Judicial Accountability Violations: Understanding the Issues

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CONCORD, N.H. — In a stunning development that raises questions about judicial accountability and judicial ethics violations, New Hampshire Supreme Court Associate Justice Anna Barbara Hantz Marconi is expected to avoid prison and potentially retain her seat on the state’s highest court after agreeing to a negotiated plea deal that will effectively end the criminal case against her.

On Monday afternoon, Hantz Marconi’s defense attorney, Richard Guerriero, filed a motion in Merrimack Superior Court signaling her intent to enter a no-contest plea on Tuesday. This plea arrangement, negotiated with state prosecutors, marks a significant shift in the case that began with multiple indictments alleging abuse of office and public office misconduct.

According to court documents filed with the motion, prosecutors have agreed to drop all of the original felony indictments against Hantz Marconi. In exchange, she will plead no contest to a single Class B misdemeanor count of criminal solicitation — misuse of position. This lesser charge dramatically reduces her potential punishment and avoids a felony conviction that would have forced her immediate removal from the bench.

Under New Hampshire law, a no-contest (nolo contendere) plea means the defendant does not admit guilt but accepts conviction as though a guilty plea had been entered. The plea allows Hantz Marconi to sidestep an extended trial while avoiding an explicit admission that she committed the alleged misconduct.

The misuse-of-position statute covers situations where a public official improperly leverages their authority or influence for personal or political benefit. While the precise details of Hantz Marconi’s conduct remain under seal, investigators previously suggested that her actions involved inappropriate communications and attempts to influence an internal personnel or legal matter using her judicial position.

The agreement will likely result in a fine and probationary conditions, rather than incarceration, meaning Hantz Marconi could continue serving on the New Hampshire Supreme Court pending any administrative review by the Judicial Conduct Committee (JCC) or the Governor and Executive Council, who have the authority to recommend suspension or removal of justices for ethical violations.

Critics argue that such an outcome underscores the challenges of holding members of the judiciary to the same standards as ordinary public officials. “If a sitting justice can plead no contest to misuse of office and still remain on the court, it undermines public faith in the impartiality of the judiciary,” said one legal ethics observer familiar with the case.

Hantz Marconi, who was appointed to the New Hampshire Supreme Court in 2017 by Governor Chris Sununu, has served as one of five justices on the bench. Her tenure has included participation in major decisions on criminal justice, civil rights, and state constitutional interpretation.

The sentencing date and exact terms of the plea agreement are expected to be finalized during Tuesday’s hearing. The Attorney General’s Office has not issued a public statement regarding whether it will seek disciplinary measures beyond the criminal penalty.

If accepted by the court, the plea would close a high-profile chapter in New Hampshire’s judicial history — one that has highlighted the delicate balance between maintaining accountability and preserving the independence of the state’s judiciary.