New Hampshire Supreme Court justice vacancy (February 2026)
| New Hampshire Supreme Court |
|---|
 |
| Marconi vacancy |
| Date: February 12, 2026 |
| Status: Seat filled |
| Nomination |
| Nominee: Daniel Will |
| Date: January 27, 2026 |
On January 27, 2026, Governor Kelly Ayotte (R) nominated Daniel Will to the New Hampshire Supreme Court, replacing Justice Anna Barbara Hantz Marconi, who retired on February 12, 2026.[1] Marconi retired after reaching the mandatory retirement age of 70.[2] Will is Gov. Ayotte's second 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:
- An overview of the appointee.
- An overview of the selection process.
- An overview of the court following the vacancy.
- An overview of the justice who left office.
- A list of other state supreme court appointments in 2026.
The appointee
- See also: Daniel Will
On January 27, 2026, Governor Kelly Ayotte (R) nominated Daniel Will to the New Hampshire Supreme Court. His nomination comes after he was recommended by the New Hampshire Judicial Selection Commission. Neither the applicants nor the finalists for this position have been released online. Will has served as a New Hampshire Superior Court judge since 2021. Prior to his tenure in the New Hampshire judiciary, he served as New Hampshire's first Solicitor General. He earned a bachelor's degree from the University of Pennsylvania and a J.D. from Boston College Law School.[1]
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.[5] 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 Marconi's retirement, the New Hampshire Supreme Court included the following members:
| ■ Melissa Beth Countway | Appointed by Gov. Chris Sununu (R) in 2023 | |
| ■ Patrick Donovan | Appointed by Gov. Chris Sununu (R) in 2018 | |
| ■ Bryan Gould | Appointed by Gov. Kelly Ayotte (R) in 2025 | |
| ■ Gordon MacDonald | Appointed by Gov. Chris Sununu (R) in 2021 |
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 September 2025, four judges were appointed by a Republican governor, and one judge was appointed by a Democratic governor.
The New Hampshire Supreme Court meets in the Supreme Court Building in Concord, New Hampshire.[6] The court's general term begins in January, and the court holds regular sessions during the year.[7]
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.[8] There are five states that use this selection method. To read more about the gubernatorial appointment of judges, click here.
About Justice Marconi
- See also: Anna Barbara Hantz Marconi
Hantz Marconi received a bachelor's degree in political science from the University of New Hampshire in 1977 and a J.D. from Chicago Kent College of Law in 1992. After law school, she clerked for Maine Supreme Judicial Court Justices Caroline Glassman and Robert B. Clifford. Before her appointment to the New Hampshire Supreme Court, Hantz Marconi was an attorney and shareholder at Sheehan, Phinney, Bass & Green.[9][10]
Hantz Marconi was a member of Gov. John Lynch's (D) judicial selection commission from 2005 to 2011.[11] She has also been involved with the New Hampshire Board of Bar Examiners, the New Hampshire Women's Bar Association, and the Domestic Violence Emergency (DOVE) Program. She previously served on the board of New Hampshire Legal Assistance.[10]
Other state supreme court appointments in 2026
- See also: State supreme court vacancies, 2026
The following table lists vacancies on state supreme courts that opened in 2026. Click the link under the Court column for a particular vacancy for more information on that vacancy.
Click here for vacancies that opened in 2025.
| 2026 State Supreme Court Vacancies |
|---|
See also
External links
Footnotes
- ↑ 1.0 1.1 Office of the Governor - Kelly Ayotte, "Ayotte Nominates Daniel E. Will to Supreme Court," January 27, 2026
- ↑ WMUR9, "NH Supreme Court Justice Hantz Marconi says she'll no longer participate in cases," November 14, 2025
- ↑ Note: In New Hampshire, a judicial selection commission has been established by executive order. The commission's recommendations are not binding.
- ↑ National Center for State Courts, "Methods of Judicial Selection: New Hampshire | Selection of Judges," accessed August 24, 2021
- ↑ Note: In New Hampshire, a judicial selection commission has been established by executive order. The commission's recommendations are not binding.
- ↑ New Hampshire Judicial Branch, "About the Supreme Court," accessed August 25, 2021
- ↑ Rules of the Supreme Court of the State of New Hampshire, "Rule 2. Term and Sessions," accessed August 25, 2021
- ↑ Note: In New Hampshire, a judicial selection commission has been established by executive order. The commission's recommendations are not binding.
- ↑ WMUR Manchester, "Sununu to nominate Hantz Marconi as NH Supreme Court associate justice," June 6, 2017
- ↑ 10.0 10.1 New Hampshire Judicial Branch, "Supreme Court - Associate Justice Anna Barbara Hantz Marconi," accessed July 11, 2021
- ↑ New Hampshire Governor Chris Sununu, "Governor Chris Sununu to Nominate Bobbie Hantz Marconi as Next Associate Justice of the New Hampshire Supreme Court," June 6, 2017
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Federal courts:
First Circuit Court of Appeals • U.S. District Court: District of New Hampshire • U.S. Bankruptcy Court: District of New Hampshire
State courts:
New Hampshire Supreme Court • New Hampshire Superior Courts • New Hampshire Circuit Courts • New Hampshire Probate Courts • New Hampshire District Court • New Hampshire Family Division
State resources:
Courts in New Hampshire • New Hampshire judicial elections • Judicial selection in New Hampshire
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