Supreme Court Chief Justice Gordon MacDonald Under DOJ Review Over $50K Payout

By DAMIEN FISHER, InDepthNH

The New Hampshire Department of Justice is reviewing Chief Justice Gordon MacDonald and the personnel moves that netted his former assistant a $50,000 payout.

NHPR’s Todd Bookman broke the story last month that Dianne Martin was laid off from her job as the administrative director at the Judicial Branch in April, and then hired two days later by the Supreme Court as the General Counsel to the Office of Bar Admissions. During her brief unemployment, Martin cashed out her accrued employment benefits, including unused vacation and sick time, valued at more than $50,000.

Last week, Deputy Attorney General James Boffetti sent letters to MacDonald, Martin, the Supreme Court, and Department of Administrative Services Commissioner Charlie Arlinghaus that Martin’s job change is now under official review, according to documents shared Wednesday with InDepthNH.org and other media outlets. Boffetti makes clear in his letters that the review is to determine what next steps, in any, are necessary for the DOJ.

“To be clear, this is strictly a preliminary review, and no formal criminal investigation has been opened,” Boffetti wrote.

The letters request all parties to preserve records related to Martin’s layoff, rehiring, and benefits payment. That includes emails, text messages, memos, and voicemails, according to Boffetti’s letters.

MacDonald has already hired Jane Young as his attorney. Young is the former Deputy Attorney General who served under MacDonald while he was Attorney General. She’s also the former federal United States Attorney for the District of New Hampshire.

Young and her partner, Mark Morrissette, called Martin’s job change a “complex and evolving personnel matter” in their Oct. 23 letter to Boffetti. The pair requested Boffetti hear their version of the Martin events before any possible criminal investigation gets underway. The pair also told Boffetti they plan to go over his head, calling NHPR’s story that sparked the review misleading.

“We also clearly and unequivocally place you on notice that there will be immediate outreach to Governor [Kelly] Ayotte’s office, Speaker of the House [Sherman] Packard’s Office, and Senator [Sharon] Carson’s office to answer questions that they may have regarding about the incomplete and, quite frankly, misleading Bookman story.” Young and Morrissette wrote.

According to a statement issued by the Supreme Court last week, the whole Court agreed on Martin’s termination and rehire. Her position was eliminated as part of the Court’s own review of costs and operations, according to the statement. Under the state’s employment rules, Martin was allowed to collect her accused benefits once her position was terminated.

“Under the personnel rules, elimination of a position results in a layoff of the employee, and the employee is entitled to three weeks' notice. In accordance with standard personnel policies, and after review by the Department of Administrative Services, she received the accrued leave and benefits to which she was entitled at the time of her layoff,” the statement reads.

Martin’s new job at the Office of Bar Admissions keeps her within the Judicial Branch, however. The Office of Bar Admissions is within the Supreme Court’s administration, though her salary is now covered by bar admission and application fees rather than taxpayer funds.

This article first appeared on InDepthNH.org and is republished here under a Creative Commons license.