Former House Speaker asks AG to probe UNH Law judicial ethics conference

Manchester and New Hampshire readers should note that a dispute over a law school conference has added a new layer to the state's governor's race. Rep. William O'Brien, a former Republican Speaker of the House, sent a letter to Attorney General John Formella on Friday. O'Brien wants Formella to investigate a conference at the University of New Hampshire Franklin Pierce School of Law. The event is titled Judicial Conduct: Accountability, Due Process, and Public Trust and is currently set for Nov. 10.

O'Brien argues the planning of the October 29 date constituted improper assistance to partisan campaigns. He noted the conference was already rescheduled to Nov. 10 due to his initial complaint. In his letter, O'Brien stated that the publicly funded event provides in-kind aid to the Democrat gubernatorial campaign. He emphasized that the timing aligns with efforts to make the judicial-conduct controversy an election issue.

The conference is sponsored by UNH Law's Warren B. Rudman Center. It features Robert Mittelholzer, the executive secretary of the Judicial Conduct Committee, along with the committee's investigator. Mittelholzer said the event fulfills a requirement under New Hampshire Supreme Court Rule 39 to educate the public on the committee's general functions. He clarified that the session is intended to explain procedures rather than discuss individual cases.

The dispute arises as the public waits for news on three remaining Supreme Court justices. These justices are potentially under investigation for their role in a press release that contributed to the resignation of Gordon MacDonald. MacDonald stepped down on Sept. 15 after admitting to violating the code of Judicial Conduct. He helped Dianne Martin, the then-director of the Administrative Office of the Courts, obtain a $50,000 payout. Martin was later laid off and rehired in a different position. MacDonald and the three other justices issued a joint statement about the events that was later found to be untrue.

Gov. Kelly Ayotte, a Republican seeking reelection, has offered limited comments on the court scandal. She expressed disappointment in MacDonald's behavior but did not respond to requests for comment regarding O'Brien's specific letter. A spokesman for Formella said the Attorney General had no comment on the request as of Monday. By executive order, Ayotte has also made the Judicial Selection Commission all-Republican, a move that has drawn scrutiny.

Jon Levin, communications director for Cinde Warmington's campaign, reacted to the complaint in a statement. He thanked O'Brien for highlighting what he called a culture of corruption enabled by Ayotte. Levin described the complaint as laughable, contrasting it with Ayotte's claim that she is moving New Hampshire in the right direction. The three justices currently under public scrutiny are Melissa Countway, Patrick Donovan, and Bryan Gould.

Court watchdog Christopher Gregory, based in Colorado, recently filed a complaint against those three justices. He stated his complaint was recently dismissed for lack of standing. Gregory said he plans to file additional complaints against Justice Will and Judge Christopher M. Keating. He also requested formal reconsideration of the dismissal. A hearing in the case of Justice Anna Barbara Hantz Marconi is scheduled for December, where Sununu and MacDonald will likely testify.