New Hampshire
Distant Dome: The Politicization of the Judiciary
By GARRY RAYNO, Distant Dome
Courts have always been the last resort for protecting people’s rights.
When lawmakers and the administration failed you, you could turn to the courts for an unbiased opinion.
Unfortunately, that unbiased opinion is currently thought to be more than slightly tainted judging by some of the decisions made by courts, particularly the US Supreme Court with the potential for tarnishing New Hampshire’s.
However, if you believe courts are inherently nonpolitical, you are either naive or do not know how judges arrived at their lifetime appointments.
In New Hampshire, judges are nominated by the governor and approved by the Executive Council, much like in Washington where the president nominates and the US Senate approves.
Think back to recent nominees from the Trump administration who all came pre-approved by the Federalist Society, an oligarchy-funded Libertarian leaning organization with access to more money than any of us will ever see in our lifetimes to ram their golden boys and girls through the Senate.
And if you do not believe the US Supreme Court is openly partisan then why is gerrymandering fine in Republican Alabama and Louisiana, but not in Democratic Virginia?
The US Supreme Court has been partisan since the Republican majority stopped the vote counting in Florida after the 2000 election.
In New Hampshire, the nominees often come from the ranks of superior court justices, but lately have also come from the governor’s office or administration or the attorney general’s office.
And their partisan leanings do tend to closely follow those of the individual nominating them although there once was an unwritten rule at least one supreme court justice has to be from the minority party — usually a Democrat — but since judge Gary Hicks left the bench with his 70th birthday in November 2023, there has been no Democrat on the state’s high court.
The court is set to decide the Rand education funding case with the state’s brief due next month, and oral arguments before the end of the year.
The court just recently ruled on a very similar education funding case decided by the same judge who wrote the Rand decision, Superior Court judge David Ruoff, that the state has failed to meet its constitutional obligation to provide and fund an adequate education for the state’s children.
The Rand case went a step further saying the state education funding system using local property taxes to cover the vast gap between what the state pays for an adequate education and its costs, is unconstitutional because local property taxes have widely varying rates when the state’s constitution calls for proportional and reasonable taxation.
For more than 30 years, the foundation of the state’s education system and its funding has been the two Claremont decisions first finding public education is the state’s responsibility to provide and fund, and then that the state’s funding system was unconstitutional.
The state has already stated it will ask the court to overturn the two Claremont decisions in its repeal of the Rand case.
The Attorney General’s Office would not ask for the Claremont decisions to be overturned without the consent of Gov. Kelly Ayotte, and if it did, the attorney general would be unemployed and that is not the case.
The attorneys for the Rand plaintiffs, a group of commercial and residential property owners, hence property taxpayers, asked four of the five Supreme Court justices to recuse themselves from the case and they all refused.
Chief Justice Gordon MacDonald was the Attorney General when the state fought the ConVal education lawsuit and a key player in developing the state’s strategy and execution.
He recused himself from that case because he was the attorney general when it was fought in superior court, but not in the Rand case saying the two cases are different, he has a constitutional duty to sit, he has no association with the Rand case, and he swore to be unbiased and therefore should be assumed to be unbiased.
But the court’s rules on recusal are fairly clear when a judge should step aside.
“A judge shall disqualify himself or herself in any proceeding in which the judge’s impartiality might reasonably be questioned, including but not limited to the following circumstances:” the rule reads and goes on to list a number of instances when recusal should be the practice.
The key here is “not limited to” which makes it more expansive, not narrower.
In his order dismissing the recusal motion, MacDonald took the opportunity to slap the hands of the plaintiffs’ attorneys.
“In this case, it is perfectly appropriate for plaintiffs’ counsel to argue the facts and law surrounding whether this is the same ‘matter in controversy’ or that I should not be sitting on a matter involving the potential overruling of a case from which I was just disqualified.
“However, it is not appropriate to suggest, as plaintiffs’ counsel do, that if the outcome they seek — my disqualification — is not achieved, then the integrity of the court, public confidence in the judiciary, and the rule of law itself will be undermined. It has been a highly unfortunate development in our recent national history for public officials to attack judges and courts based on outcomes in cases. Here, the plaintiffs’ arguments are of a similar ilk: if their motion is denied, the court will necessarily lack integrity.
“Such attacks by public officials are not appropriate. Among other consequences, they threaten judicial independence. Because lawyers occupy a special place in our legal system, they should guard against such illegitimate attacks, rather than take a page from the same playbook,” MacDonald wrote.
His potential bias in the Rand case does not disrupt the integrity of the court, but questioning his potential bias does evidently.
Using MacDonald’s logic, how does the integrity of the court not be questioned when Gov. Ayotte blasts the same Supreme Court when it made a ruling she did not like in the ConVal case?
“The court reached the wrong decision today. The fact is, New Hampshire is top 10 in the country when it comes to funding our children’s education,” Ayotte said in a statement about the supreme court’s 3-2 decision affirming Ruoff’s ConVal decision.
And the other thing about her statement, the state may be in the top 10 for spending on public education, but most of that money is from local property taxes, whereas the state is dead last in the percentage of money it spends on education which is why there were the Claremont, Londonderry, ConVal and Rand lawsuits over the years.
On the Legislative side, Senate President Sharon Carson and House Speaker Sherman Packard – the Legislature’s two top Republicans – issued a joint statement criticizing the ConVal decision calling it judicial overreach.
“We are disappointed that the Court continues to insert itself into the Legislature’s role in determining state aid to local school districts,” they said.
The integrity of the court may have taken a bigger hit from the controversy over the dismissal, short-term layoff, and rehiring of Dianne Martin, the former administrative director of the judicial branch, who has been aligned with MacDonald.
A whistleblower raised the issue of the quick turnaround that allowed her to collect nearly $50,000 in severance and owed benefits.
And former associate justice Anna Barbara Hantz Marconi did the court’s reputation no favors when she went to then Gov. Chris Sununu concerning the attorney general’s investigation into her husband Geno Marconi, who was the director of NH Port Authority.
When she came back onto the court after her administrative leave, she had the good sense to recuse herself from all cases involving the attorney general’s office.
Two of the four attorneys the plaintiffs asked to recuse themselves were at the attorney general’s office and involved in the Claremont and ConVal cases.
Associate Justice Patrick Donovan was one of the attorneys fighting the original Claremont lawsuit, the court is now being asked to overturn by the state.
Associate Justice Daniel Will was the solicitor general working with MacDonald in developing the strategy of and oversaw the state’s legal fight and worked with two of the attorneys who will argue the state’s case in the Rand case before the Supreme Court.
Bryan Gould was a long time attorney for the state Republican Party and Republican causes including issues raised over the original Claremont decisions.
He called the plaintiffs’ contentions “innuendo” in his dismissal of the recusal motion, while the plaintiffs noted in their request for reconsideration, “the public statements and expressions of concern that Plaintiffs documented are not ‘innuendo.’ They are legitimate, on-the-record evidence that reasonable members of the public have, in fact, questioned Justice Gould’s impartiality.”
With four of the five justices on the court associated with cases if not issues that will be front and center in the Rand appeal, no matter which way they rule, there is bound to be concern how unbiased any human being can be in such a controversial situation.
That certainly appears to comply with “A judge shall disqualify himself or herself in any proceeding in which the judge’s impartiality might reasonably be questioned.”
Garry Rayno may be reached at garry.rayno@yahoo.com.
Distant Dome by veteran journalist Garry Rayno explores a broader perspective on the State House and state happenings for InDepthNH.org. Over his three-decade career, Rayno covered the NH State House for the New Hampshire Union Leader and Foster’s Daily Democrat. During his career, his coverage spanned the news spectrum, from local planning, school and select boards, to national issues such as electric industry deregulation and Presidential primaries. Rayno lives with his wife Carolyn and their two rescue dogs.
New Hampshire
Hudson, NH, man accused of ramming couple’s SUV in drunken road‑rage incident
HUDSON, N.H. — A 70‑year‑old Hudson man is behind bars after police say he rammed another vehicle in a road‑rage attack on Thursday afternoon, tried to pull open the driver’s door and later registered twice the legal limit on a breath test.
Richard Feener was arrested at his home about 30 minutes after the confrontation at Library and Central streets, where a Litchfield, New Hampshire, couple — a 66‑year‑old man and 67‑year‑old woman — told police their SUV was struck multiple times by a white Ford Escape that had been tailgating them since Lowell Road, according to the Hudson Police Department.
The couple told police that at about 3:45 p.m. Feener threw what they described as a “temper tantrum” before intentionally crashing into the rear of their vehicle three times. Police said he then got out, approached the driver’s side door and tried to pull it open while yelling, before returning to his SUV and sideswiping their vehicle as he fled.
No injuries were reported.
A third‑party witness allegedly confirmed the tailgating, the confrontation at the door and the intentional sideswipe.
Police said they traced the Ford’s veteran license plate to Feener’s home on Barbara Lane about 30 minutes after the reported incident. There they found the SUV with a warm hood and fresh damage consistent with the victims’ account.
According to police, Feener told officers from his doorway that he had been home for about four hours and admitted to drinking but claimed he had not driven recently.
When officers pointed out the fresh damage on his vehicle, he allegedly said it had been there for a while. Police said that they could smell the odor of alcohol on his breath, and when asked what time it was, Feener said it was 8 p.m. despite it being hours earlier.
In addition to appearing intoxicated, and giving inconsistent statements, he struggled to complete field sobriety tests. A breath test later registered a blood‑alcohol concentration of 0.16, according to police.
Feener was charged with three counts of reckless conduct with a deadly weapon, a Class B felony; aggravated driving while intoxicated, a Class A misdemeanor; driving under the influence, a Class B misdemeanor; conduct after an accident, a Class A misdemeanor; and disorderly conduct, a violation.
At his arraignment Friday in Nashua District Court, Judge Amy Manchester entered no plea on the felony charges and not guilty pleas on the misdemeanors and violations.
Prosecutors acknowledged the seriousness of the allegations but noted Feener has “little to absolutely no criminal or vehicle history,” citing only a 2002 Massachusetts assault‑and‑battery case that was continued without a finding — a disposition in which a defendant admits the facts but avoids a conviction if they complete probation.
The prosecution described Wednesday’s incident as a “one‑off” and requested $500 cash bail with conditions including no driving, no contact with the victims and mandatory drug and alcohol treatment. The defense agreed, saying the episode stemmed from a substance‑abuse issue.
Manchester rejected the joint recommendation.
“Despite your agreement, I can’t accept this,” she told the attorneys.
Turning to Feener, she added, “I find you to be a danger to the community, and I am going to detain you without bail.”
Feener is scheduled to return to court for a probable cause hearing at 10 a.m. on June 22.
Follow Aaron Curtis on X @aselahcurtis, or on Bluesky @aaronscurtis.bsky.social.
New Hampshire
Evolution of Sheldrick Forest in New Hampshire – Monadnock Ledger-Transcript
New Hampshire is not for want of trees: It’s the second most-forested state, second only to Maine.
Such an abundant tree canopy may make it easy to think this is what the state has always looked like. But, as Nikki Andrews, the steward of the Sheldrick Forest in Wilton, knows, that’s not the case.
“The forest changes every time you come,” she said on a recent May morning out in the Sheldrick Forest. Andrews was doing a walkthrough of the hike she planned to lead a few days later as part of Wilton’s town-wide celebration of the country’s 250th birthday. Her husband, Dave, and the co-chair of the celebration, Sara Spittel, tagged along.
In the morning sunshine, the early spring leaves glinted pale green. Fresh vegetation was beginning to push its way up through the leaf litter. The Andrewses have been stewards of this forest for over 30 years. Over these decades, Nikki Andrews has developed a deeply personal relationship with the woods.
“You feel like you’re watching your kids grow, and then they outgrow you,” she said.
Andrews wanted to use the hike to show how these small changes have added up to massive evolutions over the centuries.
Plus, Spittel said organizers wanted to showcase the forest’s connection to the Pine Tree Rebellion, a 1772 riot in Weare over British attempts to regulate white-pine logging.
“We may have some of those pine trees that are still here in our forest,” Spittel said. “That all happened even before things were happening in Boston. New Hampshire was rising against the king.”
Only a small grove of these colonial-era pines remains, a cluster of towering red and white pines dubbed “The Valley of Giants.” Andrews planned her route so her group would hike out to them, but only after climbing a path that helped tell the forest’s story over millennia.
Andrews started her story thousands of years ago.
“All this area was shaped by the glaciers,” she said, hiking up a steep pitch along something called a glacial moraine.
“A moraine is a pile of rocks, gravel… pushed up by a glacier either at the end of the glacier or along the sides,” she said.
She explained that underneath the fallen leaves, the soil the glaciers left behind across New Hampshire was rocky.
For thousands of years, Abenaki people stewarded this land. In the 18th century, European colonists arrived in the area from Massachusetts and the Seacoast. Andrews explained that the landscape they encountered was probably heavily wooded, but they quickly transformed it, razing the forest to build homes and start farming. But, as Andrews explained, the colonists had to change their plans pretty soon.
“The soil’s lousy for crops,” she said. “So [the colonists] pulled all those rocks they had pulled out from the field to make walls for the sheep.”
As our hike continued, Andrews reached a dirt path flanked by moss-covered stone walls that were hard to distinguish from the surrounding forest.
Andrews said that this was the remnant of a country road: Roughly 250 years ago, at this exact spot, there would have been foot, horse, and wagon traffic making its way up and down the thoroughfare.
“People would have been taking their products to market and vice versa,” she said.
The road led down to the glacial moraine, to the valley floor, to the grove of quarter-million-year-old pines. In the shadow of the sheer face of the glacial moraine we had just hiked up and over, the grove stood almost hidden, its tall, skinny trees.
Andrews patted the trunk of one of them.
“This was alive when Washington was,” she said. “This was a seedling when Washington was alive.”
But the landscape around this tree, like the country as a whole, changed as the pine grew. People gradually abandoned their farms and fields for better opportunities out west and south, Andrews said.
And the forest came back, roots pushing through abandoned walls and mountain laurel growing on forgotten thoroughfares.
“This land … was just sort of neglected, which was fine,” she said. “Trees don’t need us.”
Eventually, the trees grew back into a proper forest, which made it attractive to loggers. It was lumbered periodically, and for decades, trees grew only to be cut, over and over.
It was not until the 1990s that anyone realized the forest was worth protecting. When a plan for condos on this site was proposed, local conservationists sprang into action. Via a donation, the Nature Conservancy came into possession of the land. For the past 30 years – and for perpetuity into the future – it’s been spared from logging and development.
But Andrews emphasized that even though the forest is now protected, it will continue to change. Standing under one of the old pines, she forecast its future.
“Ten, 20 years, it may fall down, and in another 60 to 100 it will be soil. So these things just last and last in many forms,” she said.
These articles are being shared by partners in The Granite State News Collaborative. For more information, visit collaborativenh.org.
New Hampshire
Ayotte Vetoes Three Bills, Signs 18 Others
By PAULA TRACY, InDepthNH.org
CONCORD – The governor announced Friday she signed into law 18 bills passed by the legislature, including ones related to cyanobacteria and Senate Bill 619, establishing procedures for expedited court hearings and disposition of confiscated animals.
Gov. Kelly Ayotte, a Republican, also vetoed three bills including one enabling alternative treatment centers to operate a greenhouse cultivation location.
“I do not support expanding the cultivation of marijuana in our state. For this reason, I have vetoed SB 468,” she wrote in her veto message.
Also vetoed was HB 1072 relative to employer notice of department of labor investigations.
“While this bill is the product of thoughtful conversations and important considerations, it unnecessarily restricts the Department of Labor’s critical authority to swiftly respond to emergent situations where employers have failed to pay wages to their employees. New Hampshire families depend on timely paychecks, and we cannot delay the Department’s ability to react in those circumstances,” she wrote.
HB 1643, relative to the report of a guardian ad litem, was also vetoed.
“The role of the guardian ad litem is to assist the court in determining the best interests of the child. To that end, under current law guardians ad litem are directed by the court to gather information and, only if specifically requested by the court, make certain recommendations relating to parenting plans, schedules, and decision-making responsibilities. Ultimately, the court is responsible for making determinations relative to a child’s welfare. This bill would strip the authority of the court to request a guardian ad litem provide recommendations for consideration by the judge and limits information available to the court, which could impede its ability to ensure the best interests of a child,” Ayotte wrote.
The three vetoes will be returned to the Senate and the House in the fall to see whether they are sustained or overridden.
Ayotte did sign the following bills which are now law:
HB 656 — Relative to the authority of local school districts to accept federal grants.
HB 1073 — Clarifying when the secretary of state shall complete the registry of New Hampshire decentralized autonomous organizations.
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HB 1381 — Extending the time of the party filing period.
HB 1425 — Relative to the development of an online wetlands permit processing system.
HB 1495 — Allowing a reimbursement anticipation note to be used as collateral in certain circumstances.
HB 1549 — Establishing that titles, bills of sale, and identification documents are required only at initial registration or transfer of ownership.
SB 499 — Relative to the membership, duties, and reporting requirements of the traffic safety commission.
SB 500 — Relative to restroom access for certain commercial motor vehicle operators.
SB 505 — Relative to applications for guide licenses and repealing the fee for temporary registration of nonresidents relative to OHRVs.
SB 516 — Relative to certain unclassified positions in the department of health and human services.
SB 595 — Relative to rulemaking for transient non-community water systems.
SB 598 — Establishing the cyanobacteria mitigation loan and grant fund task force.
SB 600 — Requiring the governor to submit and present a quarterly fiscal year budget report about the general and education trust funds to the general court fiscal committee.
SB 610 — Allowing the insurance commissioner to approve innovative short or long-term care policies.
SB 619 — Establishing procedures for expedited court hearings and disposition of confiscated animals.
SB 633 — Relative to donations received by the granite patron of the arts fund.
SB 644 — Requiring background checks for solid waste and hazardous waste facility owners.
SB 655 — Relative to employee leasing companies, workers’ compensation coverage options, and a minimum wage exemption for minor league baseball players.
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