New Hampshire
Prosecutors can keep handling their case against N.H. Supreme Court justice, judge rules – The Boston Globe
“Unlike private attorneys, government attorneys are presumptively entrusted to be impartial unless a defendant can demonstrate actual bias,” Honigberg wrote.
Hantz Marconi, 68, is accused of trying to interfere with a criminal investigation into her husband, Geno J. Marconi, 73, the long-serving director of the New Hampshire Port Authority. She faces felony and misdemeanor charges for a conversation she had with Governor Christopher T. Sununu on June 6, when she allegedly said the investigation into her husband was meritless and needed to wrap up quickly.
Although she argues the meeting was entirely above-board, Hantz Marconi was indicted on felony charges of attempting to commit improper influence and criminal solicitation of improper influence. She was also charged with making an inappropriate request in April of the chairperson for the Pease Development Authority, which oversees the port authority.
Her husband has been indicted on charges of felony witness tampering and obstructing government administration. He’s accused of providing confidential motor vehicle records about one person to another in early April. He’s also facing misdemeanor charges that he falsified physical evidence and obstructed government administration in late April by deleting one or more voicemails.
After her indictment, Hantz Marconi’s attorneys argued that Formella could not be an impartial prosecutor, given his closeness to Sununu, a “very powerful and important witness” in this case. They argued Formella has conflicts stemming from his current official duties and from his prior roles representing Sununu in his personal capacity. They asked the court to either dismiss all the charges or have a special prosecutor appointed.
Honigberg, however, rejected their argument with a 15-page order highlighting material differences between past cases and the one at hand.
“Under the Supreme Court’s precedents, a defendant must do more than speculate about a potential conflict but rather demonstrate that one is likely to occur,” he wrote, noting that Hantz Marconi will be able to present evidence in the future if she discovers “that she has suffered harm from an actual, not speculative conflict.”
Honigberg wrote that Hantz Marconi’s attorneys had advanced a legal theory that would effectively have courts disqualify the New Hampshire Attorney General’s Office from prosecuting any criminal case in which a member of the state’s executive branch would need to serve as a witness. That theory “runs counter to the statutory duties imposed on the Attorney General and is not supported by the Supreme Court’s precedents,” he wrote.
In a statement, Hantz Marconi’s defense attorneys — Richard Guerriero, Jonathan Kotlier, and Oliver Bloom — said they disagree with Honigberg’s decision and could appeal it at some point in the future.
“However, this was a preliminary issue arising in the earliest stages of the case,” they said. “Rest assured, we will continue to fight the Attorney General’s accusations on every lawful basis until Justice Hantz Marconi is vindicated.”
In fact, the defense team has already queued up Hantz Marconi’s next gambit to have her indictment dismissed in its entirety. In a filing on Nov. 8, her attorneys introduced an alternative argument that her alleged conduct was protected by the First Amendment, the constitutional right of redress, and judicial immunity.
Honigberg wrote in his order on Tuesday that he anticipates the prosecutors will file a response to the Nov. 8 motion within the next 15 days.
A spokesperson for the attorney general’s office did not immediately respond Wednesday to a request for comment on Honigberg’s order.
Hantz Marconi, who was appointed by Sununu to the state’s highest court in 2017, faces up to three and a half years to seven years in state prison for each of the two felony charges. She also faces up to 12 months in jail for each of five misdemeanors.
Speaking to reporters Wednesday afternoon, Sununu pushed back on recent news coverage and said Formella has handled these cases independently.
“John Formella goes to the nth degree to ensure firewalls are in place, what is transmitted between the Justice Department and either my office or legislators, elected officials, or the public is always above board,” he said. “That’s the best part of John Formella.”

Sununu said he thinks a recent report by New Hampshire Public Radio was “complete garbage.” The report, which noted that Sununu met with Formella and members of the Pease Development Authority board on April 16, said the closed-door gathering “raises new questions about the role Sununu played in Marconi’s removal from office and the ensuing criminal charges.”
Sununu countered that the April 16 meeting was when Formella “let us know” that an investigation into Marconi was underway. He said he has respected Formella’s independence throughout the process.
“I keep myself very apart from things, especially in the attorney general’s office. I respect the attorney general’s role,” Sununu said.
“To this day, you know what I know about those indictments? Exactly what you have read in the indictments,” he added. “I read them on the same day you read them with the public. I didn’t get a heads up on any of this because it doesn’t concern me.”
The potential witnesses in Marconi’s case include members of the Pease Development Authority board, staffers with the New Hampshire Division of Ports and Harbors, and Bradley J. Cook of Hampton, who was also indicted on felony perjury and misdemeanor false swearing charges, according to court records.
Cook, 73, allegedly testified before a grand jury in September that he hadn’t communicated with Marconi or received any materials from Marconi related to a pier use permit for “N.L.,” when in fact he had, according to the indictments.
One of the potential witnesses is Neil Levesque, vice-chairman of the Pease Development Authority board and executive director of the New Hampshire Institute of Politics at Saint Anselm College.
Details are sparse in the charging documents, so it’s still unclear what exactly sparked Marconi’s alleged misconduct and the subsequent investigation. He has been on administrative leave since April, and Justice Hantz Marconi has been on administrative leave since July. Their attorneys contend they are innocent.
Steven Porter can be reached at steven.porter@globe.com. Follow him @reporterporter. Amanda Gokee can be reached at amanda.gokee@globe.com. Follow her @amanda_gokee.
New Hampshire
NH medical marijuana program added 2,100 new patients last year – Monadnock Ledger-Transcript
More than 2,100 new patients signed up with New Hampshire’s Therapeutic Cannabis Program last year, bringing the total registry to nearly 17,000, according to new state data.
That increase — about 14.5% from the year prior — is the largest since 2021.
Likely driving the growth were changes to state law in 2024 that allowed more people to qualify for medical marijuana use. They can now join the program at doctors’ discretion — which covers any debilitating or terminal condition or symptom, as long as their medical provider agrees the benefits of cannabis could outweigh the risks — or with a diagnosis of generalized anxiety disorder.
More than 900 patients list anxiety as their qualifying condition, according to the report issued this week by the state Department of Health and Human Services, which oversees the program.
“There was certainly an uptick in growth after those bills took effect in late 2024. It hasn’t skyrocketed, but has somewhat accelerated the growth of the program,” said Matt Simon, a lobbyist for GraniteLeaf Cannabis, one of three licensed cannabis providers in the state. “Where we’ve been, this extremely tiny program that was tiny for years, it is steadily growing.”
With 16,846 people, about 1.2% of the population are either certified patients or designated caregivers, who are authorized to buy cannabis on behalf of a patient. That’s close to one in every 84 Granite Staters.
The data released by the state was collected in June 2025. Simon estimates roughly 1,000 more people have joined since then.
The Therapeutic Cannabis Program, established in 2013, is the only way to lawfully consume marijuana in New Hampshire, as recreational use remains illegal. Patients require a doctor’s approval to join and receive a state-issued card that licenses them to buy medical cannabis products from seven dispensaries across the state, operated by three producers: GraniteLeaf Cannabis, Sanctuary Medicinals and Temescal Wellness.
The new data comes as the Trump administration reclassified medical marijuana last month as a less dangerous drug, effectively legitimizing programs run in 40 states, including New Hampshire’s. The change opens the door for more cannabis research and potential tax breaks for producers.

In New Hampshire, program demographics skew older. Nearly a quarter of patients are between 55 and 65 years old, and almost 70% of patients are over the age of 45. Pain is far and away the most common condition that people aim to treat with cannabis.
Patients are concentrated in southern New Hampshire and in towns where dispensaries, also called alternative treatment centers, are located. There are seven across the state in Chichester, Conway, Dover, Keene, Lebanon, Merrimack and Plymouth.
Concord has between 300 and 734 patients, according to the state data. Manchester has the most patients out of any municipality, at 1,150.
Despite the program’s growth, cost and accessibility remain a challenge. Jerry Knirk, a retired surgeon and state representative who now chairs the state’s Therapeutic Cannabis Medical Oversight Board, said New Hampshire’s strict regulatory environment plays a role.
“Part of the issue is we have a very high-quality, highly regulated program with testing of all products and lots of restrictions and things, and that does make things more expensive, but it’s how you keep the quality to be really high,” Knirk said. “We want to have really good quality. Unfortunately, it does make it a little bit harder.
One family of three spent $548 after discounts on a six-week supply of their medicine, which they use for chronic pain and other ailments, the Monitor reported last year.
Limited retail locations also mean that in some parts of the North Country, patients must drive upwards of an hour to obtain their medicine.
“The lack of dispensary locations, well, yeah, that is a problem,” Knirk said.
The oversight board, joined by other advocates, has pushed for laws to alleviate those concerns. Some of the biggest include allowing patients to grow their own medicine at home and letting dispensaries use outdoor greenhouses to cut down on electricity costs.
That legislation is introduced in the State House almost every year but is often torpedoed by Republicans’ concerns over security protocols.
While advocates expected little movement on marijuana policy under Gov. Kelly Ayotte, who opposes legalizing recreational use, the bill to allow greenhouse cultivation is nearing the finish line this session. Former governor Chris Sununu vetoed a similar bill two years ago; Ayotte hasn’t indicated whether she’d sign it.
Simon said that while cost and accessibility are still challenges, patient satisfaction with the program is improving.
“We started in a tough place with a lot of people really not liking the law and the program,” he said. “I think it’s been steady growth and steady improvement. Prices have come down somewhat, and the vibes are better.”
New Hampshire
Only a handful of New Hampshire farms are as old as the nation. Their endurance has relied on adaptability – Concord Monitor
Five major dairy farms populated the half-mile stretch of Upper City Road in Pittsfield where Tom Osborne’s childhood unfolded.
As he matured into young adulthood in the 1960s and 70s, the golden years of New England dairy were quietly waning in his backyard. All but one of those farms — enjoying the upward swing of technological progress in mechanical milking and refrigeration made during earlier decades — have deserted dairy, including the Osborne family, which sold its dairy cows in 1986.
Hours were long, and the work was unforgiving. Returns paled in comparison to those investments: The price of milk fluctuated with little predictability while investment grew costlier, often outweighing revenue. Towards the end of the lifetime of their dairy operation, Osborne remembers his late father, David, straining to eke out a third milking from their cows every day, one more than standard.
Resting on their shoulders was the endurance of a business already more than 200 years old. Now, the farm, founded in 1775, is marking its semiquincentennial, looking very different than how it did in the past.
“Over the years, we’ve had to evolve and not always do what we’ve always done. I think sometimes that’s a hard thing,” Osborne said. “You kind of feel like, ‘Hey, this is what we’ve always done, let’s keep doing what we do and what we know.’ But I think we’ve had to just learn.”
In 1976, the New Hampshire Department of Agriculture, Markets and Food listed 56 legacy farms as enduring within the same family of owners for 200 years. As the nation now marks its semiquincentennial, 250 years since the signing of the Declaration of Independence, only a fraction of those farm enterprises remain, pastoral gems scattered across the state.
To shoulder the caprices of the industry, most have learned to adapt.
In 1938, a hurricane made landfall in Lebanon, tearing through Ascutney View Farm, razing a four-story chicken barn Susan Cole’s father had just built. When the storm subsided, family legend tells that there were chickens stranded in trees.
“Sometimes Mother Nature decides for us,” Cole said Friday morning, representing her family farm, founded in 1771, at the New Hampshire Farm, Forest and Garden Exposition. “You have to be a flexible mind.”
Her father passed away at 102, having worked their 1,100 acres of forested and pasture land his whole life. The 100 dairy cows Cole remembers showing as a child through 4H were gradually sold, and today, the family keeps 60 sheep and taps 2,100 maple trees. Her husband manages the brunt of the manual labor, but without her full-time work in real estate, Cole said the farm would not be viable.
“Having no outside income is not an option,” she said.
Their family’s approach isn’t altogether uncommon. In 2022, farmers in New Hampshire whose primary occupation was one other than farming outnumbered farmers who made their income primarily from their land, according to the U.S. Department of Agriculture. Nearly 60% had an off-farm job that they listed as their main source of income.
For the Osbornes, bifurcating the family business proved to be a more enduring shield against the financial riptides of the industry.
While his brother Paul maintains the farm, Tom Osborne inherited from his father an expanding retail chain, Osborne’s Farm and Garden Centers, with locations in Concord, Hooksett and Belmont.
The year after the family sold its cows, they opened their first Osborne’s Agway Store, selling farm supplies. The farm continued to see changes: Their small horticultural operation has plateaued over the years; land that used to sprout corn has been seeded for hay.
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Osborne cultivates 25,000 hay bales each season and resells more from other producers in his stores, but even the crop’s relative success hasn’t insulated the farm from uncontrollable, unpredictable challenges. The last two summers have yielded the best hay seasons in recent memory — for them and for their neighbors and competitors.
Hiring has rebounded in Osborne’s stores since COVID, but labor challenges still cast a long shadow over farm operations, especially for Heidi Bundy at Tomapo Farm in Lebanon.
Bundy knows the history of their land, inexorably entwined with the history of her family: In the mid 1800s, the family owned hundreds of sheep as wool boomed. They shifted to dairy with a herd of Jersey cows, which were displaced by black-and-white Holsteins by the time she was a child.
In 1970, her father and grandfather, by then equal business partners, reckoning with the decline of dairy, reached an impasse: either stay in or get out. They chose the latter.
During the ten years her grandfather, Howard Townsend, served as the state’s commissioner of agriculture, her father ran the farm himself, logging alone in the woods for months at a time. “We diversified, and we’ll probably continue to have to be diversified,” Bunday said.
That decisive hour came for the Osbornes’ dairy operation two years later. Around 1972, Osborne said, his father questioned whether to throw in the towel on dairy, choosing instead to prolong the inevitable.
“I think my dad, in his later years, regretted taking on more debt to stay afloat,” he said.
Their farms, generational bulwarks, have lived continuous evolutions.
The future approaches with greater uncertainty.
Of Bundy’s five children, she said none feel compelled to take on the farm. She’s promised her parents a place to live out the remainder of their days, and she’s going to “keep on doing what I can do” to ensure that she honors her word.
“If I have to leave the farm, I can do it,” she reflected. “I won’t be happy about it, though.”
New Hampshire
Dover SchoolCare ruling could let 89 other NH districts recoup funds
The preliminary injunction ordering SchoolCare to continue paying Dover educators’ health care claims may have implications for the 89 other school districts that paid SchoolCare’s special assessment, according to Anthony Carr of Shaheen and Gordon.
“This could be significant for those 89 other towns and districts,” said Carr, who is representing Superintendent Christine Boston in the lawsuit against SchoolCare.
SchoolCare threatened to stop paying claims on May 1 if Dover failed to pay a special assessment of $1.7 million above and beyond its normal monthly premium in order to cover the insurance risk pool’s losses. Dover refused to pay the special assessment, arguing that it was illegal.
Superior Court Judge John Curran, finding that school employees covered by SchoolCare could face “irreparable harm,” ordered SchoolCare to continue to pay “covered healthcare claims of Dover employees, spouses, dependents, and retirees.”
Curran also found that if the case went to trial, Dover would “likely succeed on the merits” of its case.
Whether the case will go to trial remains an open question, as the judge has not ruled on the claims of SchoolCare and the New Hampshire Secretary of State that the court is not the proper jurisdiction for Dover’s complaint.
“The court will duly consider the important jurisdictional question this case presents in ruling upon those pending motions to dismiss …,” Judge Curran wrote. “For the purposes of this motion, the court finds that the plaintiffs have a sufficient likelihood of establishing jurisdiction at this stage.”
Carr said the order for the preliminary injunction is “very helpful, very favorable.” However, the only “asterisk” is that there is a pending motion to dismiss for lack of jurisdiction.
Favorable ruling hinges on pending jurisdictional argument
Both New Hampshire Secretary of State David Scanlan, through the New Hampshire Bureau of Securities Regulation and its counsel, which intervened, and SchoolCare, have filed motions to dismiss the case with jurisdictional arguments.
“The Bureau respectfully asks this Court to dismiss the District’s Complaint in its entirety because the claims contained therein fall under the Bureau’s exclusive jurisdiction and authority and are best submitted to the Bureau’s administrative enforcement mechanism,” according to court documents.
SchoolCare has argued the plaintiffs can’t show a “likelihood of success on the merits” as the matter needs to be brought before the secretary of state, not the Superior Court.
“Basically, SchoolCare and the Secretary of State are trying to argue that none of these claims brought by Dover, none of these claims brought by Dr. Boston, should be in any court in the state, and these are all issues that should be squarely and solely resolved by the Secretary of State. So that’s really the only lingering issue in that regard,” said Carr.
The lawyer said they’re “hopeful,” based on their comprehension of the law, that a “favorable ruling” will soon come out on the jurisdiction argument.
“Once the jurisdictional issue is resolved, it will be much more clear that the 89 towns and districts likely have causes of action, similar breach of contract actions against SchoolCare to recoup the funds that they were forced to pay under duress, and SchoolCare may not have had a lawful basis to request or receive those funds,” Carr said.
89 members who paid assessment could follow Dover’s lead
Carr explained what the preliminary injunction could mean to the other districts and towns.
“If the jurisdiction were to get resolved favorably, then what those 89 towns and districts would be able to do is piggyback this order, which although it’s directly granting a preliminary injunction, what it’s inherently doing as part of that is saying that we are likely to succeed on the merits of our claim. And one of those claims is the breach of contract claims. So, if we were to be successful on jurisdiction, those other 89 towns and districts would be pretty wise to say that they very well may have viable claims as well,” said Carr.
“This order recognizes that all 89 of those towns and districts may have legal rights to recoup those funds and redeploy them for the betterment of their communities and children, including going toward educational services and staffing. I hope that other towns and school districts will follow the lead of Dover and Dr. Boston and stand up to SchoolCare and demand what’s right,” Carr said in a press release.
He called the judge’s ruling a “huge win for Dover.”
He highlighted one of the immediate results being that district teachers and staff “don’t have to worry about coverage stopping in the middle of a policy period. That’s amazing. We heard stories about a kid who was scheduled to have heart surgery. I believe a staff member needed a kidney transplant. And so, the stakes are very high. And these are people, real humans in Dover, who were worried about how this might go,” said Carr.
“On the flip side, if Dover was forced to pay the ransom, we offered testimony that $1.7 million is the equivalent of about 16 and a half full-time salaries. And we’ve seen in other towns and districts, not just the budget being thrown into crisis, but again, real humans with families being laid off. So it both preserves the status quo for the health coverage for all the fantastic teachers and staff in Dover. And it also, at least for the time being, precludes great teachers and staff within Dover from being laid off,” Carr said.
“I would not want to be the 89th or the 88th town or district that pursues recourse. I think it’s important to act urgently,” said Carr. “I guess I’m on a bit of a personal mission to kind of see all these issues through and to make sure that SchoolCare does not benefit from its own improper conduct. So, we will see what the future holds, but I may very well be representing some of these towns and districts. I would say there’s really no need for any of the towns and districts to wait (for the jurisdictional issue),” said Carr.
Portsmouth agreed to pay assessment ‘under protest’
Trevor McCourt, Portsmouth’s deputy city attorney, said “the city of Portsmouth has not made payment on the $1.57 million assessment at this time. We’ve made arrangement to make that payment by July 15th of this year, and the City Council’s vote was specifically to authorize that payment under protest.”
McCourt said “the last act of the City Council was to agree to make that payment under protest. Certainly, I don’t know what the plan will be moving forward. We plan to make the payment. We continue to make our monthly payments.”
He said they’re “certainly encouraged” by the ruling out of the Strafford Superior Court, and that he personally has already commented “pretty publicly, I agree with the position that Dover is taking.”
What’s next for the case?
Carr said right now, they have “a laser focus on an order on the jurisdictional issue, just so we can make sure that we’ve got the green light to keep these claims in court where we feel like they belong.”
Carr said if they receive a favorable ruling on jurisdiction, they’re attention will be on prosecuting their case and going to trial if needed.
“One of the elements of getting a preliminary injunction is the court has to find a likelihood of succeeding on the merits, meaning that the court is not quite, but kind of pre-adjudicating whether our claims are going to win or not,” said Carr. “So, for the court to find at this early stage that we’ve met that threshold is a great indication, but it doesn’t necessarily mean game over. What it means game over for is that Dover does not have to pay the $1.7 million now. The case will proceed on a 12-month trial track after this, and whether it’s through a jury trial or through pre-trial briefing, we will be hopeful to get a result saying that we never have to pay the $1.7 million.”
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