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New Hampshire Supreme Court justice vacancy (November 2023)

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New Hampshire Supreme Court
State-Supreme-Courts-Ballotpedia.png
Hicks vacancy
Date:
November 30, 2023
Status:
Seat filled
Nomination
Nominee:
Melissa Beth Countway
Date:
November 8, 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.[1] Countway will serve until July 18, 2041, when she will reach the mandatory retirement age of 70 years.[2]

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.[3] 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.[4]

Ballotpedia has compiled the following resources on the process to fill the New Hampshire Supreme Court vacancy:

The appointee

See also: Melissa Beth Countway

Countway was nominated to the New Hampshire Supreme Court by Gov. Chris Sununu (R) on November 8, 2023, to succeed Justice Gary Hicks. She was confirmed to the court by the New Hampshire Executive Council in a vote on December 20, 2023.[2] To read more about judicial selection in New Hampshire, click here.


Education

She received a bachelor's degree in 1993 followed by a master's degree in 1994 from University of New Hampshire. She received a J.D. from University of North Carolina at Chapel Hill.[5]

Career

Countway served as the Belknap County Attorney from 2011 to 2017. In 2017 she became a New Hampshire Circuit Courts judge.[6]


The selection process

See also: Judicial selection in New Hampshire

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.[7] There are five states that use this selection method. To read more about the gubernatorial appointment of judges, click here.

Makeup of the court

See also: New Hampshire Supreme Court

Justices

Following Gary Hicks' retirement, the New Hampshire Supreme Court included the following members:

Gordon MacDonald Appointed by Gov. Chris Sununu (R) in 2021
James Bassett Appointed by Gov. John H. Lynch (D) in 2012
Patrick E. Donovan Appointed by Gov. Chris Sununu (R) in 2018
Anna Barbara Hantz Marconi Appointed by Gov. Chris Sununu (R) in 2017

About the court

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.[8] The court's general term begins in January, and the court holds regular sessions during the year.[9]

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.[10] There are five states that use this selection method. To read more about the gubernatorial appointment of judges, click here.

About Justice Hicks

See also: Gary Hicks
Gary Hicks.jpg


Hicks was born in West Stewartstown, New Hampshire. He received an undergraduate degree in mathematics from Bucknell University in 1975 and a J.D. from Boston University School of Law in 1978. Hicks was a commercial litigator at Wiggin & Nourie from 1978 to 2001.[11][5]


Other state supreme court appointments in 2023

See also: State supreme court vacancies, 2023

The following table lists vacancies on state supreme courts that opened in 2023. Click the link under the Court column for a particular vacancy for more information on that vacancy.

Click here for vacancies that opened in 2022.

2023 judicial vacancies filled by appointment
Court Date of Vacancy Justice Reason Date Vacancy Filled Successor
California Supreme Court January 2, 2023 Patricia Guerrero Ascension August 10, 2022 Kelli M. Evans
North Dakota Supreme Court January 31, 2023 Gerald VandeWalle Retired January 9, 2023 Douglas Bahr
Alaska Supreme Court February 6, 2023 Daniel Winfree Retired January 20, 2023 Jude Pate
Delaware Supreme Court February 7, 2023 Tamika Montgomery-Reeves Elevated April 13, 2023 N. Christopher Griffiths
Oregon Supreme Court February 23, 2023 Adrienne Nelson Elevated August 16, 2023 Aruna Masih
Connecticut Supreme Court March 10, 2023 Maria Araujo Kahn Elevated September 1, 2023 Nora Dannehy
Florida Supreme Court March 31, 2023 Ricky Polston Retired May 23, 2023 Meredith Sasso
Hawaii Supreme Court March 31, 2023 Michael Wilson Retired October 23, 2023 Lisa M. Ginoza
New York Court of Appeals April 18, 2023 Rowan Wilson Ascension April 10, 2023 Caitlin J. Halligan
Hawaii Supreme Court April 22, 2023 Paula Nakayama Retired October 23, 2023 Vladimir P. Devens
Delaware Supreme Court May 1, 2023 James T. Vaughn Jr. Retired April 13, 2023 Abigail LeGrow
Arkansas Supreme Court June 21, 2023 Robin Wynne Death July 3, 2023 Cody Hiland
Missouri Supreme Court August 4, 2023 George Draper Retired September 12, 2023 Kelly C. Broniec
Tennessee Supreme Court August 31, 2023 Sharon Lee Retired February 2, 2023 Dwight Tarwater
Supreme Court of North Carolina September 8, 2023 Michael R. Morgan Retired September 11, 2023 Allison Riggs
Minnesota Supreme Court October 1, 2023 Lorie Gildea Retired August 23, 2023 Natalie Hudson
Minnesota Supreme Court October 2, 2023 Natalie Hudson Ascension August 23, 2023 Karl Procaccini
Missouri Supreme Court October 13, 2023 Patricia Breckenridge Retired October 30, 2023 Ginger Gooch
Idaho Supreme Court October 31, 2023 John R. Stegner Retired November 6, 2023 Cynthia Meyer
New Hampshire Supreme Court November 30, 2023 Gary Hicks Retired November 8, 2023 Melissa Beth Countway


See also

New Hampshire Judicial Selection More Courts
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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 Telegraph, "Countway confirmed to New Hampshire Supreme Court; Laconia land deal delayed," December 21, 2023
  2. 2.0 2.1 Laconia Daily Sun, "Melissa Countway, former Belknap County attorney, confirmed to NH Supreme Court," December 21, 2023 Cite error: Invalid <ref> tag; name "nomination" defined multiple times with different content
  3. Note: In New Hampshire, a judicial selection commission has been established by executive order. The commission's recommendations are not binding.
  4. National Center for State Courts, "Methods of Judicial Selection: New Hampshire | Selection of Judges," accessed August 24, 2021
  5. 5.0 5.1 New Hampshire Judicial Branch, "Associate Justice Melissa Countway," accessed January 8, 2024 Cite error: Invalid <ref> tag; name "SSCbio" defined multiple times with different content
  6. New Hampshire Governor Chris Sununu, "Governor Chris Sununu Nominates Melissa Beth Countway to New Hampshire Supreme Court," November 8, 2023
  7. Note: In New Hampshire, a judicial selection commission has been established by executive order. The commission's recommendations are not binding.
  8. New Hampshire Judicial Branch, "About the Supreme Court," accessed August 25, 2021
  9. Rules of the Supreme Court of the State of New Hampshire, "Rule 2. Term and Sessions," accessed August 25, 2021
  10. Note: In New Hampshire, a judicial selection commission has been established by executive order. The commission's recommendations are not binding.
  11. The Berlin Sun, "Gov. Lynch nominates North Country native to state Supreme Court," December 19, 2005