resignation of Justice Gordon MacDonald and has left a cloud of corruption over the state’s highest court, made worse by Kelly Ayotte’s inaction.

“Kelly Ayotte has failed to respond to a serious case of judicial misconduct. Her continued inaction and silence is threatening the rights of the people of New Hampshire,” said Warmington. “It’s been two weeks since Justice Gordon MacDonald resigned after admitting to multiple violations of the judicial code of conduct. Now, questions rightfully are being raised about three other justices, who all admitted to participating in the conduct that forced MacDonald’s resignation. These justices must step aside immediately pending the investigation of their conduct.”

“Our State Supreme Court has returned to the bench under a cloud of corruption inconsistent with the fair administration of justice,” said Warmington.  

Warmington’s call for the justices to step aside, and for immediate action by Kelly Ayotte, reinforces Warmington’s earlier call for a delay in naming MacDonald’s replacement until after the November election and for public hearings into the conduct of the justices involved in the personnel matter underlying the resignation. 

“The New Hampshire Judicial Conduct Committee must investigate the conduct of these justices, if it isn’t already doing so. And, if it is, the public must know about it.  This situation cannot be allowed to continue. Kelly Ayotte’s silence and inaction are alarming. She must also demand that these justices step aside and the JCC investigate,” said Warmington.

“Litigants have already begun seeking to recuse sitting justices from hearing their cases. Every litigant appearing before the court has a right to know the status of any ethics investigation, and whether such an investigation prevents the court from fairly administering justice. This culture of corruption — enabled by Kelly Ayotte — is costing taxpayers, impeding our judicial process, and has tainted our judiciary,” concluded Warmington. 

While Kelly Ayotte was testifying to MacDonald’s “character” in 2021 —  describing him as “fair” and “balanced” while “lauding his qualifications” — Warmington was the lone vote on the Executive Council who opposed MacDonald’s judicial nomination.