New Hampshire
NH Supreme Court defends $50,000 payout to top Judicial Branch employee
Justices on the New Hampshire Supreme Court are defending an irregular personnel maneuver that allowed a top state court employee to collect nearly $50,000 in employment benefits following a layoff that lasted just 48 hours.
The sitting justices — with the exception of Justice Anna Barbara Hantz Marconi — issued a statement Thursday evening saying that Dianne Martin’s removal from her position as the top administrator of the state court system and subsequent hiring into a new role in the Judicial Branch two days later was in line with “standard personnel policies.”
Chief Justice Gordon MacDonald, along with Justices Patrick Donovan, Melissa Countway, and Bryan Gould, issued the statement in response to reporting by New Hampshire Public Radio that described how Martin was able to cash out her unused sick and vacation time before transitioning into her new position, a benefit other state government employees are typically not granted when moving between state jobs.
The state Judicial Branch had earlier declined to respond to a detailed list of questions NHPR sent prior to publication, or respond to a whistleblower’s allegations that MacDonald — who has a long professional relationship with Martin, including when she served as his chief of staff — helped orchestrate the payout.
Late Thursday, however, the justices issued a statement acknowledging “public interest” in the matter.
“The Court remains committed to responsible stewardship of public resources and to maintaining the effective administration of justice across the state,” the four justices wrote.
According to the statement, Martin was removed as director of the Administrative Office of the Courts on March 3 as part of a “reorganization” that called for the elimination of the position. The justices say that realignment was part of a cost-cutting review that began in early 2024.
On the same day Martin was removed from her position, however, the state Supreme Court announced an interim replacement for her in the role of director, calling into question the claim that the position was eliminated. In fact, the administrative director position would remain filled by Judge Chris Keating, Martin’s replacement, until mid-October — a full six months — when the Judicial Branch then formally announced the abolishment of the position. (Keating now holds the title of State Court Administrator, a job that assumes many of the responsibilities of the former administrative director, along with other new responsibilities.)
Justices defend handling of Martin’s transition
Internal personnel records obtained by NHPR showed that Martin was laid off on April 1 but was rehired into a new job as general counsel two days later. That brief gap in state employment cleared the way for Martin to cash out her unused sick and vacation time, which was valued at $43,548. She also received $6,307 in “termination pay,” based on her length of employment at the Judicial Branch.
The justices did not respond to a series of questions from NHPR on Friday about why Martin was laid off for two days, instead of directly transitioning into the new position. The statement from the court Thursday said that the New Hampshire Department of Administrative Services, which oversees personnel policies for other branches of government, “reviewed” the transaction. A lawyer for that agency did not respond to a request for comment on when that review took place, or if it raised any concerns about the transactions involving Martin.
When Martin was rehired by the Judicial Branch on April 4 into a new role overseeing applications to practice law in the state, the job was already filled by a veteran in-house legal counsel, Sherry Hieber. Hieber had previously informed the court about her plans to retire that summer. Martin and Hieber would simultaneously hold the position for five months, with each earning a salary of more than $154,000.
The position is funded entirely through bar admission and application fees, and doesn’t come out of the courts’ general fund budget, the justices said.
In defending the overlap, the justices said they “determined that Ms. Martin should work alongside her predecessor for several months before taking over as General Counsel so that she could absorb the institutional knowledge necessary to the execution of her responsibilities.”
The five-month overlap appears to violate the Judicial Branch’s own personnel rules, however, which state that any dual appointments to the same position cannot last longer than two weeks. A court spokesperson declined to respond Friday as to why the justices appear to have sidestepped their own rules.
The justices’ statement also did not address claims made by a whistleblower who said that moving Martin into the new position was the “chief’s idea,” an apparent reference to MacDonald. Handwritten notes obtained by NHPR through a public records request show that the whistleblower told a state official that “Dianne won’t accept the transfer because she wants the layoff payout $.”
Martin remains employed with the Judicial Branch as a general counsel, and reports directly to MacDonald.
Two of the state’s current five Supreme Court justices were not sitting on the bench when Martin’s job moves took place earlier this year. Gould, who signed onto Thursday’s statement from the court, was only confirmed to his seat on the bench in September, months after Martin’s change in jobs. Hantz Marconi, who did not sign Thursday’s statement, was on administrative leave from the bench earlier this year, as she faced criminal charges related to attempting to meddle into an investigation involving her husband, the state’s port director.
Earlier this week, Gov. Kelly Ayotte declined to comment on if she would support an investigation into the payments to Martin, saying it involved a separate branch of government. She did tell reporters, though, “that everyone in government, every branch, has to follow the laws and the rules. And so I want to make sure that happens.”
On Thursday, top New Hampshire House Republicans said that they were preparing to take action when they return to Concord early next year on a range of issues involving the judiciary.
“I think we’re going to see a number of cases come up over the next few months where the legislature uses our authority to hold the justices, the judicial branch, accountable,” said Rep. Joe Sweeney, the House’s deputy majority leader.
Sweeney declined to say which judicial officials or what conduct he sought to review.
“I think as we continue to uncover certain things that are happening behind the scenes, we’ll then come out with different plans for different judges,” he said.
New Hampshire
N.H. lawmakers to vote on increasing tolls, civil rights, and k-12 education – The Boston Globe
One proposal (Senate Bill 627) would generate more than $53 million per year in estimated revenue for turnpike projects by essentially doubling what certain cars pay on the state’s toll roads.
The cash fare for Hampton’s main toll booth on Interstate 95, for example, would jump from $2 to $4 for cars and pickup trucks. The toll wouldn’t increase at all for motorists who use New Hampshire’s E-ZPass transponders.
“Surrounding states already have the same in-state discount structure in place,” Democratic Representative Martin Jack of Nashua wrote on behalf of a House committee that unanimously recommended the bill.
A potential hitch: Governor Kelly Ayotte. She’s expressed opposition to the whole toll-hiking idea, and proven she’s not afraid to use her veto pen.
Modifying civil rights standard
Another proposal (Senate Bill 464) would add a few words to the state’s Civil Rights Act. Instead of addressing conduct that is merely “motivated by” a legally protected characteristic, the proposed revision would address conduct that is “substantially motivated by hostility towards the victim’s” protected characteristic (such as their race, color, religion, national origin, ancestry, sexual orientation, sex, gender identity, or disability).
The prime sponsor, Republican Senator Daryl Abbas, an attorney, testified the change was small and aligned with the law’s intent. But the attorney who oversees the Civil Rights Unit at the New Hampshire Department of Justice, Sean Locke, testified in opposition, saying the proposal could reduce protections, especially since the meaning of “substantially” is somewhat vague.
The House is also weighing a proposed amendment that would add a few more words than Abbas’s version, potentially narrowing the Civil Rights Act’s applicability a bit further.
Open enrollment for K-12 schools
A third proposal up for a vote on Thursday (Senate Bill 101) would make every K-12 public school in New Hampshire an “open enrollment” school. That way, students could freely choose to transfer to a district other than the one where they live.
The proposed policy is controversial, partly because of how schools are funded. Districts rely mostly on local property taxes to cover their costs, as the state government chips in relatively little, and property tax rates vary widely from one community to the next. That generates concern about who will foot the bill when a student transfers.
In light of those concerns, Republicans are offering a compromise amendment to SB 101 that would require the state to provide more money per pupil that a district receives via open enrollment, as the New Hampshire Bulletin reported. Democrats are offering their own amendment to establish a study commission on this topic, rather than adopt the proposed policy now.
Lawmakers have until May 14 to take action on the bills that came from the other chamber, though they have until June 4 to iron out any discrepancies.
Amanda Gokee of the Globe staff contributed to this report.
This story appears in Globe NH | Morning Report, a free email newsletter focused on New Hampshire, including great coverage from the Boston Globe and links to interesting articles elsewhere. Sign up here.
Steven Porter can be reached at steven.porter@globe.com. Follow him @reporterporter.
Boston MedFlight often touches down at the scene of some of the worst tragedies in New England – where minutes can mean life or death for a victim. The critical care transport operation is now expanding with a new base in New Hampshire.
The organization is hosting an open house at the new Manchester location on Thursday.
Boston MedFlight flies a critical care transport paramedic and nurse on every flight. Jaik Hanley-McCarthy says their helicopters and ground vehicles are equipped to handle just about any emergency medical procedure.
“Anything that can be done in the ICU,” explained Hanley-McCarthy. “We have a mobile lab so we can draw blood and run labs in real time.”
Boston MedFlight now has five bases across the region.
“Having a base in Manchester just expands this Boston-level care even further north to the more remote areas of the state,” said Hanley-McCarthy.
Boston MedFlight operates as a network of bases and some of the locations are staffed 24 hours.
Chief Executive Officer Maura Hughes says the nonprofit operation survives on public and private donations.
“We provide about $7 million in free care every year to patients,” said Hughes. “Not every hospital can be everything to every patient. We’re really the glue that keeps the health care system together.”
Heather Young says her daughter, Teighan, is still alive because she was flown for a critical assessment and procedure after falling off a truck and hitting her head.
“She should not be driving and walking and talking and all the things she’s doing as quickly as she is,” said Young.
Teighan just turned 18 and plans to go to college to study the medical field.
“I want to be a nurse and help other people,” she said.
It’s stories like this that keep the men and women who work Boston MedFlight focused on their mission.
“I think we just go call by call and try to do the best we can,” said Hanley-McCarthy. “I think when we stop and truly think about it, I think that weight is pretty heavy.”
Boston MedFlight also has a yearly reunion where patients and the team get together here in Bedford to meet and check in on their progress. It really shows you how connected they are to the people they help.
New Hampshire
Hiker who set out in warm spring weather found dead after snowstorm in New Hampshire mountains
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A Massachusetts hiker who set out in warm spring weather was found dead deep in New Hampshire’s White Mountains after a snowstorm dumped several inches of snow in the area, authorities said.
Kent Wood, 61, of West Roxbury, was discovered Tuesday evening on a remote section of the Kinsman Pond Trail in Franconia Notch, about 5.5 miles from his vehicle, according to New Hampshire Fish and Game.
Wood had driven to Franconia Notch on April 17 for a weekend camping and hiking trip, and set out on a hike the next morning in warm, clear weather, officials said. Family and friends last heard from him Saturday afternoon.
When he failed to return or make contact for two days, officials said relatives reported him missing Tuesday morning, prompting a large-scale search.
HIKER IDENTIFIED, POPULAR TRAIL CLOSED AFTER DEADLY FALL A UTAH’S ZION NATIONAL PARK
An aerial view of Franconia Notch State Park in New Hampshire, where a hiker was found dead on Tuesday. (Joseph Sohm/Universal Images Group, File)
Rescuers quickly learned Wood had packed for mild conditions, not the three to five inches of snow that fell in the area between Sunday and Monday.
Fog hovers over a narrow road through Franconia Notch in the White Mountain National Forest in New Hampshire on Dec. 27, 2021. (Andrew Lichtenstein/Corbis)
Search teams from Fish and Game, PEMI Valley Search and Rescue, and the Army National Guard launched a coordinated effort, focusing on the Lonesome Lake and Kinsman Pond areas.
FAMILY’S SPRING BREAK HIKE TURNS INTO LIFE-OR-DEATH RESCUE AFTER PARENT FALLS 70 FEET OFF UTAH CLIFF
Conservation officers located Wood’s body around 7:41 p.m. Tuesday. Crews carried him out overnight, reaching the trailhead shortly after 1 a.m. Wednesday.
Franconia Notch and the Appalachian Trail are seen in New Hampshire on Sept. 21. (Carol M. Highsmith/Buyenlarge/Getty Images)
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Since Friday, six hikers from Massachusetts have been rescued in the White Mountains, Fish and Game said.
Officials are reminding hikers that winter conditions still grip the mountains, with snow, freezing temperatures and rapidly changing weather.
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