The JCC’s inquiry began in November 2025, following New Hampshire Public Radio’s (NHPR) October 23, 2025, report by Todd Bookman, which exposed the unusual payout. The committee interviewed top judicial officials, including Associate Justices Melissa Countway, Patrick Donovan, and Bryan Gould, and reviewed the October 31, 2025, court statement. John Mullen, chair of the JCC, acknowledged the settlement deprived the public of full transparency but stated it was in the public’s best interest
given MacDonald’s immediate resignation and admission of guilt. MacDonald waived further hearings and agreed to pay the JCC’s legal fees, which included attorney Phil Waystack. The JCC’s order emphasized that allowing MacDonald to retain his judicial commission would run counter to constitutional principles, citing the need to remove him from public trust.
Gordon MacDonald Resigns as Chief Justice of NH Supreme
He had been on medical leave since late July 2026, with no explanation provided. Appointed to the bench in 2021 by then-Gov. Chris Sununu, MacDonald previously served as New Hampshire’s attorney general. His career included private practice and involvement in state Republican politics. He grew up in the Hanover area and attended Dartmouth College, before receiving a law degree at Cornell. The 11-member JCC, an independent panel of judges and lawyers, investigated the matter after the Supreme Court’s October 31, 2025, statement raised concerns about its “accuracy.” The committee’s findings highlighted that MacDonald’s actions failed to promote public confidence
and failed to avoid favoritism
in personnel decisions related to Martin.
NH Chief Justice MacDonald announces resignation; ethics probe loomed
The sequence of events began with NHPR’s October 23, 2025, report, which alleged that MacDonald orchestrated the payout to Martin, a whistleblower’s claims, and the Supreme Court’s subsequent defense of the transaction as standard personnel policies.
The JCC’s inquiry concluded that the court’s statement misrepresented the nature of Martin’s removal and rehire, exacerbating the ethical breach. The settlement, approved by a specially assigned panel of Supreme Court justices, did not include the current associate justices. MacDonald’s resignation ended his five-year leadership of the New Hampshire Judicial Branch. The JCC’s summary noted that the long-standing and serious concerns
about Martin’s management of the AOC were confirmed through evidence, leading to the violations cited in the agreement.
The case underscores tensions between judicial accountability and transparency, with the JCC prioritizing immediate resignation over prolonged proceedings. MacDonald, 64 years old, was not subject to mandatory retirement until age 70. The incident also highlights the role of media in uncovering judicial misconduct, as NHPR’s reporting directly prompted the JCC’s investigation. While the settlement allowed MacDonald to avoid a public trial, it left unresolved questions about the extent of his involvement and the broader implications for judicial ethics. The JCC’s decision to drop its investigation and accept the settlement reflects a balance between procedural efficiency and the need to maintain public trust in the judiciary.