CONCORD - Democratic Executive Councilor Karen Liot Hill has posed a key question to the attorney general, one that the court and Gov. Kelly Ayotte have not addressed in public: "Who is presently authorized to exercise the administrative powers and duties assigned by law and/or the constitution to the Chief Justice of the New Hampshire Supreme Court?"

Liot Hill stated in a letter sent Tuesday to Attorney General John Formella that "we received a notice from the NH Supreme Court that Chief Justice Gordon MacDonald would be taking medical leave effective immediately. It further stated: 'The work of the New Hampshire Supreme Court will continue without interruption.' However, it provided no additional details."

Besides handling cases, the Chief Justice of the NH Supreme Court serves as the administrative head of the Judicial Branch, the letter pointed out. No information on the reason for the abrupt notice of MacDonald's medical leave has been shared due to privacy concerns.

The question has sparked significant discussion because limited information is available about MacDonald's leave amid ongoing scrutiny of his conduct as chief justice. This includes criminal charges against Supreme Court Justice Anna Barbara Hantz Marconi.

More recently, New Hampshire Public Radio reported last October that MacDonald assisted a favored colleague at the court, Dianne Martin, in obtaining $50,000 in benefits after a two-day layoff before she moved to another judicial branch role.

Since last Friday, court spokesman David Sakowich has not replied to inquiries on whether the Judicial Conduct Committee is examining MacDonald. The JCC website indicates that any probe into a judge stays confidential until formal charges are filed or the matter is resolved by the Committee.

When asked about leadership of court administration during MacDonald's absence, Sakowich directed InDepthNH.org to the brief Friday news release, which suggested a possible shared role among the remaining four justices.

"The work of the New Hampshire Supreme Court will continue without interruption. Senior Associate Justice Patrick E. Donovan, Justice Melissa Countway, Justice Bryan Gould, and Justice Daniel Will remain actively engaged in preparing for the Court's next session, with oral arguments scheduled for September 22.

"The members of the New Hampshire Supreme Court are united in wishing Chief Justice MacDonald a full and speedy recovery," the Justices said in a joint statement," the Friday release said.

State Rep. Bob Lynn, R-Windham, a former chief justice of the state Supreme Court and chairman of the House Judiciary Committee, noted he had only heard rumors about the "Dianne Martin situation" and had not conducted any independent review of the claims.

"I heard about what was reported in the press about it" and that the attorney general concluded best practices may not have been followed but found no wrongdoing, Lynn said Tuesday.

"I have no idea," Lynn said about any ongoing investigation involving MacDonald. "I haven't tried to conduct any independent inquiry."

Lynn added that in MacDonald's absence, the senior judge would likely handle administration.

"I think normally Senior Associate Justice Patrick Donovan would take over most of those duties," Lynn said.

MacDonald's attorney Jane Young did not respond to a request for comment.

Liot Hill also asked Formella to address these points: "What constitutional, statutory, court rule, or other legal authority governs that determination?

"Does New Hampshire law authorize or require the appointment of an Acting Chief Justice, or other acting administrative head of the Judicial Branch, during a temporary absence of the Chief Justice?
If no such appointment has been made, by what legal authority are the Chief Justice's administrative duties presently being exercised?
If current law is silent, what is the Attorney General's opinion regarding the proper legal mechanism for ensuring continuity of judicial administration?"

Liot said to Formella: "I would appreciate your guidance to the Executive Council on these questions as soon as possible. The public does not need to know private medical information, but it is reasonable for the public to know who is exercising the administrative authority of one of the three branches of state government and under what legal authority."

Formella's spokesman did not immediately respond to InDepthNH.org's questions about the letter.

MacDonald faced scrutiny when state Supreme Court Justice Hantz Marconi indicated he advised her she could meet with then-Gov. Chris Sununu in June of 2024 during an investigation into her husband Geno Marconi, then the state Ports and Harbors director. She was later indicted for allegedly seeking a special favor tied to that meeting. MacDonald denied making that statement when questioned by investigators. Hantz Marconi entered a no contest plea to the misdemeanor charge, was found guilty, fined, and returned to work until her retirement.

Formella reviewed the reports on Dianne Martin's $50,000 payout and concluded "that the series of events and transactions examined do not warrant further review or investigation by DOJ as, at this time, there is no reasonable suspicion to believe that further investigation would uncover actionable criminal conduct. While it would be reasonable to conclude that in certain respects human resources best practices were not followed during the series of events and transactions examined, DOJ does not have oversight authority over the judicial branch for such issues. DOJ is therefore closing its review and will take no further action on this matter."

Formella's report also noted: "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."