New Hampshire Supreme Court Chief Justice Gordon MacDonald announced his resignation from the bench on Tuesday, effective immediately, after being accused of violating the state’s judicial code of conduct for his role in orchestrating a payout to a top ally last year.

MacDonald’s departure marks a sudden and stunning end to his five-year tenure leading New Hampshire’s judicial branch. The 64-year-old has been out on medical leave since late July, with no explanation provided for his absence.

In a resignation letter released Tuesday morning, MacDonald said, “I believe this is in the best interests of the New Hampshire Judicial Branch. I accept responsibility and accountability for my conduct.”

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News of MacDonald’s resignation came simultaneously with an announcement from the New Hampshire Supreme Court that he had admitted to violating several sections of the state’s judicial code of conduct. The ethics probe centered on MacDonald’s handling of an unusual personnel maneuver last year in which Dianne Martin, a top judicial branch employee and longtime ally of MacDonald’s, was laid off and then immediately rehired into another position, allowing her to cash out nearly $50,000 in accrued benefits.

According to records released Tuesday, the state Judicial Conduct Committee — an independent panel of judges and lawyers that investigates allegations of wrongdoing by state judges — determined that MacDonald failed to “promote public confidence” in the judiciary, failed to perform his duties competently, and failed “to avoid favoritism with respect to the removal of Dianne Martin” from her position. Rather than challenge the committee’s ethics charges through a public trial, MacDonald chose to resign.

MacDonald admitted to violating three sections of the state’s Code of Judicial Conduct, according to an order released by the New Hampshire Supreme Court Tuesday.

“The JCC determined that if MacDonald were allowed to retain his judicial commission, even while suspected, it would run counter to these important constitutional principles. Thus, the certainty that he would no longer hold a position of public trust was of paramount concern to the JCC.”

MacDonald was named to the bench in 2021 by then-Gov. Chris Sununu, after serving as the state’s attorney general for four years. Prior to his time in state government, MacDonald worked in private practice and was active in state Republican politics. He grew up in the Hanover area and attended Dartmouth College, before receiving a law degree at Cornell.

Read more of NHPR’s coverage of Gordon MacDonald since he was confirmed as chief justice in 2021.

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The 11-person Judicial Conduct Committee opened its inquiry into MacDonald in November 2025, shortly after NHPR’s initial reporting. According to materials released Tuesday, the committee had concerns about the “accuracy” of a statement released by the Supreme Court in response to NHPR’s reporting about MacDonald’s role in Martin’s employment.

After months of interviews with top judicial officials, including fellow Supreme Court justices Melissa Countway and Patrick Donovan, the committee concluded that MacDonald’s conduct was “fundamentally at odds with the impartial administration of justice.”

Whistleblower leads to investigation at Supreme Court

Last October, New Hampshire Public Radio published an investigation into an irregular personnel maneuver that allowed Martin, a top state court employee, to collect nearly $50,000 in employment benefits following a layoff that lasted just 48 hours. A whistleblower alleged that MacDonald helped orchestrate the payments to Martin, who had worked under MacDonald at both the Judicial Branch and when MacDonald served as attorney general.

After the story was published, the Supreme Court’s justices issued a rare public statement defending the transactions involving Martin, saying the move was in line with “standard personnel policies.” The justices — with the exception of Anna Barbara Hantz Marconi, who did not sign the statement — said that Martin was removed from her previous position as part of a reorganization to save costs.

However, the court immediately filled her position overseeing the administrative office of the courts with a veteran court official, and assigned Martin to another role that was already filled. At the time, the Judicial Branch had implemented a hiring freeze and was warning of delayed trials if lawmakers carried through on plans to trim the courts’ budget.

Late last year, a review by the New Hampshire Attorney General’s office found no evidence of criminal wrongdoing in the handling of Martin’s employment, but confirmed the timeline of events in the original NHPR investigation. The Attorney General’s report concluded that the maneuvers involving Martin failed to follow “human resources best practices.”

Records released following that investigation showed Justices Patrick Donovan and Melissa Countway met with Martin and offered her another position within the court system, citing concerns about her performance. Martin initially declined the new role. After communicating with MacDonald, however, Martin signed on to the position leading the court’s bar admissions program. She was allowed to work fully remote, and would report directly to MacDonald.

After news of Martin’s shifting position within the courts and the allegation by the whistleblower became public, New Hampshire House lawmakers considered opening their own investigation into MacDonald earlier this year, but that resolution was ultimately tabled.

As chief justice, MacDonald was one of five members of the court who hears cases and issues opinions, but he also had additional responsibilities overseeing a sprawling state court system. In late July, the court announced his sudden medical leave of absence without disclosing any information about his condition.

The court is on its traditional summer recess until Sept. 22, when it will resume oral arguments. Since MacDonald went on medical leave, Justice Donovan, the court’s most senior justice, has been filling the chief’s responsibilities. It isn’t clear when Gov. Kelly Ayotte will seek to nominate MacDonald’s replacement.

Read the Judicial Conduct Committee’s reports in the Gordon MacDonald case:

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