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New Hampshire Supreme Court

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New Hampshire Supreme Court
State-Supreme-Courts-Ballotpedia-template.png
Court Information
Justices: 5
Founded: 1876
Location: Concord, New Hampshire
Salary
Associates: $197,945[1]
Judicial Selection
Method: Direct gubernatorial appointment
Term: Until retirement or the age of 70
Active justices
Melissa Beth Countway, Patrick E. Donovan, Anna Barbara Hantz Marconi, Gordon MacDonald


Founded in 1876, the New Hampshire Supreme Court is the state's court of last resort and has five judgeships. The current chief of the court is Gordon MacDonald.

As of August 2021, three judges were appointed by a Republican governor and two judges were appointed by a Democratic governor.

The New Hampshire Supreme Court meets in the Supreme Court Building in Concord, New Hampshire.[2] The court's general term begins in January, and the court holds regular sessions during the year.[3]

In New Hampshire, state supreme court justices are selected through direct gubernatorial appointment. Justices are appointed directly by the governor without the use of a nominating commission.[4] There are five states that use this selection method. To read more about the gubernatorial appointment of judges, click here.

Jurisdiction

The New Hampshire Supreme Court hears appeals from state trial courts and administrative agencies. The court may issue writs of certiorari, prohibition, habeas corpus, and other writs.[5]

Most appeals filed in a timely manner require mandatory review on merit by the supreme court. The court may decide whether to hear oral arguments or decide the case on written briefs. The court may correct errors in trial court proceedings.[6] In some cases, the supreme court may use its discretion in deciding whether or not to accept an appeal for review. Examples of discretionary appeals include administrative appeals and petitions for original jurisdiction.[7]

The court may interpret case law, statutes, and the state and federal constitutions. The supreme court is also responsible for administration of the courts and admission of attorneys into the bar. Since 1977 the supreme court has overseen the disciplinary process of judges through the judicial conduct committee.[8][9]

The court may also issue advisory opinions at the request of the legislature or the governor and executive council. Opinions may be issued for actions that are being considered and usually involve questions about constitutional law.[10]

The following text from Section 490:4 of the New Hampshire Revised Statutes covers the jurisdiction of the court:[11]

The supreme court shall have general superintendence of all courts of inferior jurisdiction to prevent and correct errors and abuses, including the authority to approve rules of court and prescribe and administer canons of ethics with respect to such courts, shall have exclusive authority to issue writs of error, and may issue writs of certiorari, prohibition, habeas corpus, and all other writs and processes to other courts, to corporations and to individuals, and shall do and perform all the duties reasonably requisite and necessary to be done by a court of final jurisdiction of questions of law and general superintendence of inferior courts.[12]

Justices

The table below lists the current justices of the New Hampshire Supreme Court, their political party, when they assumed office, and the appointing governor.


Judicial selection

See also: Judicial selection in New Hampshire

The five justices on the New Hampshire Supreme Court are selected by gubernatorial appointment. The governor's nominee must be confirmed by the New Hampshire Executive Council.[13][14] The five members of the executive council are chosen every two years in partisan elections.[15] As of April 2023, it had been customary since 2000 for the governor to establish a judicial selection commission by executive order to seek out, evaluate, and recommend candidates for nomination.[16][17]

Justices may serve on the court until they reach the mandatory retirement age of 70.[18]

Qualifications

State law does not stipulate any particular qualifications for appointment to the supreme court.[19]

Chief justice

The chief justice of the supreme court is selected by gubernatorial appointment. The position of chief justice is a specific seat on the court rather than a temporary leadership position.[20][19]

Vacancies

See also: How vacancies are filled in state supreme courts

Vacancies on the court are filled through gubernatorial appointment. A judicial selection commission recommends candidates to the governor, the governor selects a candidate, and the candidate must be confirmed by the Executive Council.[19] There is one current vacancy on the New Hampshire Supreme Court, out of the court's five judicial positions. The map below highlights how vacancies are filled in state supreme courts across the country.


Appointments

2025

See also: New Hampshire Supreme Court Justice vacancy (August 2025)

Governor Kelly Ayotte (R) appointed Bryan Gould to the New Hampshire Supreme Court, to replace Justice James Bassett, who retired on August 31, 2025. Ayotte appointed Gould on August 26, 2025.[21] Gould is Governor Ayotte's (R) first nominee to the five-member supreme court. Gould was confirmed on September 17, 2025, and sworn in on September 18, 2025.[22]

In New Hampshire, state supreme court justices are selected through direct gubernatorial appointment. Justices are appointed directly by the governor without the use of a nominating commission.[23] There are five states that use this selection method. To read more about the gubernatorial appointment of judges, click here.

Vacancies on the court are filled through gubernatorial appointment. A judicial selection commission recommends candidates to the governor, the governor selects a candidate, and the candidate must be confirmed by the Executive Council.[19]

2023

See also: New Hampshire Supreme Court justice vacancy (November 2023)

Governor Chris Sununu (R) appointed Melissa Beth Countway to the New Hampshire Supreme Court on November 8, 2023 to succeed Justice Gary Hicks. Her nomination was confirmed by the New Hampshire Executive Council on December 21, 2023.[24] Countway will serve until July 18, 2041, when she will reach the mandatory retirement age of 70 years.[25]

Countway replaces Justice Gary Hicks, who retired on November 30, 2023, due to reaching the court's mandatory retirement age. His replacement was Governor Sununu's (R) fifth nominee to the five-member supreme court.

In New Hampshire, state supreme court justices are selected through direct gubernatorial appointment. Justices are appointed directly by the governor without the use of a nominating commission.[26] There are five states that use this selection method. To read more about the gubernatorial appointment of judges, click here.

Vacancies on the court are filled through gubernatorial appointment. A judicial selection commission recommends candidates to the governor, the governor selects a candidate, and the candidate must be confirmed by the Executive Council.[19]

2019

See also: New Hampshire Supreme Court justice vacancy (August 2019)

New Hampshire Governor Chris Sununu (R) first appointed Gordon MacDonald to the New Hampshire Supreme Court on June 5, 2019. In July 2019, the executive council rejected nominee Gordon MacDonald by a 3-2 vote. On January 7, 2021, Gov. Sununu renominated MacDonald. He was confirmed in a 4-1 vote by the executive council on January 22, 2021.[22] MacDonald succeeded Chief Justice Robert J. Lynn, who retired on August 23, 2019, after having reached the mandatory retirement age of 70 years old. MacDonald was Gov. Sununu's third nominee to the five-member court.[21]

Under New Hampshire law, when a vacancy occurred on the court, the governor nominated a successor from a list submitted by the New Hampshire Judicial Selection Commission. The executive council then voted to approve the nomination and make the appointment.[27]


2018

See also: New Hampshire Supreme Court justice vacancy (April 2018)

New Hampshire Supreme Court Chief Justice Linda Dalianis retired on April 1, 2018. Dalianis will reach New Hampshire's mandatory retirement age of 70 in October 2018.

Under New Hampshire law, Republican Governor Chris Sununu nominated a successor from a list submitted by the New Hampshire Judicial Selection Commission. Sununu's nominee, Robert J. Lynn was confirmed by the New Hampshire Executive Council and took office on April 9, 2018.[28] [27] Lynn was Sununu's second nominee to the five-member supreme court.

Caseloads

The table below details the number of cases filed with the court and the number of dispositions (decisions) the court reached in each year.

New Hampshire Supreme Court caseload data
Year Filings Dispositions
2024[29] 729 752
2023[30] 754 728
2022 746 608
2021 614 625
2020[31] 607 676
2019 762 722
2018 712 714
2017[32] 733 720
2016 705 727
2015 750 834
2014 829 920
2013 893 876
2012[33] * *
2011[34] 910 934
2010 880 888
2009 934 871
2008[35] 948 983
2007 924 1096

Three Judges Expedited (3JX)

In 2000, the supreme court began using a three-judge expedited docket process, referred to as the 3JX panel, to review appeals. Judges on the panel alternate monthly. Parties to the case are allowed five minutes of oral argument, and the panel must issue a unanimous written decision. If the panel does not reach a unanimous decision, the parties may be required to file additional briefs, or the case may be brought before the full court.[36]

According to the Rules of the Supreme Court, 3JX panel decisions are nonprecedential.[37] To view 3JX panel decisions, click here.

Analysis

Ballotpedia Courts: Determiners and Dissenters (2021)

See also: Ballotpedia Courts: Determiners and Dissenters

Ballotpedia Courts Determiners and Dissenters navigation ad.png In 2020, Ballotpedia published Ballotpedia Courts: Determiners and Dissenters, a study on how state supreme court justices decided the cases that came before them. Our goal was to determine which justices ruled together most often, which frequently dissented, and which courts featured the most unanimous or contentious decisions.

The study tracked the position taken by each state supreme court justice in every case they decided in 2020, then tallied the number of times the justices on the court ruled together. We identified the following types of justices:

  • We considered two justices opinion partners if they frequently concurred or dissented together throughout the year.
  • We considered justices a dissenting minority if they frequently opposed decisions together as a -1 minority.
  • We considered a group of justices a determining majority if they frequently determined cases by a +1 majority throughout the year.
  • We considered a justice a lone dissenter if he or she frequently dissented alone in cases throughout the year.

Summary of cases decided in 2020

  • Number of justices: 5 (1 vacant through 2020)
  • Number of cases: 73
  • Percentage of cases with a unanimous ruling: 93.2% (68)
  • Justice most often writing the majority opinion: Justice Hicks (22)
  • Per curiam decisions: 1
  • Concurring opinions: 1
  • Justice with most concurring opinions: Justice Hantz Marconi (1)
  • Dissenting opinions: 5
  • Justice with most dissenting opinions: Justice Hantz Marconi (1)

For the study's full set of findings in New Hampshire, click here.

Ballotpedia Courts: State Partisanship (2020)

See also: Ballotpedia Courts: State Partisanship

Ballotpedia Courts State Partisanship navigation ad.png Last updated: June 15, 2020

In 2020, Ballotpedia published Ballotpedia Courts: State Partisanship, a study examining the partisan affiliation of all state supreme court justices in the country as of June 15, 2020.

The study presented Confidence Scores that represented our confidence in each justice's degree of partisan affiliation, based on a variety of factors. This was not a measure of where a justice fell on the political or ideological spectrum, but rather a measure of how much confidence we had that a justice was or had been affiliated with a political party. To arrive at confidence scores we analyzed each justice's past partisan activity by collecting data on campaign finance, past political positions, party registration history, as well as other factors. The five categories of Confidence Scores were:

  • Strong Democrat
  • Mild Democrat
  • Indeterminate[38]
  • Mild Republican
  • Strong Republican

We used the Confidence Scores of each justice to develop a Court Balance Score, which attempted to show the balance among justices with Democratic, Republican, and Indeterminate Confidence Scores on a court. Courts with higher positive Court Balance Scores included justices with higher Republican Confidence Scores, while courts with lower negative Court Balance Scores included justices with higher Democratic Confidence Scores. Courts closest to zero either had justices with conflicting partisanship or justices with Indeterminate Confidence Scores.[39]

New Hampshire had a Court Balance Score of 3.25, indicating split control of the court. In total, the study found that there were 15 states with Democrat-controlled courts, 27 states with Republican-controlled courts, and eight states with Split courts. The map below shows the court balance score of each state.

SSC by state.png


Bonica and Woodruff campaign finance scores (2012)

See also: Bonica and Woodruff campaign finance scores of state supreme court justices, 2012

In October 2012, political science professors Adam Bonica and Michael Woodruff of Stanford University attempted to determine the partisan outlook of state supreme court justices in their paper, "State Supreme Court Ideology and 'New Style' Judicial Campaigns." A score above 0 indicated a more conservative-leaning ideology while scores below 0 were more liberal. The state Supreme Court of New Hampshire was given a campaign finance score (CFscore), which was calculated for judges in October 2012. At that time, New Hampshire received a score of -0.99. Based on the justices selected, New Hampshire was the 4th most liberal court. The study was based on data from campaign contributions by judges themselves, the partisan leaning of contributors to the judges, or—in the absence of elections—the ideology of the appointing body (governor or legislature). This study was not a definitive label of a justice but rather an academic gauge of various factors.[40]

Noteworthy cases

The following are noteworthy cases heard before the New Hampshire Supreme Court. For a full list of opinions published by the court, click here. Know of a case we should cover here? Let us know by emailing us.

Ethics

The New Hampshire Code of Judicial Conduct sets forth ethical guidelines and principles for the conduct of judges and judicial candidates in New Hampshire. It consists of four overarching canons:[50]

  • Canon 1: A judge shall uphold and promote the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety.
  • Canon 2: A judge shall perform the duties of judicial office impartially, competently, and diligently.
  • Canon 3: A judge shall conduct the judge's personal and extrajudicial activities to minimize the risk of conflict with the obligations of judicial office.
  • Canon 4: A judge or judicial candidate shall refrain from inappropriate political activity.[12]

The full text of the New Hampshire Code of Judicial Conduct can be found here.

Removal of justices

There are two methods for removing supreme court justices:

1. The governor may remove a justice with the approval of the executive council upon the address of the legislature. According to Part 2 Article 73 of the New Hampshire Constitution:[51]

The governor with consent of the council may remove any commissioned officer for reasonable cause upon the address of both houses of the legislature, provided nevertheless that the cause for removal shall be stated fully and substantially in the address and shall not be a cause which is a sufficient ground for impeachment, and provided further that no officer shall be so removed unless he shall have had an opportunity to be heard in his defense by a joint committee of both houses of the legislature.[12]


2. The legislature may remove a justice through impeachment and conviction. According to Part 2 Article 38 of the New Hampshire Constitution:[52]

The senate shall be a court, with full power and authority to hear, try, and determine, all impeachments made by the house of representatives against any officer or officers of the state, for bribery, corruption, malpractice or maladministration, in office...[12]

History of the court

New Hampshire Supreme Court building

In 1776, six months before signing the Declaration of Independence, New Hampshire's newly created house of representatives approved a constitution. This was a temporary document, not approved by voters, designed to transition the territory through the war for independence. Based on this constitution, the colony abolished the court of appeals and put an end to the practice of allowing appeals to go to the king of Great Britain. A superior court of judicature was created instead, and was recognized by the legislature as the only appellate body in New Hampshire. The court had four justices, appointed by the legislature. The superior court of judicature remained largely unchanged until 1876.[53][54]

New Hampshirites passed a new New Hampshire Constitution in 1784, four years before statehood, that remains in effect today. The justices of the superior court of judicature were to hold their positions for life with good behavior. A 1791-92 convention modified the judicial portion of the constitution providing for a supreme court with 7-10 justices, where justices were divided into two circuits and only three judges were required to hold court. The court gained civil jurisdiction in cases valued at more than four pounds. The supreme court heard trials at the county level and it also heard appeals.[55]

In 1876 an act was passed by the legislature creating a supreme court as the highest court in the state, with five justices. In 1877 the legislature added two justices, bringing the total number of justices to seven. In 1901 the legislature made major changes to the supreme court by creating two different courts: a superior court with jurisdiction over county trials that had previously been heard by the supreme court during "trial terms," and a supreme court, consisting of five justices, with jurisdiction over questions of law brought on appeal from other courts.[56]

In 1966 state residents passed the New Hampshire Supreme and Superior Court Amendment (1966) providing that the state supreme and superior courts are constitutional courts and therefore can only be abolished or changed by constitutional amendment.[57]

In the 1970s constitutional amendments were passed unifying the court system to provide for more efficient administration, establishing the chief justice of the supreme court as the administrative head of the court system, and requiring the chief to have the advice and consent of the chief justice of the superior court. A 24-member judicial council was also established as an independent forum to consider issues in the administration of justice.[58]

Courts in New Hampshire

See also: Courts in New Hampshire

In New Hampshire, there is one federal district court, a state supreme court, and trial courts with both general and limited jurisdiction.

Click a link for information about that court type.

The image below depicts the flow of cases through New Hampshire's state court system. Cases typically originate in the trial courts and can be appealed to courts higher up in the system.

The structure of New Hampshire's state court system.

Party control of New Hampshire state government

A state government trifecta is a term that describes single-party government, when one political party holds the governor's office and has majorities in both chambers of the legislature in a state government. A state supreme court plays a role in the checks and balances system of a state government.

New Hampshire has a Republican trifecta. The Republican Party controls the office of governor and both chambers of the state legislature.

New Hampshire Party Control: 1992-2025
Four years of Democratic trifectas  •  Fourteen years of Republican trifectas
Scroll left and right on the table below to view more years.

Year 92 93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Governor R R R R R D D D D D D R R D D D D D D D D D D D D R R R R R R R R R
Senate R R R R R R R D S R R R R R R D D D D R R R R R R R R D D R R R R R
House R R R R R R R R R R R R R R R D D D D R R D D R R R R D D R R R R R

See also

New Hampshire Judicial Selection More Courts
Seal of New Hampshire.png
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Courts in New Hampshire
New Hampshire Supreme Court
Elections: 202520242023202220212020201920182017
Gubernatorial appointments
Judicial selection in New Hampshire
Federal courts
State courts
Local courts

External links

Footnotes

  1. The salary of the chief justice may be higher than an associate justice.
  2. New Hampshire Judicial Branch, "About the Supreme Court," accessed August 25, 2021
  3. Rules of the Supreme Court of the State of New Hampshire, "Rule 2. Term and Sessions," accessed August 25, 2021
  4. Note: In New Hampshire, a judicial selection commission has been established by executive order. The commission's recommendations are not binding.
  5. New Hampshire Judicial Branch, "Supreme Court - Judicial Duties," accessed August 25, 2021
  6. Justia US Law,"New Hampshire Supreme Court Decisions," accessed June 21, 2024
  7. Justia US Law,"New Hampshire Supreme Court Decisions," accessed June 21, 2024
  8. New Hampshire Judicial Branch,"Supreme Court," accessed June 21, 2024
  9. U.S. Department of Justice, Office of Justice Programs,"An Introduction to the Supreme Court of New Hampshire," accessed June 21, 2024
  10. U.S. Department of Justice, Office of Justice Programs,"An Introduction to the Supreme Court of New Hampshire," accessed June 21, 2024
  11. The General Court of New Hampshire, "New Hampshire Revised Statutes Annotated Title LI," accessed August 25, 2021 (Section 490:4)
  12. 12.0 12.1 12.2 12.3 12.4 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  13. New Hampshire Judicial Branch, "About the Supreme Court," accessed August 24, 2021
  14. NH.gov, "State Constitution - Executive Power - Governor," accessed August 24, 2021 (Article 46)
  15. State of New Hampshire Executive Council, "About Us," accessed August 24, 2021
  16. National Center for State Courts, "Judicial Selection in the States: New Hampshire | Overview," accessed August 24, 2021
  17. New Hampshire Secretary of State, "Executive order 2000-9: An order establishing a Judicial Selection Commission," June 30, 2000
  18. The General Court of New Hampshire, "New Hampshire Revised Statutes Annotated Title LI," accessed August 24, 2021 (Section 493:2)
  19. 19.0 19.1 19.2 19.3 19.4 National Center for State Courts, "Methods of Judicial Selection: New Hampshire | Selection of Judges," accessed August 24, 2021
  20. While a 2001 law amended Section 490:1 of the New Hampshire Revised Statutes to make the chief justice position a rotating position based on seniority, the New Hampshire Supreme Court found this law to be unconstitutional in 2004.
  21. 21.0 21.1 Office of the Governor, "Governor Ayotte Announces Nominations for Attorney General and Supreme Court," August 26, 2025 Cite error: Invalid <ref> tag; name "appt" defined multiple times with different content
  22. 22.0 22.1 Office of the Governor - Kelly Ayotte, "Bryan Gould Confirmed as Associate Justice of the New Hampshire Supreme Court," September 17, 2025 Cite error: Invalid <ref> tag; name "conf" defined multiple times with different content
  23. Note: In New Hampshire, a judicial selection commission has been established by executive order. The commission's recommendations are not binding.
  24. The Telegraph, "Countway confirmed to New Hampshire Supreme Court; Laconia land deal delayed," December 21, 2023
  25. Laconia Daily Sun, "Melissa Countway, former Belknap County attorney, confirmed to NH Supreme Court," December 21, 2023
  26. Note: In New Hampshire, a judicial selection commission has been established by executive order. The commission's recommendations are not binding.
  27. 27.0 27.1 American Judicature Society, "Methods of Judicial Selection: New Hampshire," archived October 2, 2014
  28. nhpr, "N.H. Supreme Court Swears In New Chief Justice," April 9, 2018
  29. New Hampshire Judicial Branch, "New Hampshire Supreme Court 2019-2024," accessed September 17, 2025
  30. New Hampshire Judicial Branch, "New Hampshire Supreme Court 2019-2023," accessed September 25, 2024
  31. New Hampshire Judicial Branch, "New Hampshire Supreme Court 2016-2020," accessed August 25, 2021
  32. New Hampshire Judicial Branch, "New Hampshire Supreme Court 2013-2017," accessed September 18, 2019
  33. Data not available
  34. New Hampshire Judicial Branch, "Financial and Statistical Report " July 26, 2012 (page 11)
  35. New Hampshire Judicial Branch, "State of New Hampshire Judicial Branch Biennial Report 2007-2008," accessed September 18, 2019 (page 14)]
  36. The Journal of Appellate Practice and Process, "New Hampshire's Three-Judge Expedited Docket,"
  37. New Hampshire Judicial Branch, "Supreme Court - 3JX Final Orders," accessed August 25, 2021
  38. An Indeterminate score indicates that there is either not enough information about the justice’s partisan affiliations or that our research found conflicting partisan affiliations.
  39. The Court Balance Score is calculated by finding the average partisan Confidence Score of all justices on a state supreme court. For example, if a state has justices on the state supreme court with Confidence Scores of 4, -2, 2, 14, -2, 3, and 4, the Court Balance is the average of those scores: 3.3. Therefore, the Confidence Score on the court is Mild Republican. The use of positive and negative numbers in presenting both Confidence Scores and Court Balance Scores should not be understood to that either a Republican or Democratic score is positive or negative. The numerical values represent their distance from zero, not whether one score is better or worse than another.
  40. Stanford University, "State Supreme Court Ideology and 'New Style' Judicial Campaigns," October 31, 2012
  41. Claremont Lawsuit Coalition, "Claremont School Dist. v. Governor," archived October 23, 2014
  42. New Hampshire Judicial Branch, "Claremont School District v. Governor," December 17, 1997
  43. National Education Access Network, "New Hampshire Supreme Court requires state to define an adequate education," archived June 23, 2015
  44. 44.0 44.1 Justia US Law, "State v. Wentworth," 1978
  45. Casetext, "Bokowsky v. State," February 26, 1971
  46. Justia US Supreme Court, "Sweezy v. New Hampshire," June 17, 1957
  47. Justia US Supreme Court, "Chaplinsky v. New Hampshire," March 9, 1942
  48. The American Journal of Legal History, "Interpretation and Authority: Separation of Powers and the Judiciary's Battle for Independence in New Hampshire, 1786-1818," Vol 39, No, 3, July 1995
  49. New Hampshire Bar Association, "Judicial Review and Its Limits; Part I (Legitimacy)," archived March 5, 2007
  50. Rules of the Supreme Court of the State of New Hampshire, "Rule 38. Code of Judicial Conduct.," accessed August 25, 2021
  51. NH.gov, "State Constitution - Judiciary Power," accessed August 25, 2021 (Part 2 Article 73)
  52. NH.gov, "State Constitution - Senate," accessed August 25, 2021 (Part 2 Article 38)
  53. U.S. Department of Justice, Office of Justice Programs,"An Introduction to the Supreme Court of New Hampshire," accessed June 21, 2024
  54. New Hampshire Historical Society,"Timeline of New Hampshire History," accessed June 21, 2024
  55. Google Books,"The Ninth State," accessed June 21, 2024
  56. U.S. Department of Justice, Office of Justice Programs,"An Introduction to the Supreme Court of New Hampshire," accessed June 21, 2024
  57. U.S. Department of Justice, Office of Justice Programs,"An Introduction to the Supreme Court of New Hampshire," accessed June 21, 2024
  58. New Hampshire Judicial Branch,"History of the Court," accessed June 21, 2024