Indicted judge: N.H. Supreme Court chief justice said meeting with governor seemed appropriate – The Boston Globe

CONCORD, N.H. — An associate justice on the New Hampshire Supreme Court who was indicted last week over a conversation she had with Governor Christopher T. Sununu said in a court filing Wednesday that the chief justice told her in advance it would be acceptable for her to meet with Sununu.

Associate Justice Anna Barbara Hantz Marconi is facing felony and misdemeanor charges for allegedly telling Sununu on or about June 6 that an investigation by the attorney general’s office into her husband was meritless and needed to wrap up quickly because she had recused herself from important pending cases.

Hantz Marconi, 68, said she communicated with Chief Justice Gordon J. MacDonald ahead of time about her desire to request a meeting with Sununu, and MacDonald signaled doing so seemed appropriate.

“I think you can do that,” MacDonald said, according to Hantz Marconi’s recollection relayed in her court filing. “You are a constituent and have concerns.”

Hantz Marconi called on MacDonald to recuse himself from a disciplinary proceeding against her, saying he would clearly be a witness in her criminal case based on their prior conversation.

The office that oversees attorney disciplinary matters advised the Supreme Court on Monday to suspend Hantz Marconi’s license to practice law immediately, and she responded Wednesday by voluntarily accepting the suspension while continuing to deny the charges.

“She maintains her innocence,” attorneys Richard Guerriero and Oliver Bloom wrote in her response. “Nonetheless, she recognizes that a temporary suspension of her right to practice law is appropriate during her administrative leave while the criminal case is pending.”

Without addressing the particulars of Hantz Marconi’s motion, MacDonald and the other three justices — Senior Associate Justice James P. Bassett, Associate Justice Patrick E. Donovan, and Associate Justice Melissa B. Countway — all recused themselves Wednesday, citing their desire to avoid adjudicating the conduct of a current colleague.

“Our recusal is conditioned upon the availability of substitute justices to participate in this case,” they noted. “In the event that substitute justices are not available, the ‘rule of necessity’ may compel our participation.”

Under the relevant state law, the chief justice or senior associate justice may assign a retired judge to fill a vacancy temporarily. If a retired Supreme Court justice is unavailable, they can assign a retired Superior Court judge. If that’s not possible, they can appoint a current Superior Court judge. If there is still no one available, they can select from the current district and probate court judges.

It was not immediately clear who might be on the clerk’s list of judges willing to serve temporarily as Supreme Court justices.

Spokespeople for the New Hampshire Supreme Court and the New Hampshire Department of Justice declined to comment on Hantz Marconi’s filing.

Geno J. Marconi, Hantz Marconi’s husband, was indicted Thursday by a grand jury on felony witness tampering and other charges. Marconi is the director of the New Hampshire Port Authority.

Steven Porter can be reached at steven.porter@globe.com. Follow him @reporterporter.